involving a teenage girl and a gun belonging to a gilroy police officer. and protesters head to the south bay in response to a flag controversy five years in the making. plus, if you think parking on san francisco's water front is bad now, wait until you hear the giants' plan. why proponents say though lit be worth it. live look outside. beautiful bay bridge on a distance on this tuesday morning, may 5th. this is "today in the bay." >> from nbc ababay area, this i "today in the bay." >> i'm good morning. >> we're going to have much more

on the stories in a moment but first, look at the forecast. good morning. >> happy cinco de mayo to you, sam and laura. good morning everybody at home. pretty comfortable to kick off the new day. 61 degrees in san jose. 41, a chilly start with a clearer sky this morning over santa rosa. a touch warmer this afternoon. counting on showers. i want to get you out that front door if you're leaving. here's mike inouye. >> take you out to oakland, live look past the coliseum. easy drive. as usual the overnight full closure has cleared up. we have a little construction now remaining between downtown and this coliseum site. and down through san leandro. neither area shows any real slowing. we have a smooth drive up toward the bay bridge. north bay, easy traffic. a little slowing 101 on 580 heading over toward that richmond/san rafael bridge. the orange end caters, overnight construction regularly scheduled.

new details coming to light this morning about the 13-year-old gilroy girl who found a gun and accidentally shot herself in the leg. the gun we understand belonged to her father who is a gilroy police officer. >> kris sanchez has been closely following that story. she joins us now. kris, the teenager in stable condition this morning. the family was fortunate the outcome wasn't worse. >> reporter: yes, let's start by emphasizing the fact that that 13-year-old girl is going to be okay though she did shoot herself in the leg with that weapon. now, gilroy police are asking questions. that girl and the folks who were at the home at the time. it was about 3:00 yesterd afternoon at that home when it happened. we should mention that though the gun belonged to an officer, according to the department spokesman, it was not a service weapon. as soon as police arrived they determined that there was no public safety risk. >> there are no suspects outstanding so the neighborhood is not in any danger, nobody

needs to be concerned about that. at this stage of the game we're still trying to piece together what led up to this event. >> reporter: we can tell you that the girl was not home alone at the time of that shooting. there was an adult inside and we are waiting to hear what that adult tells police. now, we can tell you that once the investigation is complete it will be forwarded to the santa clara county district attorney's office for possible charges. this is sadly the second time in nearly three years that gilroy police have had to investigate a fellow officer for the accidental shooting of a child. it was in july of 2012 you might remember that a san jose police officer who lives in gilroy left one of his backup weapons out as he slept after a shift and his 3-year-old son accidentally shot and killed himself. there were no charges filed in that case. in gilroy, kris sanchez, "today in the bay." accusations of abuse just now emerging involving a bay area church leader and young boys.

stockton police arrested jerry in richmond last week. accuse of sexually abusing three boys in the 1990s while he lived in the stockton area. most recentliay alums played muc for other churches. his facebook page says he works for the child services department for san joaquin county. bay area man accused of getting behind the wheel after a day of drinking and crashing into a mother and baby will be in court this morning. ♪ was blind but now i see >> last night family and friends gathered for a vigil at the scene of the crash in livermore. police say brian jones lost control of his corvette hitting and killing morales and her 14-month-old daughter julie saturday night. she come up from monterrey to celebrate her cousin's 19th birthday. >> i hope that haunts him

forever because it's going to haunt me forever. >> jones is scheduled to be arraigned on a number of charges including gross vehicular manslaughter. friends and family are going to honor the silicon valley executive who died suddenly over the weekend. the private memorial will take place at stanford for dave goldberg. confusing over where the accident happened. mexican officials reported that survey monkey ceo died at the four seasons but the four seasons released a statement saying that's not true. meantime, tributes for goldberg are pouring in. >> larger than life but he lived a great large life. it's just a tragedy that one of the very good people silicon valley this would happen to at such a young age. >> president obama also honoring goldberg saying that he embodied the definition of a real leader. someone who is always looking for ways to empower other people. goldberg's widow is facebook

