was it a tragic accident? an 11-year-old boy found shot to death in his east bay home. the latest from investigators this morning in a live report. >> plus, a community's tribute to a b.a.r.t. officer killed in the line of duty. what we're learning about the fellow officer who shot him. >> a live look outside this morning, thursday morning, beautiful look at the bay bridge. january 23rd, this is "today in the bay." >> good morning to you. i'm scott mcgrew. >> i'm laura garcia-cannon. lots to get to. we welcome rob in for christina. >> 30s and 40s to start, one of

the changes we're seeing along the coast, patchy low clouds and fog so watch out for that this morning. mike has more on the commute coming up. our hour by hour forecast into the afternoon, in the upper 60s near 70 around the south bay. by 4:00 and 5:00. san francisco mid-60s. we show you the north bay. 65 around lunch time. tri-valley close to records again today. 70 degrees for the afternoon, looking pretty good for the afternoon. this morning, mike, reduced visibilities on highway 1. >> watch for that. so far no reports of problems, that doesn't mean there aren't any. there are fewer drivers in the area. this is oakland, northbound coming toward us with the headlights. a smooth flow shows up here and on our maps. eastbound 580 around gulf links road an earlier crash reporting activity. no slowing. sounds like it's out of lanes. there are lanes affected, mission boulevard all lanes

blocked at rose through castro valley. there will be crews out there much of the morning. back to you. >> thank you, mike. new details on the apparent accidental shooting in contra costa county that took the life of an 11-year-old boy. it happened in the 1300 block of yosemite circle in oakley. just after 7:00 last night sheriff deputies were called to the home for a report of the shooting. they found, rather, the 11-year-old boy suffering from a gunshot wound. he was dead at the scene a. preliminary investigation indicates the boy accidentally shot himself. officials have not said whether there were adults home at the time or how the boy got the gun. his name has not been released. >> the 42-year-old b.a.r.t. police officer killed by one of his own in the line of duty is remembered as a serious civil servant, husband and father. an independent police auditor

says he will come through with an objective report on the deadly shooting of detective thomas smith. flags of tribute where smith lived with his wife and daughter. smith and officers went into the apartment of john henry lee. they knew he was in custody and went in to recover items stolen. a spokesperson says the apartment door was unlocked and that could have raised tensions. >> if your door sun locked it usually means somebody is there. so i'm sure that was in their mind somebody was in the apartment at the time. >> sources identify the officer who killed smith as michael mays, a 13-year veteran of the department. it's unclear what led mays to fire his gun. officials say smith and mays were partners for years. in california history 35 officers have been killed by

accidental gun fire, in 13 the victim was shot by a fellow officer. stay with nbc bay area news for complete coverage on air ond on line. you can find latest on our website nbcbayarea.com. >> prosecutors expect a teen charged with setting another teen's skirt on fire to enter a plea. they charged 16-year-old richard thomas as an adult with a hate crime enhancement. a judge denied a motion to move the case back to juvenile court earlier this month. thomas admitted to setting sasha fleischman's skirt on fire while they were riding a bus in oakland in november but thomas says it was just a prank. fleischman suffered second and third degree burns in the attack. the teen convicted of shooting into a pickup truck carrying his love interest and her friend will be sentenced in court. 19-year-old max wade was found guilty of trying to kill a man.

his attorney calls it love gone wrong. in 2011 he tried to wow her with a stolen lamborghini. wade was 17 at the time. >> the airport will focus training on reducing human trafficking. mike hondo says airport personnel can be the first line of defense. the training is timely with super bowl coming to the silicon valley in 2016. thousands of tourists and potential traffickers actually pass through and honda says employees are good positions to raise red flags. >> the new bay bridge sup and running. a report questioning the quality of workmanship. the report commissioned by a state senate committee released ahead of an investigation for tomorrow. some engineers told investigators they were silenced

by their managers after raising questions about the structural safety of the eastern span. the report suggested caltrans manager allowed untested steel bolts to be instaulted. faulty bolts were discovered last march. repairs have been made. the new span opened over labor day 10 years late and over budget. >> super bowl soyfg. >> two dozen of the best ciphers are on the way to half moon bay for the mavericks invitational. 30 to 40-foot waves expected along the coast making conditions perfect for the prestigious surf competition. organizers say tomorrow should be considered a holiday. >> i don't know. i think every day when the mavericks invitation is called i think that's kind of like a bay area holiday. it's one of those things that it doesn't happen every year.

