breaking news, people in the bay area shaken from their sleep overnight by a jolting earthquake. and fremont police this morning investigating a shooting involving its officers and a man with a knife. temperatures and humidity coming way down today. more on that and a look at the weekend coming up in the microclimate forecast. and i think we are going to have a better start than yesterday as far as those roads and the rails go. we're talking about some delays, though, right now for the bart system. >> announcer: from nbc bay area, this is "today in the bay." good morning and thanks for joining us. i'm kris sanchez in for laura garcia-cannon. >> and i'm sam brock. we begin this morning with breaking news. maybe you woke up in the middle of the night, is that what i think it was? yes, it it was. an early morning quake rattled some nerves, even though it was light in magnitude, people felt it all over the bay area. >> i thought my husband was nudging me awake, it was an

earthquake. "today in the bay" bob redell is live in fremont. you talked with folks who felt the shaking, you said you did not, though, because you have feet made of concrete. >> reporter: i do. i did not feel it at home in livermore. i was wide awake, getting ready, but a lot of people ft it in fremont, especially in the niles district because this is where the epicenter was. one man told us it was a good jolt, another woman who said she lived through a lot of quakes in california said it was a baby quake. this was a magnitude 4.0, struck at 2:41 this morning. there have been several aftershocks since, the most significant a 2.7 and 2.6 at 2:56 and 3:07 this morning. this is how our sighs no graph recorded it. you have the straight line and violence there, it looks dramatic but if you talk to seismologists they will tell you that magnitude 4.0 was a light quake. a lot of people who live in the

bay area recognize that. the reason why it's getting so much attention is because it was so widely felt. >> i just kind of felt all of the house shaking and then i it told my husband to wake up and he got up and he went through the house and his father-in-law was in the recliner, he fell out of had his recliner this way. everything around the table, all the chairs got moved and he just checked the kids after that and made sure his father was okay. >> what made your father-in-law fall out of the chair? just the surprise? >> he was reclined back. he is an older gentleman. >> is he okay? >> yeah, he's okay. he said, man, everything was moving after i fell. i didn't know it was pea. >> reporter: again, magnitude 4.0 on the hayward fault, thea the initial belief by seismologists. police in fremont did receive many phone calls, no reports of any damage. if you look at this photo that chp out of hayward treat tweeted out they did check all the major free ways am in union i city and fremont and they did check out. bart was doing track inspections

they were talking about 30, 15 minute delays but they have finished with those inspections and everything is running hormonal. reporting live in frooelt, bob redell, "today in the bay". to track the latest earthquakes in our area go to nbcbayarea.com. there you can find a realtime quake map if you just search quake maps. now a developing story. we are waiting to hear the condition of a man shot by fremont police. he is accused of chasing his roommates with a knife. this happened ond baffin avenue near new park mall this fremont. a woman called police saying that she and another woman were being chased by their roommates. when officers got there they say they were confronted by a man wielding a knife on the porch of the house. two officers then opened fire. >> i was sitting am this my bedroom and i heard three noises, three pops, i thought it was fireworks the at first, then i heard some cars speeding down the street. >> the man was taken to the hospital but this morning this there is no word on his condition. the women were not injured in

that incident. happening today, tragedy in san francisco and now the reverberations are being felt all the way in washington, d.c. this morning kate steinle's father will testify before senate lawmakers. >> and so will other families who have lost loved ones. some of the remarks today could act as a springboard for changes in immigration policy. "today in the bay" stephanie chuang joining us live in our san francisco newsroom with more on this aerg. >> reporter: this has no doubt become one of the biggest debates not just locally but nationally. it is not political for some people but a very eek nl issue. that is the case for the family of 32-year-old kate steinle, the pleasanton woman who had just moved to san francisco when she was shot and killed walking pier 14 with her father on july 1st. accused gunman mexican national juan francisco lopez-sanchez who had been deported five times before and has seven felony convictions was released from jail by the san francisco sheriff's department just months earlier despite an immigration hold request by immigration customs and enforcement.