executive sheryl sandberg. he supported her push for gender equality and goldberg was just 47 years old. it was the controversy that got national attention. this morning supporters of five morgan hill teenagers suspended for wearing american flag shirts to school on cinco de mayo will demonstrate outside the school. in 2010 four students wore shirts showing the american flag on cinco de mayo. school admed a on cinco de mayo. school admed administrators to them to turn the t-shirts inside out or go home the incident led to a lawsuit that went all of the way to the supreme court which turned down the case this year. at 4:36. more development and less parking near at&t park. fans might be a little skeptical about that. today the giants are rolling out a ballot initiative to turn a parking lot into a neighborhood. it's been in the work fof eight years. the giants and neighborhood reps are ready to take it to the voters. that project would transform

parking lot a behind the ballpark into a mixed use development with parks, affordable housing, and new jobs. the annual silicon valley gives fund-raisers under way. 24-hour online fund-raiser benefits hundreds of charities in the bay area. last year's event raised $8 million. they will be out today raising awareness about the event. bob ridell will be there as well with more details. >> he will not be the only one. christina loren is going to make her way out there to spotlight some of the great non-profit organizations. good morning. >> good morning. i'm going to be at the river mark safe way and, you know what, it is always going to be one of those events that we want to remember right here in the silicon valley. people are so generous. and today is going to be fantastic for that event. 51 draegrees in san jose. a lot will take place over the internet. 52 in san martin. 50 in livermore. you made it through monday. tuesday is looking fantastic. what a spectacular day

yesterday. same deal for today although not as much cloud cover out there. we do have a cloudy start. that will may way to bright sunshine later on this afternoon. temperatures just a touch below average. 62 degrees. on the peninsula, 61 degrees at lunchtime. as you get out there for lunch you probably still need your jacket but then take it off was we head throughout the second a of the day. 63 degrees. that's the high temperature for today on the east shore. 76 in the north bay. 73 degrees in the tri-valley. still we're going to take you through your evening forecast. maybe you're headed out and about for the cinco de mayo festivities. we will have details coming up. plus, pollen. oh, my goodness, it is creeping up. a lot of people are asking me about this on facebook and twitter. we will dive into when that will peak. right now, here's mike and your drive. >> cinco de mayo, pollen day as well, children's day as well in japan. the bridge between the east bay and the peninsula.

smooth flow of traffic at the top of your screen. just missing the flashing lights. there are crews on the move as is typical between 4:30 and 5:00 on that eastbound side. still down to one lane. looking over towards the hayward side where we have, i think, two or three lanes all look like they're open again. bottom of your screen, some flashing lights. crews are on the move in both directions. the map shows you a smooth drive. eastbound shows slowing as you head through the area. we're also looking over toward the altamont. we also had sounds like a stall was in the lanes heading over toward grant line road. this is not for most of your viewers but it will hold a little bit of traffic up and destruction as that burst releases as they clear that roadway. knot smooth pace toward the bay bridge toll plaza. in towards san francisco. live look at palo alto. moves smoothly between the south bay and the city. back to you. a task force targeting dui

drivers will be patrolling bay area streets today. looking for people celebrating cinco de mayo a little too hard. there's an app that canning a chully help you party safely. california office safety launched dd vip last year. let's users see which nearby bars offer rewards for designated drivers like discount or free nonalcoholic drinks. >> 4:40. silicon valley growing by leaps and bounds and today new records will be set. >> today by unofficial count silicon valley's population clocked past 3 million according to joint venture silicon valley. to mark that moment the group is hosting a forum to examine the growth challenges the region is facing. it was a fight of the century but the story goes far beyond boxing. >> it's all about piracy and twitter. finding itself in the very heart of this battle. a live look at the oracle arena this morning. it's been months since the warriors lost in that building.

will it be tonight? no, no. let's stay optimistic today. we're going to have a look ahead to today's big playoff game and the big win expected when we return.