you can always work. but you can't always see mavericks break. >> i second the motion. we'll have a vote later. coming up about 30,000 fans are going to flock to the coast so they must have the day off as well. they won't be able to watch from the shore. you may recall this in 2010. a massive wave wiped out the crowd near the beach. now the beach is closed to the public. you can watch the action from a festival at a hotel and spa or catch it from your home. we'll be streaming the event on nbc bae area.com. >> you don't get send between your toes. check in with rob this morning. it's amazing to see some of the high waves. >> it is. that video is a good example of what a rogue wave can do. we have a high surf advisory. be careful heading to the coast t update on the swell, waves up to probably 10 to 15 foot sets

coming in for the rest of the coast around pillar point, though, we could see waves to 20 to 30 today, then maybe as high as 40 feet come tomorrow. so those conditions active out on the coast with fog too. we're seeing 30s and 40s right now. 45 degrees in san francisco. notice the fog in half moon bay. down to less than about a half mile visibility on the coastline and some of that around gilroy down to less than a half mile so. some of the patchy fog making a comeback. one of the things we'll be watching will be dry and high fire danger conditions out in the north bay through 3:00 this afternoon. winds out of the northeast putting out the red flag warning with gusts possibly to 35 miles per hour. we'll see these conditions improve as those offshore winds back off. next 48 hours, this low is going to track to the west. we're not expecting rain but it's bringing up coastal fog and possibly isolated showers south of lake tahoe.

no real signs of rain for us in the forecast. upper 60s and near 70. san francisco in the upper 60s today. 70 in santa rosa and highs close to records again in the tri-valley. temperatures in the low 70s. for a check of your commute here is mike. >> good morning. we'll watch as those conditions continue to change. here at the toll plaza a calm situation. we have a pause for cash but fast track you don't even have to pause. at the approach the map, a smooth drive through the maze and up the incline, toward treasure island. easy flow. here highway 4 we do see your typical slowing around eighth street. that's a good flow of traffic. you have slowing later on. there is an early morning issue. brentwood avenue blocked due to

a downed power pole. we're not hearing specifics on outages but affecting the local drive. highway 4 around area, walnut to marsh creek is also your alternate. through the north bay a nice flow as we look at san rafael, southbound 101, light now and no problems including through the area where we had the power line down yesterday. around the parkway. all lanes are open. >> sthoonks much. pop singer justin bieber arrested in miami. details just into our newsroom. >> if you want to ask nsa leaker snowden a question, today might be your chance.

a very good thursday morning to you. taking a live look outside. kind of a beautiful look. clear over the south bay. overlooking san jose all of the lights are on. we'll check the morning commute as well. new this morning, pop singer justin bieber under arrest this morning for dui and dragracing in miami. got live pictures now over the miami beach police station. many of the details about the arrest so far unknown but right

now the miami police department says it will send out a press release shortly. our sister station in miami reports bieber was allegedly dragracing his rented lamborghini. arrested for dui and dragracing, we'll bring you updates throughout the morning. >> we're also expecting new developments on the review of secret government spying programs. edward snowden the man who exposed those programs speaking out to the public for the first time. a task force will recommend sweeping changes to how the security agency does business. tracie potts on capitol hill with the latest. >> reporter: this is the website where former nsa contractor edward snowden will answer questions live this afternoon about the government secrets he leaked to the world. >> it is our firm position that he ought to return to the united states and face the charges against him. >> reporter: the spying program snowden exposed are under heavy scrutiny. in a report due out today, a

government task force is expected to recommend that the national security agency stop collecting americans' phone records. in a split decision 3-2 the privacy and civil liberties oversight board will say the government should purge its data base. in a speech last week, president obama laid out reforms but stopped short of getting rid of the programs. >> we cannot unilaterally disarm our intelligence agencies. the review group turned up no indications the data base has been intentionally abused. >> reporter: verizon has more than 1,000 requests for customer information. that was just last year. now the top attorney for microsoft saying their foreign client information be stored outside the u.s. >> netflix considering changes this morning for that and the rest of the news before the bell we turn to hampton pearson live.

good morning. >> how you doing, scott. futures are lower after a mixed day for the markets on wednesday. the dow dragged down by ibm's disappointing earnings, the nasdaq closes levels not seen since july 2000. data later on about unemployment and existing home sales and earnings. the dow falling 41 points to close at 16,373 t nasdaq up 17, closing at 4243. jack lew is warning he will run out of emergency measures to help the u.s. avoid a possible default in late february. unless lawmakers raise the debt ceiling. when congress struck the deal to end the shutdown in october they suspended the debt ceiling until february 7. lew says a late start to the tax filing season will likely increase the number of refunds sent out in february meaning the

treasury will have less cash to pay the nation's bills. and netflix is toying with changes to its streaming video service. the company which is based in los gatos is considering aa plan for $12 to allow four people in the same house stream movies and tv shows at the same time. netflix may also introduce a budget plan at $6.99 a month. early look at business headlines. back to you. >> thank you much. >> get the popcorn going. want to check that forecast. probably too nice to stay inside. >> we'll see temperatures close to 70 so it's still that interesting time of year. the winter coat for the morning and t-shirt for most of the inland locations this afternoon. 37 in the north bay. some of the temperatures santa rosa, 34 degrees, we'll see that jump by almost 35 degrees above that by the afternoon. so quite the change. 41 now in san jose. we're watching on the coastline, a little patchy fog but a high surf advisory.