the department said that would have violated san francisco's sanctuary city policy is. local immigration activists say lopez-sanchez represents a possible drug addict who might have mental health problems and is not representative of u.s. immigrants. >> we have to be very careful not to criminalize and stereotype an entire community on the horrible actions of one accused person. >> reporter: republican iowa senator chuck grassley requested this morning's hearing. he said it was disturbing that law enforcement agencies in 43 states declined more than 8,800 detainer requests during an eight-month period last night. 62% involved convicting of crimes that presented some public safety western concern. kate steinle's father is set to be fifth in line to speak to senators. live in our san francisco newsroom, stephanie chuang, "today in the bay." >> we will be covering that as well. now, the archdiocese of san francisco is asking leaders at all levels to work together. in a press research archbishop

cordileone said new policies should not punish all immigrants because of the poor decisions of a few. he said in part while it is important that we learn from this incident and work to prevent it from happening again, it is also important we recognize the vast majority of immigrants both those with and without papers are not a violent threat to society and so should fwh not be subject to guilt by association. he also offered condolences to steinle's family. more details on this morning's hearing on capitol hill. the judiciary committee expected to bring up the case of padia the former counselor arrested on child molestation charges back in may. investigators please he might have molested as many as 30 campers. he is a dreamer, meaning he got a u.s. work permit because he was brought into the country illegally as a child. today lawmakers are expected to grill homeland security officials on how they can better

track so is called dreamers. >> stay with nbc bay area for continuing coverage of this morning's hearing. just go to nbcbayarea.com or you can download our free app or connect with us on facebook and twitter. ten people are looking for a new place to stay after two duplexes burned overnight. the fire started just before midnight near the corner of york and al immediate at that streets in vallejo. when firefighters got there one was burning and another was threatened. they got those flames put out in about 20 minutes' time. the cause of the fire still under investigation. in oakland one person is dead after their car slammed into a funeral home. this happened just before 10:00 last night at fuchis hudson funeral home on telegraph and west p macarthur. from the video it appears the car likely crashed at a high rate of speed. there were many people in the area and they were obviously stunned by what they saw. police were on hand afterward to keep the crowd at a distance

from the crash. no other cars were involved. so far no information on the person who died. domestic violence on a scale a community had never seen before. now a solemn memorial last night for the victims of that mass killing in modesto. neighbors remembered the lives of two mothers and three children all killed in the same home last weekend. the prime suspect, martin martinez and one of the victims is his six month old daughter rachel. he's right side also accused of killing the baby's mother, dr. amanda cruz, her other child, six-year-old elizabeth ripley, his own mother and another five-year-old child. and there is a stunning twist in this already tragic case. martinez is also now facing a murder charge for the death of his girlfriend's two-year-old son. modesto police say christopher ripley died of a head injury last september. martinez was home alone with the boy when it happened. late last week police ruled the boy's death a homicide. the department insists it followed proper procedure by not

arresting martinez last week. the suspect's cousin is coming to his defense. >> every time he saw me he gave me a big hug, kiss on the cheek. he is the sweetest person ever. >> martinez was arrested coming out of a movie theater with his father sunday morning in san jose. he is currently locked up in the santa clara county jail. in the wake of a huge fire in southern california last week now emergency crews could find the ability to knock drones out of the sky if those drones are interfering with their ability to respond to public safety issues. last week that fire along interstate 15 in southern california drones were forcing cal fire crews to delay their air drops, they were scared of crashing into the drones. now two california lawmakers want emergency responders involved in firefighting, air, ambulance or search and rescue operations to be able to force the drones out of the sky and not be liable for any damage. >> we need to put a stop to it so we're going to give them the ability to take out a drone if

they are endangering people's lives. >> ideally faa would be able to dispatch an emergency signal for a specific gps location to where all drones would receive that information and ground themselves safely. >> drone advocates say that zapping a drone's circuits or shoots it out of the sky could be dangerous because the drone could describing a firefighter or innocent bystander as it falls. they warn it might even start another fire. we saw flames yesterday, likely because of the warm and dry conditions, meteorologist kari hall says it could improve today. >> it will improve today. absolutely. you will notice a big difference even as you walk out the door this morning. it's not so soupy, but temperatures are still mild, in the lower 60s across most of the bay and in the north bay it's 58 degrees under partly cloudy skies. as we head into the afternoon look at these highs today. we have 70s and 80s, not 80s and 90s all across the board. great news.

10 degrees cooler in the peninsula, 80 degrees today, south bay 83 degrees and the east bay topping out at 74. we will still see upper 80s in the tri-valley, it will be much dryer and that weather continues to get cooler as we go through the re of the week. we will check that out in a few minutes. right now let's get a look at the latest information on how the roads are flowing with mike. over here my friend allen is showing us his shot from the fremont bart station. trains are stopped but that system wide check that they did has completed and they have given an approval for trains to run at full speed, whole service back in for for the bart station. this is the fremont bart station. we are recovering system wide. back out to your maps. yesterday it wasn't so much of an issue for the bart, but it was 680 south down through pleasanton. all lane are clear, that's a smooth drive there as well as the rest of your bay so far. it looks like a stash that could have come from a military barracks or maybe a police department, but investigators say all of these guns and more

