breezy wind and the north bay, topping out at 83. i'll talk more about what to expect today and heading into the holiday weekend coming up. let's see how the roads are moving with mike. >> surprise! the bay bridge toll plaza back up. it's not a surprise, metering lights on as well. toward the map, we'll show you, a smooth drive on the approach coming off of the east shore freeway. maze slows as you're approaching for 580 and 24. looking towards south 880, build towards hayward and build for pleasanton and sunol, build, typical pattern. south bay, northbound route starting to sort themselves out for the commute. 101 slows at 680 and 87 slows coming into downtown. back to you. thank you, mike. 6:00. was it excessive force. three deputies searched with search warrants in connection of a death of an inmate. >> damian trujillo first broke this story last week. sources say he had injuries

consistent with a physical beating. >> reporter: yeah. we should clarify they're not sheriff deputies, jail guards, if you will, under investigation. this has turned into a criminal investigation here at main jail according to our sources. we obtained a court document yesterday and lists an inmate named michael tyree. sources tell us tyree was badly beaten in his jail cell. several sources tell our investigative unit tyree had lacerations to his liver and spleen. the coroner yet to release the autopsy report. as we reported on friday, the sheriff puts three correctional deputies on administrative leave after the incident. tyree was waiting to be transferred to a bed at momentum crisis residential treatment center. he had earlier appeared before a mental health court judge but sources tell us some argument ensued inside his jail cell after midnight. for the last four days, sheriff's office has only said guards found tyree unresponsive

in that cell. >> deputies were going around doing welfare checks as normal, noticed a person was not responding to them knocking on the door. they rendered aid. fire and paramedics were called. >> reporter: and those paramedics are ones who declared tyree dead in his jail cell. our investigate inunit contacted tyree's sister out of state. the sister was not ready to speak public about what happened to her brother. one of the deputies has complaints against him for excessive use of force. damian trujillo, "today in the bay." >> thank you. of course we'll stay on top of this developing story throughout the morning. for more coverage, head to our website nbc bay.com or download our free nbc bay area app. all eyes on wall street this morning, after the dow finished trading yesterday down almost 500 points. but scott mcgrew, things could

rebound in 30 minutes. >> good morning. a bit of good news about american productivity and that does push the futures higher. you mentioned yesterday the dow falling almost 500 points, 469. now the best measure of the market isn't the dow, it the s&p 500. but that was lousy, too, down 3%. nasdaq down 3%. big important jobs number on friday. september always terrible, sam and laura, for stocks but this is the worst start in 13 years. we're having a rough day of it. >> no kidding. thanks a lot. 6:03. new this morning, the west oakland b.a.r.t. station up and running at this hour. it was closed for more than three hours overnight after a man reportedly shot himself while trying to get a gun out of his waistband during confrontation with officers. video taken by a witness showing the suspect right after he apparently shot himself on accident. investigators say he was smoking on the platform, which is against the law. b.a.r.t. officers approached him

and he reportedly threatened to jump on the tracks, then reached for a gun in his waistband the officers tased him. they say while he was struggling to get the gun out he accidentally shot himself into the stomach. he's in critical condition. >> a hot button issue nationally and that includes here in the bay area. trains carrying thousands of gallons of highly flammable crude oil moving right past schools. the question, is it safe? "today in the bay's" chuck coppola live in emeryville for us. new report details potential dangers. >> reporter: that's right. good morning, sam. right now about 50,000 school children attend classes in the bay area within a mile of oil trains rolling past their schools. the center for biological diversity in oakland says that's too many, too close. that distance, one mile, is within the evacuation zone in a number of oil train explosions, such as one in west virginia two years ago. a number of schoolchildren close to oil trains in the bay area

could reach 200,000 under a proposed oil train route. there's concern not only proximity but the type of oil that may be transported. >> one is from north dakota which has proven to be one of the most volatile types of crude, highly explosive and that's in northern california in the bay area, that's been the primary type of crude that we've seen. >> reporter: association of american railroads counters saying, it's spending $30 billion on what it calls top to bottom operational reviews, implementing lower speeds, increasing track inspections and use of track-side safety technology and stepping up outreach training for first responders in communities. this issue is far from resolved. live in emeryville, chuck coppola "today in the bay." >> thank you. 6:05. explosive, new video raising even more questions about delayed construction at a south bay hospital.