video app users gaming the system are sparking a new fight

right now over the fight of the century. saturday night's floyd mayweather, manny pacquiao fight cost 100 bucks per person to order. some used streaming video apps like periscope and meerkat held up their phones to the tv. copyright attorneys say they should be preprepared for round one of a legal battle. the video companies should be okay. >> the maker of the tinechnolog whether that's sony in the case of vcr or periscope isn't going to be responsible unless they were encouraging people to use it in illegal ways. >> and periscope says it took action many of the live streams were shut down within minutes. others simply stopped streaming. one of the lingering questions to the fight of the century, will champ floyd mayweather make good on his vow to pay rap mogul shug knight's

bail. that's what he said if he won the fight. the attorney texted the l.a. times yesterday saying the issue is still far from resolved. knight's bail stands at $10 million. trendy restaurant changing its menu. you look like you had something to say there. >> no, go ahead. >> trendy menu changing ingredients in order to get a little bit healthier. >> i'm going to say we're going to turn to landon dowdy for more on that and news before the bell live at cnbc headquarters. good morning, landon. >> reporter: hey there, guys. good morning to you. futures point to a slightly lower open after stocks rose on monday. the dow posting the best two-day gain in a month thanksing to better than expected economic data. reports on services sector. the nasdaq adding 11 to 5616.

panera bread plans to cut 150 artificial ingredients by the end of next year. it's the latest move to respond to changing consumer tastes. panera will eliminate fat substitutes and preservatives used in everything from deodorant to e-cigarettes. they have 1900 restaurants in the u.s. and canada and the changes will apply to soups, sandwiches, and salad dressings. but artificial ingredients will remain in some items such as soft drinks. a new report by state highway officials. 23 states that more than $1 billion combined cleaning out the roads this winter. crews put in 8 million work hours plowing and treating roads from october until march using 6 million tons of salt and large amounts of brine solutions. the cost of salt and overtime pay. sam and laura, back over to you. another reason why i'm glad spring has sprung. >> are you notice that landon is wearing warrior blue? that dress.

>> perfect for today. >> very nice segue. thank you very much, landon. >> perfect for today. thank you. in fact, let's look at the oracle arena right now. tonight the warriors are looking to tame the memphis grizzlies in game two of the finals. >> all the fresh off of steph curry's mvp's announcement yesterday. emotions running high for steph curry and the team and fans. >> reporter: absolutely. good morning to you, sam and laura. i got to say it is a bit bizarre being here so early. it's so quiet. it's my first time being on the court. it is going to be excitement again for game two tonight against the memphis grizzlies. they've got strength in number t-shirts around the arena for the fans. it was 101-86 on sunday. they're hoping for a repeat tonight, of course. and as you mentioned the buzz especially greater. tonight after steph curry's mvp award he officially received it yesterday. curie becoming the first

warriors player to be named league mvp since the team moved here to the bay area in 1962. and he did become very emotional, especially when he thanked his father dell curie who played in the nba for 16 years. >> this is special. i'm really proud of, you know, what you were able to do in your career. and m i don't take that for granted at all. >> reporter: now, the warriors have won 21 straight games here at oracle. tonight's game that starts at 7:30 is the 127th consecutive soldout home game. this is the best of seven and heads to memphis after tonight for game three and four. a lot of incentive not just for people who love the team but if you come as one of the first 15,000 fans you get one of the cheer cards for steph curry as mvp in addition to the t-shirts and swaeat bands and all the god stuff. reporting live in the oracle arena, stephanie chuang, "today in the bay." >> it's going to be an exciting

night out there no doubt. how nice to see how emotional he got talking to the family. >> big stars, best player in the nba, most valuable player, don't have that kind of humility. you could tell that was part of his dna. looking forward to the forecast for today. let's check those temperatures. in fact right now with meteorologist christina loren. >> who can appreciate that story, underdog story. >> we love it. sometimes the struggle is what gets you to that win. 53 degrees in concord. 51 degrees in san jose. starting out the day at 48 degrees just lovely out there. a little chilly but lovely conditions again for today. so not too bad. i do want to talk about something that everybody is asking me about on facebook and twitter. that is our pollen levels. depending on which of these predominant offenders is making you upseted when it comes to your sal ji, really want to keep in mind that it's going to be high today, hi tomorrow, then it's going to peek on thursday.