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see what spam can! do... at spam.com . california - to a massive stockpile of 5:14. a body led police in southern california to this massive stockpile of guns and a.m. mow. police found more than 1,200 guns, including handguns, shotguns, rifles all at a inappropriately in we los angeles. they also found about two tons

of ammunition. these pictures so he just a fraction of that find. prison were searching a home as part of an investigation into a man they found dead down the street on friday. the district attorney in texas investigating the jail cell death of this texas woman as a homicide. sandra bland's death was ruled earlier a suicide but her family was questioning that ruling. today the waller county sheriff's office will release dash cam video of bland's arrest during a traffic stop. bland's family say that the traffic stop became confrontational after the trooper asked bland to put out a cigarette. sonoma county already considering a pay hike for its workers. now one group is rallying today, saying, hey, don't leave us out of the mix. home care workers are rallying outside of the sonoma county board of supervisor's meeting, urging supervisors to include long-term caregivers in the proposed wage ordinance. they are considering a mandatory

$15 minimum wage. the word board is set to vote on that issue next month. workers at a bay area restaurant are staging a protest later today also demanding higher pay. a number of employees from my noodles will lead a march at the cable car turn around right at the height of the evening rush hour. employees of that restaurant have been locked in a bitter battle with management over higher wages for months. this part of a growing movement across the country with workers demanding a $15 minimum wage. a former cal bear is making history in the video game industry. >> all right. got you hooked there. for the rest of why you are news before the bell we turn to landon dowdy to joins us live at cnbc world headquarters. good morning. >> good morning. the markets look for more gains today after small advances on monday. pew tours are mixed with the dow likely weighed down by ibm's

disappointing earning report, the nasdaq closing at a record third straight session. we get results from verizon, apple, microsoft and yahoo. the dow rising to 18,100 the nasdaq up 8 to 3218. an on line retailer is setting its sites on amazon. jet.com launches today. its finder sold its previous company to amazon a few years ago. jet aims to viral amazon prime. it's offering a $50 membership, 10 to 15% discounts and extra savings when you combine multiple orders or use debit versus credit cards. electronic arts is breaking the virtual glass ceiling, it's popular fifa soccer game will feature a woman on the could cover for the first time. u.s. women's national team member and world cup winner alex who are began will share the honors are global soccer star messy. you can also play at one of 12

national teams for the first time, fifa 16 goes on sale in september. so much that the california native has accomplished at such a young age. >> that's right. go bears, right? ford is betting consumers will pay up for high end pickup trucks, launching a luxury version of the f-150 today that could cost well above $60,000. among the standard features, multi-contour massaging seats and last month nearly half of the f 150s sold were its three existing premium models. >> $60,000 for massaging in the pickup truck. you've got to be kidding me. before you buy that car consider this, picking the wrong color can cost you. while white cars might sound boring, new research shows that they are more likely to bring you more money at resale. kelly blue book also says black and silver cars tend to have better residual valueful you are

advised to stay away from oddball or fad colors like orange and brown. while car colors don't typically affect auto insurance rates, some suggest red cars pull more attention to traffic cops which could cost you. is there something else out there? uc berkeley and other institutions are getting $100 million to try to find out. that money coming from internet investor and russia well ner yuri milner. they have have access to some of the powerful telescopes on earth. astronomers say now is the time to find out if life exists beyond earth. >> the way to find it is to look and now we have the ability to look better than we have ever looked before. >> scientists will use an automated planet finder at the lick observatory to search for laser signals from other planets. all of this going on right this in our backyard. we know that the lick

observatory good spot to watch the weather, but, kari hall, you're watching it from here. >> yes e and it's so much nicer. as soon as you step out the door you can tell a huge difference from yesterday. and that will set the tone for the rest of the week. much cooler air, no more of that unbearable heat and humidity and, unfortunately, we're ton with any chance of rain in the forecast through the week. as you head out take a look at this beautiful view as we take a look from the peninsula and some typical low clouds this morning. sunrise coming up in about 44 minutes. and into the next couple of days we will have more of this cool weather, clouds will clear today by midmorning. about 6 degrees -- 6 to 12 degrees cooler than yesterday and the fog returns tonight, sunset at 8:28. days are getting shorter. 61 it degrees in hayward, 63 can degrees in livermore and in sunnyvale it's 63 degrees as well as concord, 81 degrees the

high school in sunnyvale and san mateo reaching 71 degrees. isn't this better than what we had yesterday in even in san francisco, 71 degrees, it's coming back to some more average temperatures for this time of year. napa today 85 degrees and oakland 74 degrees. the cooling trend starts and we will have some dryer air moving in, the tropical moisture moving well off to the east. we also get that nice ocean breeze to help cool down those temperatures. we started out the week in the lower 80s in san francisco. here is the rend for the rest of the week, the average temperature 66 degrees, we will start to feel that as we head into wednesday and thursday. i will have another look at the microclimate forecast coming up. mike gets you set for the record. get set for a little bit of a slower drive on the bay bridge. there was an earlier fender-bender, though it was minor and cleared quickly, anything going on in this span