it was quick there, but there was a man working on a steam pipe the moment that pipe explodes. now santa clara county says this video is another reason why it wants to fire turner construction from the project at valley medical center. "today in the bay's" joins us now. this is the latest twist in the story. >> just as the time ticks for that man to get out of that steam pipe and he does survive, by the way, the clock is ticking on turner construction's contract with the county. that part of the story we broke earlier this week but now this video is fueling the debate. >> you described that video which we see santa clara county says the pops and cracks in the pop line while the worker was inside are not normal. the loud explosion comes after steam erupts through the underground vault. the worker, again, did survive

the incident which happened last year but the county may fire turner construction over safety concerns and project delay. >> in this case, there was an instruction to the employees that said, you might hear popping and cracking sounds and that's normal. >> on monday turner construction toured the site to balk about the delays. a delay later provided payroll documents indicating that the incident wasn't serious enough to keep that worker off the job. turner contends the county released the video now, a year later, as a publicity stunt to distract from its own mishandling of the project. turner has until friday to convince the county not to fire it from that $300 million hospital project. we are still combing through the osha website to see if it investigated this incident and see if the company was punished in any way because of it.

>> failed our sister, at this point. nobody has taken responsibility, accountable, and nothing has changed. >> sadness turns to anger for the family of kate steinle. two months ago the 32-year-old was shot and killed on pier 14. an undocumented immigrant is the prime suspect. yesterday steinle's family filed a claim against the san francisco sheriff, federal immigration officials and bureau of land management. they say each agency is responsible for steinle's death beginning with the release of the suspect. >> we're here for every citizen in this country, every citizen that comes to san francisco, and to brad's point if you think this can't happen to you, think again. >> it's steinle's family shining a light on a problem facing police agencies,

department-issued guns stolen. the gun used to kill kate steinle stolen from a member of law enforcement. family's attorney says bureau of land management ranger broke the rules when he left his loaded gun in a backpack in plain sight in his car before it was taken. that theft one of three incidents this summer when a local law enforcement officer's gun was stolenen someone took a hayward's gun from oakland and chief of police from berkeley had her gun stolen in richmond. the family's father says this is a dangerous trend. >> no protocol. do they not care or are we out of control here? i think it's a little bit of everything. >> experts saying now is the time for departments to review storage policy and strengthen them. 6:09. time to review our forecast for the day. looks luke a nice one ahead. check that microclimate forecast with meteorologist kari hall. >> good morning. the clouds are back, especially along the coast and that will keep our temperatures down today, also getting a push of

cooler air to knock things down a few more degrees interest yesterday. and san jose expect a high of 79 degrees. also in san mateo and at the marina 65. 74. napa 74. san ramon at 80 today. comfortable today and the next few days. but starting to heat up as we head into the holiday weekend. i'll show you those numbers coming up in a few minutes. let's see how the commute is moving with mike. >> following a report of a chicken running around in lane 3 at bay bridge toll plaza. this is lane 3. i don't see any problem here. from the emeryville camera, none as well traffic is moving predictably at the toll plaza. the chicken probably crossed the road, thought the other lane was moving faster. the maze no problem. east shore freeway a build through berkeley. pretty light right now around the bay. slowing for highway 4 into concord out of the antioch area. no problems towards the dublin

interchange. the map down, south bay, starting to slow down, eking down with the speeds once again, live shot shows you northbound 101 north of 680. this slowdown will stick around and build for the morning. back to you. >> interesting. 6:11. paying more for pg&e. why you could see your utility bill possibly jump. >> a bay area man makes an unlikely trip 70 years after the end of world war ii.

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pg&e wants you to pay more. the ute tilt is looking to collect an extra $2.7 billion from its customer base over the course of three years, starting in 2017. that money would be use ford technology upgrades and improved disaster response. regulators have to approve the increase. if they do, your bill could go up four bucks a month starting in 2017. 6:14. tonight the proposed minimum wage wage hike, city's considericonside considericonsider raising the minimum wage to $125. mountain view's currently is $9. tonight's meeting starts at 6:30 at mountain view senior center. it is not just start-ups,

one established tech company's dropping an anchor in the south bay bringing hundreds of jobs with it. a private customer service company started in las vegas, now has an office in san diego. today opening a new call center in san jose. 350 people expected to be hired. city leaders are going to attend the ribbon cutting ceremony? u.s. taxpayers have to pay a hefty price on the hack attack. the government announced it's paying more than $133 million to provide i.d. protection for millions of military and government employees and that's not all. the obama administration will also spend just as much to provide protection services to millions of other people whose information was stolen. the government will be mailing out notices to those impacted by the breach later this month. san francisco judge says a lawsuit against uber now can be