finally getting some relief on friday and mother's day weekend. more on that forecast for mother's day in just moments. 67 degrees on the peninsula. today, 63 degrees on the east shore. that's cool enough for a jacket. just about all day long. you can ditch it for today and some of our microclimates like the north bay you will be at 76 degrees and 73 out in the tri-valley. temperatures look good. your weather headlines tell the story. we'll see that midday clearing today and wednesday. getting into your thursday, that's when it starts to get a little interesting around here. we're still expecting a few showers, especially thursday evening into the overnight hours. should subside by friday. we need that rain. it's going the help us out with our air quality, with the pollen levels and keep things nice and moist around here so we're not worried about the elevated fire levels not just yet. looking good for mother's day as well. i want to take you through the next five days. temperatures look really comfortable. no ac necessary. wednesday into thursday, low 70s for us here in the south bay.

mid 60s meanwhile in san francisco. the showers move in by friday. and then mother's day weekend, beautiful conditions. it should be lovely out there if you want to take mom to brunch. 74 degrees in the south bay. 76 degrees on mother's day. lovely conditions across the board. looking good. if you want to get outdoors but you know what, i think laura sid it before, mom just wants a homemade gift and a little bit of love. back to you two. >> some hugs and kisses. thanks a lot. trip the love. it's 4:51. state water regulators will take up unprecedented canconservatio measures to ban cities from drinking quality water on grass and street medians. homeowners would be strongly encouraged to let their lawns go brown. water regulators are asking some communities so cut back by 36%. critics say the restrictions are unrealistic. coming up next, sleeping disorder that may run in the family. >> you call it the morning

shift? no, looking over here towards fremont where these folks are already on their way to work. smooth drive here. we'll show you how things are across the bay.

good tuesday morning to you. looks like light traffic on s curve up in the north bay in san rafael. officially check the morning traffic report with mike. he's wide awake this morning. are you wandering around in your neighborhood asleep in your pjs? you might be able to blame your parents. we're talking about sleep walking. it certainly can be dangerous. news research shows kids whose parents are sleep walkers are 60% more likely to have the disorder. scientists say sleep terrors, another nighttime disorder, also appears to run in families. >> the first woman in that video had her eyes closed and she was shimmying from side to side. i learned a tidbit about sleep walking and whether or not some people like to sing and dance in their sleep. >> as a child, i did. i would get up and i would sing and dance as a kid. i was happy. >> future broadway star. mike? >> but now laura since and

dances completely wide awake in the middle of the newsroom. >> because i have you as my audience. >> exactly. we're there. we toss a coin in the hat when she puts it down. we should probably throw paper money. san mateo bridge, slow traffic. eastbound, taillights again. a couple sets of flashing light 'that led to slower sensors for a few minutes. as we look at the map the arrow points to the eastbound direction across the high rise. that was the last of the crews on that side. moving smoothly over the decline and hayward side. we should still see crews on the scene for half an hour or so. looking out to the maps and over all the bay looks nice. the south bay you have your typical overnight crews, especially 280/85. a lot of on and off rachs effected. north bay, no slowing off the carquinez bridge. smooth flow of traffic heading down the east shore freeway. still folks at the top of the

screen. one of the cash lanes is not yet each. at the bottom the parking lot because that's where folks park over there for doing their work. back to you. >> that's where you can get extra space around the bay area. >> just have to go out to the freeway. >> walk into the city. >> interesting to note that, mike. thank you very much because parking in the city as you know not always the easiest task to find an available spot. it could be getting worse though. now supporters of a new plan say the reward is worth the short-term pain. n brba's mvp is bringing two oak and. >> there is oracle arena. nice and brightly lit this morning. warriors hosting game two.

officer and a girl. what happened in gilroy that sent a teenager to the hospital. a promise to make the streets safer. how oakland's new mayor says she's going to add 40 new police officers.

the next couple days look fantastic across the bay area. then we have spotty showers as we get into your thursday. mother's day weekend looking okay. we're going to show you what we're expecting from mom and you this year in just moments. >> and a smooth flow of traffic as you would expect on the peninsula. we'll show you how things are shaping up in the south bay coming up. first though a live look outside this morning. downtown san jose. it is tuesday, may 5th. also known as cinco de mayo. this is "today in the bay." >> from nba bay area, this is "today in the bay." >> a good tuesday morning. thank you for joining us. i'm sam brock. >> i'm laura garcia-cannon. new details this morning about a sto shooting in the south bay after accidentally shooting herself in the leg. but more concerning, then what happened is how it happened. >> "today in the bay's" kris sanchez is live in gilroy to explain the sequence of events. good morning. >> good morning.