tends to slow things down just as it starts to building. we are seeing this build already. there are slower sensors coming into the city. no problems yet at the t. but we should see the metering lights and the build in the next few minutes. oakland after work we do have a game so they will cause some slowing past the bart station, which we talked about bart delays earlier but those inspections have gone after the early morning quake, no problems, they are back at full speed around, recovering all around the bay. no delays for the roadways through the south bay. we've been talking about wage increases all morning long. one man wanted to make life better for his employees so a seattle ceo recently decided to pay all of his employees $70,000, do you remember that? but not everyone is happy with it. who is suing him next.

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peck. welcome back. a live look outside from the city this morning at 5:24. a little wind out there. you see that american flag flapping in the breeze. one ce o. 's recent decision to set a $70,000 minimum wage is sparking a legal battle pitting brother against brother. back in march ceo lucas price from seattle decided to give all 120 employees of seattle's gravity payments salaries of at least $70,000. the seattle times reports his brother dan filed suit days later. co-finder da dave price argued that his viets were violated. rice's attorney says the lawsuit is a culmination of these events not just the wage hike. it is possible that some of nasa's secret surface today when the agency offers an inside look at space travel. they will host their second annual forum at move get field.

nasa will provide updates on its current missions and discuss future space plans including perhaps one day travel to mars. the owner of a diner in maine is drawing national attention after yelling at a two-year-old child in her restaurant. the owner says that girl was crying in the restaurant and the parents weren't doing anything to stop it. she tried to get the parents to quiet the girl down or leave until finally the owner decided she had had enough. >> i just slammed my hands on the counter and told her it had to stop. >> i'm upset at this. this isn't a society that we have to be fearful of taking my daughter out in public. >> is that story is viral with the diner's facebook page getting praise and criticism for the owner's actions. the owner says she does not regret yelling at the girl and slamming down her hands. well, rethinking immigration policy in the wake of kate steinle's death, now her father

hoping to help make sweeping change next. people across the bay area are

woken up by a quake. breaking news, an early morning rumble, people across the bay area wake nd by a quake. and shots fired overnight in a fremont neighborhood, not a cuss told to violence. why police officers say they felt they had no choice but to pull the trigger. cooler air and lower humidity returns to the bay area, i will let you know how long that lasts coming up in the microclimate forecast. and i hope this wouldn't last so long, but we do have a slower drive westbound across the bay bridge. an earlier crash and i'm checking on lane status right now. that detail coming up. >> announcer: from nbc bay area, this is "today in the bay." and a good tuesday morning. i'm sam brock. >> and i'm kris sanchez in for laura garcia-cannon. breaking news, were you volted out the bed this morning?

an early morning quake shook the bay area but so far no major damage. >> lots of folk felt it, though, "today in the bay" bob redell joins us live from fremont where the ep a center of that quake took place. you have some reaction to those people who definitely felt it. >> reporter: especially in the niles district, this was consider the epicenter of that 4.0. the 7-eleven, we spoke to the overnight manager, he described it as two to three seconds of a very quick amount of shaking. briefly scared him. he got over it, of course, like every one in the area we've soaken with, but again, another reminder that have danger that lurks on the hayward fault where it magnitude 4.0 was centered. you can see what it looked like on a size mow graph. you have the straight line and that violent squiggly action. it looks like a lot, but if you talk to seismologists they say magnitude 4.0 is considered actually to be a light earthquake. there has been several after

shocks since, you had the 2.1, 2.710 to 15 minutes after that and 2.6 at 3:07. this is considered to be a light earthquake but it was so broadly felt throughout the bay area and especially here in fremont, that's why it's getting so much attention. >> it was a good one, but i'm old enough to have been through the big ones so it's kind of like a baby. >> i was lying in bed and thought it was the dog at first but it jostled me out, i jumped out of bed to make sure everything was okay, i was a couple of blocks away. pretty startling. it was no problem. >> reporter: we spoke to police here in fremont they said, yes, we got a lot of phone calls on this, but there have been no reports of think damage. we are showing you the chp hayward twitter feed and you can see that photo there, they did go out and check all the major highways in the area, union city, fremont, hayward. no reports of damage. bart did the same and everything is back on schedule with them as well. again, a 4.0 waking up a lot of