expanded into class action. >> that means the suit is open to many more drivers. scott mcgrew, a big blow to the economy. >> the 1099 workers, the suit could give them courage to go forward with their own. people with food delivery services, parking apps, other ride-saring apps, but lyft faces its own suit. the judge ruled the lawsuit against uber can be expanded. now the big question here, and the one that still needs to be decided by a jury, is whether uber drivers are contract workers or are they employees. in his decision, chen said the class will be open to all uber black, uber x, ush suv drivers who have driven for uber in the state of california. though judge chen made one exception, that is people who signed up in a later contract agreed to arbitration. at this point, it's not clear

how many people qualify for this lawsuit. the plaintiffs say it's like 110,000. uber says it's a fraction of that. this case has a lot of similarities to a recent case where some fedex drivers said they were not contract workers. they should be considered employees and they won. the judge in that case is the same judge in this case. turning to the markets, the dow had its worst start in september since 2002. not a good measure of the market. s&p 500 down 3%. big jobs number friday. preview of the number, not encouraging. we'll have the latest for you as the markets open. >> need good news when it comes to the markets. >> we do. that was a rough, rough tuesday. >> thanks a lot. 6:17. 70 years later still understandable emotional wounds april bay area man took a trip

to japan. >> mark hinkins of walnut creek says his grandfather, george, killed when a kamikaze pilot flew right into him. both died. last month japanese media covered the story as part of cov ang of the 70th anniversary of world war ii. the brother of the pilot is still alive. two agreed to meet and last week the hinkins traveled to japan. >> regardless of which side of the war they were on, those two men, they sacrificed their lives to defend their countries. >> hinkins says two families shared stories, photos, and the pain that both generations felt. it was the most emotional day of his life. now they can move on. >> i can't imagine the gentlemen who died what they would have thought of that happening so many years later.

>> a nice way to move on. >> the pearl harbor in hawaii, both sides meeting as people, not as sides of the war. >> exactly. many years have passed. >> especially now, given how much tension is in the world. nice to see something like that. no tension as far as forecast. >> smooth one. >> comfortable. nice cool breeze throughout the afternoon. we do start with morning clouds. something we haven't seen much of the past couple of days. live look at bay bridge. you can see that as we get started this morning, not a lot going on weather-wise. we'll start to see clouds getting lower and lower near the bay. over the next couple of hours with our temperatures in the upper 50s to lower 60s. today's highs will be a little bit cooler than yesterday. it is going to be nice. san francisco, 70 degrees, 74 in the east bay. and the tri-valley coming down from those upper 80s to 85 today and the north bay expecting a high of 83 degrees. going hour by hour, we see that

in san francisco at 9:00, 65 degrees. and briefly hitting 70 degrees before coming back down into the 60s. some peak of sunshine and clouds moving back in. onshore flow continues. a push of cooler temperatures right now. into the day winds picking up from the west at 15 to 20 miles an hour. overall, a nice breeze this evening that will feel gusty later on. and here's what's happening, there are cooler temperatures move onshore and the next couple of days below average, a welcome change. this weekend going back up, of course. up and down with temperatures and first -- we can say this will be the last weekend of summer, unofficially for a lot of people that are heading back to school and celebrating with some warm weather. it will be in the 90s for labor day and 90 degrees in south bay as well as 92 degrees in the

tri-valley. get ready for a warm-up there and into next week. let's see how the commute is moving with mike. >> you, laura, sam, scott, everybody wondering about the chick be reported at bay bridge toll plaza. the report has cleared from the blotter and no follow-up, no chicken hit. that's good news. i don't know why the chicken was there. there's not a ranch but a backup and a parking lot, that's what we're reporting now. the east shore freeway moves smoothly. look at your map, a nice drive, continued build. slowing through berkeley, very mild for wednesday. considering yesterday's big commute around the bay, expecting more slowing. later, 7:00 to 9:00, the worst of it for the east bay. bleeding towards 10:00, 10:30, south bay which shows that slowing from northbound 101 here. hayward, 880 smoothly. the san mateo and dumbarton bridge westbound. that bill is on. speeds are starting to drop. next, have you seen it? the unusual reason why the

helicopter is buzzing over the bay area this week.