good for maverick, not if you get caught by one of those rogue waves on the coast. the bigger sets of 15-foot waves, may be closer to 20 tomorrow. temperatures on the coast in the 60s. the other item we're watching is an area of low pressure dropping from the northment red flag warnings until 3:00, the combination of wind gusts approaching 40 miles per hour in those locations above 1,000 feet and humidity levels dry. you should not be seeing red flag warnings in january. without rain that is going to continue to be the case. so we get wetting rain, this system is pulling up low clouds. possibly an isolated shower. this low mainly a wind machine for us. not giving us anything in the way of rain. so high temperatures today, close to 70 in morgan hill. 68 in san jose. san francisco seeing mid to upper 60s today and into the north bay near 70 in santa rosa

and notice the tri-valley at the bottom of the screen. pleasanton 72 degrees to give you a bit of a reality check where we should be. average high should be in the 50s to near 60. look at that, numbers above average, slight dip for tomorrow, then saturday and sunday we move into the weekend numbers back on the rise. you're seeing it in the seven-day forecast. by the middle of next week mid to upper 70s possible in the tri-valley as high pressure no signs of giving ground, staying dry in the forecast through the middle of next week. >> thanks so much, rob. it's 4:49. the purdue university student accused of killing a fellow student scheduled to make his court appearance. cody cousins was arrested after reportedly shooting andrew boldt in the basement of the electrical engineering building on campus. police are not talking about a motive but officials say there was no attempted mass shooting. cousins is held without bail.

>> crisis counselors will be on hand at a southern california preschool to comfort the friends and classmates of two girls and a parent hit by a san diego gas and utility truck. one of the girls -- sorry on the name -- remains in intensive care. family members have not told her her mother was killed shielding the girl from her 5-year-old friend, the 5-year-old will be okay. family and friends held a vigil for 39-year-old anna rodriguez credited with sacrificing her life to save the children. >> just pray, pray a lot, pray for them, pray for her kids. for her family. >> we want answers. and we want them now. there was a life taken too soon. >> rodriguez was walking the girls to school when they were hit. while rodriguez's daughter is in the hospital the other girl hit

in the crash is already recovering at home. >> new video to show you of an explosion at a biodiesel facility in mipy that created a huge mushroom cloud of smoke. one of three explosions since yesterday morning. they plan on letting the fire burn itself out. that could take days. luckily no one was hurt and the cause of the fire under investigation. the plant actually converts chicken fat into alternative fuel. >> still ahead "today in the bay," what exactly did richard sherman say to michael crabtree during the sunday game? we have new audio. >> you want to be my bff? super bowl saturday sure has a nice ring to it. how mother nature could make that happen. >> interesting audio. this is a nice smooth flow. 580 through dublin around fallon road. we'll show you what is going on for the south bay.

>> what do you think of this. turns out it may have been good supportsmanship that got richard sherman fired up. >> is sherman a good guy? sherman was wearing a mike for the game. audio just released by showtime shedding new light on the moments that led up to that controversial post-game interview.

listen closely. >> it's our house. it's our house. >> so hell of a game, hell of a game, handshake out and then sherman insists he was genuine. you saw him try to shake crabtree's hand. then boom, crabtree shoved sherman away. sherman says that's part of the reason he went off after the game calling crabtree, quote a sorry receiver. >> i think they are all fired up, niners just lost, too much commentary. how about super bowl saturday or even friday. the big showdown between the seahawks and denver broncos set for a week from sunday at met life stadium in new jersey. look at this. this is what the stadium looked like after this week's winter storm dumps a foot of snow in

the area. if another major storm is forecast on super bowl sunday it will consider changing the day to friday january 31 or saturday february 1 or even monday february 3. i don't think they should do that. too many have to go to work. as of now the weather calls for a 30% chance of snow or rain with a low of 25 degrees. >> 49ers can handle it fine if it were the 49ers. the seahawks are playing, have to move it. >> changing that day is not a problem because no one has anything like a party planned or anything. look to the roadways where we have a plan for more traffic. a light flow 101 at 680. the south bay we have your road crews more than yesterday. mostly 101 through sunnyvale into palo alto and 880 in the middle of the screen. down to 880 to 280. north 87 reports of a crash around taylor, no injuries

reported and sounds like everything is out of the lanes. we see slowing on the southbound side. that should clear up. plan for downtown traffic and big cheering. eastbound 580, the earlier crash, had it clear from the roadway and from alameda to oakland. >> still ahead on "today in the bay," was it a tragic accident? what we learned from investigators about the 11-year-old boy found shot to death inside his home. >> plus she saved a man from a burning big rig, now hailed as a hero again. we'll tell you why.

>> reporter: i'm bob redell. live to the east bay where a young boy has been shot and killed in what appears to have been a horrible accident. that story coming up. >> she was in the right place at the right time twice. why this woman is called a bay

area hero again. >> we're watching 32 degrees in the north bay in santa rosa, yet high fire danger. the full forecast coming up. >> we're looking here trying to sort through the commute, 580 getting busy in the tri-valley. we have an issue through the castro valley. >> a live look outside at the bay bridge. today is thursday, january 23 and this is "today in the bay." >> a very good morning to you. thanks for joining us. i'm laura garcia-cannon. >> and i'm scott mcgrew. it is a tough morning to say the very least for one east bay family trying to figure out how their loved one, an 11-year-old boy, ended up dead. officials found the boy shot to death around 7:00 last night, 1300 block of yosemite circle in oakley near