people in the bay area this morning who were trying to sleep for their tuesday morning, but of course got that early wake-up ca call. again, no reports of any damage. >> hopefully some of those folks went back to sleep before the newscast and woke up again. to track the latest on this earthquake and other earthquakes in our area head to nbcbayarea.com if you do a search for quake map you will find a realtime quake map. also new this this morning, kris, firefighters in oakland had to call for backup to help put out a fire overnight. this happening just after midnight on montclair avenue not far from park boulevard. 911 dispatchers said they got a lot of calls from neighbors as the fire grew. six people lived in that house and we talked to one woman who was asleep with her boyfriend when that fire woke them up. >> i said what is that? what's going on? he got up, opened the door and then there was all of a sudden flames and smoke coming in through the door from the living room to our bedroom. >> thankfully everyone got out

safely. crews were able to get the fire under control in less than an hour. no word, though, on how badly that home was damaged. will you new this morning two cars burned and now investigators are trying to figure out whether someone set them on fire on purpose. it happened in the parking lot of the monterey apartment complex on moore park avenue in san jose. one car completely destroyed, another seriously damaged. investigators say there are no obvious signs of what caused that fire, but we can tell you no one was hurt. happening today, kate steinle's father will testify before senate lawmakers after his daughter was tragically shot and killed on pier 14 in san francisco. >> and so many people wondering after this happened what would the impact be on federal policy. some of the remarks offered today could act as a springboard for changes in immigration policy. "today in the bay" stephanie chuang joining us live from our san francisco newsroom with much more. >> reporter: this morning at the senate hearing we're expecting to hear a lot about the

sanctuary city policy, not just hear in san francisco but across the country. a lot of politicians have blamed that for ma pier 14 shooting that killed 32 kerld catherine steinle of pleasanton who had been walking pier 14 with her father when she was shot july 1st. within an hour police arrested juan francisco lopez-sanchez, a mexican national with seven felony convictions who had been deported five times before. he was released from san francisco county jail after the sheriff's department ignored an immigration hold request by immigration customs and enforcement, a move the department said would violate san francisco's sanctuary city policy. gavin newsom acknowledges something has to be done to get local and federal agencies on the same page. >> i don't think it takes much to recognize that there is gaps here. >> reporter: republican iowa senator chuck grassley requested this morning's hearing. he has invited the head of

i.c.e. who are set to speak after kate steinle's father speaks. that is after some family including including an uncle of a 21-year-old arizona man tofs killed by an undocumented i'm grant, they are all set to speak at this hearing this morning. stephanie chuang, "today in the bay." the archdiocese of san francisco is asking leaders at all levels to work together. in in a press release archbishop cordileone said new policies should not punish all immigrants because of the decision is of a few. he said in part while it is important that we learn were this incident and work to prevent it from happening again, it is also important we recognize the vast majority of immigrants, both those with and without papers, are not a violent threat to society and so should not be subject to guilt by association. the archbishop also offered condolences to steinle's family. more details now on this morning's hearing on capitol hill, the judiciary committee

also expected to bring up the case of edgar covarrubias-padilla, the former counselor from walden west camp in cupertino was arrested on child molestation charges back in may, investigators believe he might have molested more than 30 campers, edgar covarrubias-padilla is a dreamer, meaning he got a work permit because he was brought into this country illegally as a child. lawmakers are expected to grill homeland security officials on how they can better track so-called dreamers. stay with nbc bay area for continuing coverage of this morning's hearing. just go to nbcbayarea.com or download our free app. you can also connect with us on facebook and twitter. now to a bizarre death in the east bay. this started when a suspect ran away during a traffic stop. oakland police found him wedged between two buildings on 64th avenue near green leaf elementary school. 6 foot, 190 pound man squeezed his way into an 11 inch space and wasn't breathing.

officers pulled him out and he was rushed to the hospital where he was later pronounced dead. police have not revealed his identity. another bay area city is inching closer to equipping its police officers with body cameras. last month alameda city counselors decided to purchase cameras for its police force but they are not wearing them yet. tonight the council will discuss the proposed policies including when the cameras should be turned on and how long that data should be stored. san jose officers began field testing their body cameras yesterday. top leaders from the bay area representing california at the vatican, san francisco may nor he had lee, mayor liccardo and jerry brown all attending a conference on modern slavery and had climate change. urban inequality and social inclusion are going to be some of the big topic, a big issue for the bay area as more low and middle income families are struggling to afford housing. we have some relief coming

from the weather department. kari hall into good morning. i have the ac all the way up yesterday and the good news is that you don't have to turn it on today. maybe just open the windows and let in a nice little cool breeze. as you head out this morning this is what you need to know, the typical low clouds are back this morning, sunrise coming up at 6:04. and clouds clear by midmorning. what we typically see he, it will be 6 to 12 did degrees cooler than it was yesterday and the fog returns tonight along the bay with sunset at 8:28. now as you walk out the door it's 61 degrees in hayward, san francisco 60 degrees and napa at 56 degrees, highs today in the 80s and 70s as well across most of the bay. embarcadero 69 degrees, palo alto 80 degrees. san rafael also 80 degrees, fremont 81 and livermore expect a high of 87 degrees, temperatures continue to come down as we go through the rest of the week. i will show you that coming up in less than ten minutes.