tngsre eatt gtoncano...sgre - ga 6:24. scenes are set to be great at

graton casino. a griiant expansion set to kick off. breaking ground on $175 million expansion. the las vegas review journal says it will be a new 200-room hotel tower. graton casino opens less than two years ago. heads up, all this week low-flying helicopter is buzzing around the bay area. chopper is keeping track of radiation in the air for a federal research program. the survey was last taken three years ago. the chopper flew over san francisco yesterday. pacific and and berkeley also on the list for today. 6:25. tough new ban on wood burning fireplaces coming next month. so soed, air quality leaders are meeting to help find money for homeowners to make the switch. they could approve $300 million incentive fund to help people replace wood-burning fireplaces and heaters. next month the group will

tighten laws for homeowners and landlords. banning wood-burning fireplaces in new homes and rentals and requiring them to be replaced during fireplace remodels. a word of advice for neighbors in the south bay. get ready to close your win des tonight. at 11:00, santa clara control fogging for mosquitos in the highlighted areas of the neighborhoods on the. map all in an effort to contain trace of west nile virus. areas of san jose, mountain view, and los altos will be part of the fogging. a fly in the ointment on wall street. what's happened last couple of weeks? opening bell minutes away. which way will the numbers go today? colle check in with scott mcgrew. >> a pivotal day in court for the man accused of kidnapping and killing sierra lamar. you should shop at grocery outlet first,

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very good wednesday morning to you. thanks for joining us. i'm laura garcia-cannon. >> i'm sam brock. tracking the weather, the roads. start with meteorologist kari hall and your microclimate forecast. cool and pleasant? >> very nice day. as we start out with, more clouds this morning than we've seen recently especially along the coast. a cooler day at 63 degrees in san francisco and the east bay. and the north bay's at 59 degrees. here's our highs today. 70 degrees in san francisco.

74 in the east bay. and the peninsula topping out at 76. we're in the low 80s in the north bay as well as tri-valley. and the south bay, 79 degrees. let's see how the roads are moving with mike. >> san jose, starting in earnest at 6:30, the morning commute is on. north 101 at 680, 280 map shows you the same thing. that's where our live cameras sees traffic building. 87, 85, 280 starting to show increased volume. there's san jose pushing up towards silicon valley. slowing for 880 and 680 through the tri-valley. and the east bay, down in toward fremont, freeways, no surprises. and also we have the bay bridge, metering lights are on, the build at the toll plaza because of the metering lights are on but nothing big beyond that. east shore freeway shows slowing and the san mateo bridge. live look, west 92, both of those situations slowing because of that volume of traffic. no major incidents and that's a

great commute developing. back to you. >> also developing now, once excessive force, three correctional deputies served with search warrants in connect with a death of an inmate. >> damian trujillo first broke this last week. injuries consistent with a physical beating. search warrants were served in the last few days with the three correctional deputies. they've all lawyered up paid for by their union. this has turned into a criminal investigation according to our sources. the investigation is now criminal, the sheriff's office filed paperwork with the court yesterday. now in it it lists as victim as an inmate named michael tyree. sources tell us tyree was badly beaten in his jail cell. several sources tell our investigative unit tyree had wounds consistent with the physical beating with

lacerations to his liver and his spleen. however, the coroner has not yet released the autopsy report. as we first reported friday, the sheriff put the three correctional deputies on administrative leave after the incident. according to the court document, tyree waiting to be transferred to a bed at momentum crisis residential treatment center. sources tell us, some sort of argument ensued inside of the jail cell around midnight and all of the sheriff said in the last few days of the incident guards found tyree unresponsive in his cell during a routine check. >> deputies going around doing welfare checks as normal, noticed the person was not responding to them knocking on the door. they rendered aid. fire and paramedics were called. >> reporter: we did reach out to the victim's sister, out of state, she told us she is not ready to speak about this incident at this time. however we le remain in contact with her for the foreseeable future and see if she perhaps

changes her mind as the days pass. live at the main jail in san jose, damian trujillo, "today in the bay." >> thank you very much. we'll stay on top of the developing story throughout the morning. for the rest of the day as well. for more coverage, head to nbcbayarea.com or download our free nbc bay area app. a california department of justice unveiling a new tool giving public power to monitor interactions with police. attorney general cam milla harris will announce the website open justice later today. the goal to improve transparency and government accountability. the website includes information on officers killed or assaulted in the line of duty as well as deaths in custody and arrests and bookings. developing now, 6:33, markets only opened three minutes up almost 200 points, 1% gain on the dow jones industrial average. we were hoping for a turnaround. we'll continue to watch. the man accused of