right now let's check in for traffic. we have better news although it doesn't look better. westbound 80, this is the bay bridge, oakland to san francisco direction your commute is moving a little bit better now that they've picked up or just about picked up that construction. there was construction blocking two lanes, it caused a big backup. as we look at your map you will have the backup there as well, you will have your metering lights, metering traffic across the span maybe a little slower so maybe more slowing across the maze and east shore freeway. the rest of your bay looking good. at castro y a fender-bender. the lights are moving smoothly 101 in san jose. we will send it back to you guys. he won't say that he is sorry, he's not easing up. donald trump's controversial comments about john mccain are dominating the race for the white house. "today in the bay" tracie potts is going to join us live from washington, d.c. next. but first a look outside

right now, a live look that is, at fremont, the location of a 4.0 earthquake overnight. what impact it could have on bart. that when we return with 15 minutes of nonstop news, traffic and weather after the break.

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the 2015 cadillac srx. lease this from around $339 per month, or purchase with 0% apr financing. ohio is about to get a candidate welcome back. how about a little presidential politics now. the important swing state of ohio is about to get a candidate for president. ohio governor john kasich is going to announce he is running for the rooe nomination later today. at that will make him the 16th major republican candidate in the race. kasich has already visited several key states including iowa, new hampshire and south carolina. he plans to announce his campaign during an event at ohio state university in columbus. as another republican joins the race, donald trump is hitting the road. he is throwing a big kickoff party in south carolina, but he is still not apologizing for those comments about senator john mccain. >> "today in the bay" tracie

potts joins us live from washington, d.c. this morning with the latest. this going to effect him in the polls, tracie? >> reporter: well, not to far but there is a catch to that and we will show you that in just a moment. i can tell you that he has said he won't apologize, he hasn't apologized, but we are hearing a bit of a softer tone from donald trump now when it comes to john mccain. donald trump said he would not apologize for questioning whether former pow senator john mccain is a war hero, but overnight, this. >> certainly if there was a misunderstanding i would totally take that back, but hopefully i said it correctly. >> reporter: mccain was muscle on the issue in new york. another republican candidate defended him. >> swrm and everybody like him is an american hero. >> reporter: president obama speaks to a huge veterans convention later this morning. they are not too happy about what trump said. >> he doesn't have the right to

say that. he has never worn the uniform or served with any of us. >> it's donald trump. if anybody has ever watched one second of celebrity apprentice it's what he does. he's inflammatory to a fault. >> trump still on top. he is at 24% support in the new "washington post" abc poll, almost twice as much as wisconsin governor scott walker. now, about that poll. most of it was conducted before he made those comments about john mccain, but for the portion that was not, there was some significant slippage in if donald trump's support. so we will really have to wait and see what the next poll shows that was completely done after he made those comments. >> i'm interested also to see, tracie, whether or not there's fallout for the republicans not going after donald trump for his comments. >> reporter: it's a really good point because we have heard some talk about that here in washington, why some have been slow to criticize donald trump or weaker than others in their criticism, although this

situation with john mccain brought people out much faster than we saw when he talked about immigration. >> thank you, tracie. a new twist on the investigation into last week's deadly shootings at two military facilities in chattanooga. investigators say there could be a new connection to the gunman. as the agents approached mohammad abdulazeez's apartment a 15-year-old appeared to be pointing a rifle at them. facebook agents say they ordered the teen to drop a weapon and he eventually complied. they then discovered another weapon in his pants. it turned out to be an air soft pistol and air soft rifle. what's in a symbol or in a i'm for that matter. civil rights leaders calling on a southern california school district to change the name of an elementary school currently called robert e. lee elementary school in long beach which was named after the general. they sent a petition asking for the school's fame to be changed.

that comes after south carolina lawmakers voted to remove the confederate flag from the state's capital. parents in long beach had mixed feelings. >> it's a my fort school, different races i think it's great they change the school in a i'm? in the long run it would be nice if they changed it but to me it is nor an urgent issue. >> because it's it in the list, it's history. >> it's in the past and history. >> it should be noted there has been a nationwide push to remove confederate is symbols after that deadly shooting. bill cosby's decades old testimony could do more to damage his manual it could be used against him in court. if a judge could be persuaded to rule the testimony admissible it could be used in other cases. dozens of women have accused cosby of drugging and sexually assaulting them. cosby has never, though, been charged with a crime. a judge recently unsealed cosby's testimony from a civil case nearly ten years ago this in which he admitted that he

gave powerful sedatives to women he wanted to have sex with. if you survived a shark attack you would probably want to decompress a little bit, too. that's what three time world surfing champion mick fanning is doing right now. he turned to his home in australia today before surviving a terrifying shark attack off the coast of south africa on sunday. all of it caught on camera. you can't see this enough times. if somehow you missed it,th safe to say it's pretty scary and likely it involved a great white shark that was biting on his leg rope. panning says he is fine physically but is going to take time to recover from the emotional trauma. >> to not have a scratch on me or can -- yeah, just more of an emotional, mental sort of trauma right now. it will probably take, i don't know, a couple weeks. i don't know how long it's going to take. >> fanning calls it simply a moment of fight or flight.

imagine the adrenaline that would be kicking in at that moment. he is also paying tribute to the surfer he was competing against who rushed to help him rather than paddle to safety. risking his life to try to save m fanning. >> same said you condition see it that much time. kari's face says you can. >> it's terrifying to see that. swimming in the water and see this fin and he disappears. it's chilling. >> this weather is chilling, too. >> finally. >> in a good way because the weather will be much cooler than yesterday. i know everyone was complaining where he had. i was out at the grocery store, all the people were talking about it. now we can put that on the back burner as our weather returns to something a little bit more comfortable as we take a look outside right now, all across the bay, in the upper 50s to lower 60s and now that seven-day forecast is coming up at the bottom to of the screen and it

looks much better than it did yesterday as we start out with some of those temperatures in the 60s this morning, it gets up into the 70s and 80s this afternoon. 80 degrees in the peninsula and 83 degrees in the south bay. we also have the fog, it's back, and we see most of that fog along the bay, lower visibility, the darker shades of gray show where you may encounter a few problems as you head out the door not morning commutes. the cooling starts today as we get the nice ocean breeze coming in, much dryer air, that tropical moisture from the remnants of dolores is moving well off to the east. so is the ocean breeze is back and stays with us all throughout the week and brings those temperatures back town to some normal weather. we should be at 83 degrees in the south bay, it was 90 to start out the week and we may even trend below normal by the end of the week. let's look ahead to the weekend, it will be nice and warm all across the bay and no major changes headed our way. by friday we see highs in the south bay reaching 81 degrees,

on sunday 80 degrees, and san francisco in the upper 60s to lower 70s. how is traffic flowing? we're going back to the bay bridge where we have a better flow of traffic on the span itself but in this smoother flowing incline i did see about four vehicles with flashing lights making their way over towards the treasure island tunnel. as we look at your map that caused a big backup, they had two lanes closed heading westbound across the span. the last of those crews is have cleared but still not cleared from the report. the backup causing a backup into the maze and east shore freeway. a nice easy drive, we have a live look at dublin where there is no major problems. an ease why err drive for the tri-valley than yesterday. this morning jurors will start over deliberations in the case of a burdened north bay police officer. this is not the first time that they have started. the jury is deliberating the case of henry albert smith, jr.

who is accused of killing vallejo police officer jim capu. yesterday the judge dismissed a juror for what's being described as bias against police. three other jurors were removed from the trial for various reasons, including medical issues. there are no morality nats, meaning that if any more jurors are dismissed it could lead to a mistrial. watch your laptop. police on the peninsula looking for thief all caught on camera. these men walked to a coffee shot.counter, asked about food prices and walked away with pricey technology. each of the men ran up to someone with a laptop, grabbed it and ran off. this happened at a downtown san mateo coffee shop on third avenue. those suspects were last seen driving off in a dark colored four-door sedan. our investigative unit exclusive. thousands of critical medical mistake that could be prevented. experts say every year those mistakes during and after surgery kill more than 100,000

americans. this morning our investigative unit takes a closer look at the unprecedented medicare data p published by a nonprofit news organization pro publ can a and here is senior regt testify reporter steven stock with that. >> good morning. for the first time using federal medicare data you can now get an idea of how many surgeries doctors have done and how many complications those doctors have had over a course of a five-year period. experts from harvard and johns hopkins medicine have advised pro publ can a on this at that time at that analysis. the data looks at the results of eight common electric surgeries on medicare patients over five years, surgeries such as knee and hip replacements, gallbladder removals just to name a few. we spoke with dr. steven howe a knee sfwon in sack recommend toe who scored in the top 3% of safe surgeons in northern california. it also allows patients to see

statistically which of these eight procedures carry higher risk at least historically among medicare patients. for example, at least among medicare patients cervical neck spinal fusion was statistically the least risky procedure of the eight studied here. you can find the full database linked on our website. just go to nbcbayarea.com and click on investigations. i'm steven stock. back to you. if you have a tip for our investigative unit give us a call at 888-996-tips or e-mail the unit at nbcbayarea.com. silence. court is in order. or how about yardwork is in order? the city of sonoma is reportedly getting close to silencing some of the noisiest leaf blowers. the press democrat reports three council members threw their support behind a full ban on all gas powered leaf blowers. the ban would not extend to businesses or city parks. at the same time, electric blowers would only be allowed in

certain neighborhoods and only for limited hours each day. sonoma's mayor says he still opposes a ban and he calls this proposal, quote, unnecessary. workers in los angeles county could be getting a pay raise. the board of supervisors there expected to move forward with a proposal to raise the minimum wage to, listen to this, $15 an hour for some workers. the board of supervisors expected to direct county lawyers to draft the proposal which would slowly raise the hourly wage to $15 by the year 2020. the board will also take a final vote on that proposal later this year. another spall north bay city is grappling with the idea of rent control trying to slow down soaring housing costs. the press democrat reporting that hills burring council members heard from rent control advocates who say skyrocketing rents are forcing many people who move. the hearing was apparently packed and went late into the night, but no decisions were made about putting a cap on rent hikes. did you know that whoopi

goldberg was a bay area homeowner is this apparently she was, but her house reportedly just sold. the website curbed reports from goldberg sold her home near the downtown berkeley bart station. she apparently owned it ever since 1985. it went for just more than $2 million, about seven times the price she paid for it back in the mid '80s. curbed insiders think the home's star status may have helped to up the sale price, never mind just bay area prices in general. >> talking about housing prices getting out of control, i don't think she needed the extra do you dough, though. >> things are cooling off. here is meteorologist kari hall. >> cooler and dryer. no more of that unbearable humidity. this had morning you can feel the difference, it is -- we are back to the low clouds, it's in the lower 60s, upper 50s in the north bay. heading into the afternoon this

is what you can expect, 83 degrees in the south bay, east bay 74, san francisco 71 and in the tri-valley expect highs around 87 degrees. we still have problems on the bay bridge, mike? we do. slower driving. we will start with the south bay, this also was an issue, slower northbound 101 and southbound 101 reports of a little dog running around, couldn't see it in this camera shot. both of these issues slowing northbound and southbound toward tuly, maybe a dog running around and maybe a traffic break to clear that dog safely to the shoulder. there's the south bay, there's the rest of your bay, slow build for hayward and the bay bridge recovering after the earlier road work was late picking up. there's a slower drive and a build coming in through the maze. we sh should see things start to smooth out a bit, but probably just go to build for. over at the golden gate bridge no major issues. back to you guys. no clouds blocking this view, a view tall take your breath away.

this is the first single picture of earth in more than 40 years. hard as that might be to believe. a satellite camera captured the photo a million miles away. most of the earth pictures you have actually seen are really multiple images all stitched together as one. astronauts on apollo 17 took the last single image of the face of the earth in fullback in 1972. a stunning twist in an already tragic case. what we are learning about the suspect accused of killing several children, including his own in modesto. the earth in fullback in 1972.

the drought is affecting all of us. at pg&e we've definitely put a focus on helping our agricultural customers through the drought. when they do an energy efficiency project

and save that money they feel it right in their pocket book. it's exciting to help a customer with an energy efficiency project because not only are they saving energy but they are saving water. we have a lot of projects at pg&e that can help them with that and that's extremely important while we're in a drought. it's a win for the customer and it's a win for california. together, we're building a better california. - as an overnight raph activated breaking news right now at 6:00, were you shaken awake? our seismograph activated as an overnight earthquake rattles the bay area. and a man shot by fremont police, why officers say they had no choice but to open fire. and the case of a bay area woman shot to death, now in the

national spotlight once again. why the father of kate steinle is in washington, d.c. this morning. >> announcer: from nbc bay area, this is "today in the bay.." thank you for joining us. i'm sam brock. >> and i'm kris sanchez in for laura garcia-cannon. an update to that breaking news. did you feel it? many people in the bay area waking up a little on edge this morning after an overnight quake truck near fremont. >> "today in the bay" bob redell joins us live in the niles district of fremont this morning. bob, it was just a 4.0 technically a light earthquake, but of it enough to jolt one guy out of his recliner. good morning. >> reporter: people we've spoke with said it lasted around two to three seconds. we've caught a lot of people at the 7-eleven because this is in the niles district of fremont, the epicenter, one man said a good jostel, another woman who has been in california all her life said it was more like a