kidnapping and killing morgan hill teenager sierra lamar will stand trial. there's been more than a dozen delays frustrating the family and hundreds who helped search for her. lamar disappeared three years ago walking to a school bus stop. her body still has not been found. the prosecutors say her dna was recovered in the car. he has pleaded not guilty. a job interview took a turn for worst in the south bay. a prospective male model was meeting roger francisco in jose to discuss modeling work. victim says the man grabbed him inappropriately. he was arrested and is facing sexual battery charges. it happened last week but investigators are asking any other victims to come forward. another sexual attack to tell you been this one happening at uc berkeley's library. this morning campus police tight lipped about the details. just before 1:00 yesterday morning, a 20-year-old woman

told police she was groped. police have not revealed exactly where at the library it happened or given a description of the suspect. follow-up now on a reported kidnapping in oakland we first told you about yesterday morning. we know the woman is home safe. police say she ended up contacting investigators amid media coverage of her apparent abduction. a witness reported seeing a man grab her and throw her into the truvg trunk of a car. she's since told police she's fine and involved in a domestic dispute. hot button issue nationwide, trains carrying thousands of gallons of flammable crude oil past schools. the question is, is it it even safe. "today in the bay's" chuck coppola live in emeryville. a new report out details potential dangers. >> reporter: that's right. good morning. center for biological diversity in oakland mapped out the number of california schools within a mile of oil train routes. here's what it's about, statewide more than 1 million

students within a mile of oil trains rolling past. here in the bay area, it's 50,000 schoolchildren. but a proposed oil train route to transport oil to san luis obispo would raise that number to 200,000 schoolchildren. >> i found the number of children that go to school within one mile of a current oil train route staggering. >> reporter: it is aware of concerns and spending $30 billion on top to bottom operational reviews, implementing lower speeds, increasing track inspection and use of track-side safety technology and stepping up outreach and training for first responders in communities. this, to continue to transport by rail but take measures to variety disaster. reporting live in emeryville, chuck coppola, "today in the bay." >> thank you very much. it is explosive, new video and raising even more questions about delayed construction at a south bay hospital.

>> that right there was a man working on a steam pipe. moment that that pipe explodes. now santa clara county says the video is another reason why it wants to fire turner construction from the project valley medical center. "today in the bay's" kris sanchez joining us now an incident happened a year ago. why are we only seeing video now. >> that's the big question this morning. is that explosion video proof of performance or is it a publicity stunt? the story of santa clara county's threat to fire turner construction from the $300 million valley medical center hospital job is one we broke earlier this week. but now this video is fueling the fire. you saw that worker was halfway out of the steam pipe as it explodes. he did survive that incident. but turner construction's contract with county may not. in addition to construction

delays the county claims the company's safety record is questionable. >> in this case, there was an instruction to the employees that said, you might hear popping and cracking sounds and that's normal. >> on monday turner construction told nbc bay area the delays of that project are the county's own fault. a day later in response to the explosion video, turner provided documents to us indicating it took responsibility at the time and that they also provided payroll documents, indicating that the incident wasn't serious enough to keep that worker off the job. in fact, in that video you see him get up and walk away. turner contends the county's only releasing the video now, a year later to distract from mishandling of the project. the county gave turner construction until friday to convince the county not to fire it from the $300 million hospital project. so the clock is running. but this is certainly the kind of incident that cal osha would investigate eight construction

site. we've been poring through the website and online records. we see no violation related to the hospital site. we're wondering now if it was a subcontractor or why osha wasn't called if they weren't called. we'll get to the bottom of that today. >> very interesting. >> midway through a holiday week, which means labor day is around the corner. >> mike was telling us people take off early, maybe to get a jump on what is not enough of a three-day weekend. live look outside golden gate, people may be heading into the city by the bay. check the forecast. meteorologist kari hall. >> you'll have the iconic low clouds to get shots this morning. we are seeing clouds roll away from the hills in sunol and a beautiful sunrise. temperatures are in the lower 60s out the door and it will be a much more comfortable day. we've had nice weather recently. but temperatures coming down a few more glees. gilroy, 79s also san mateo.

embarcadero 70. breezy one, too. late on this afternoon, 74, napa, pittsburg 85. san ramon topping out at 80. sushs la sunshine later today and next few days. heating up this weekend. right now check in with mike who has the answer to why the chicken crossed the road. >> i was making a comment they thought the other lane was moving faster but now sounds like they've moved. at toll plaza. fremont moves smoothly but volume past the truck scales. map, mission boulevard top of the screen in towards the south bay. the north bound routes continue to build in a predictable fashion throughout san jose, moving up into the rest of silicon valley. here a slower drive for 880 and 680 both coming down into free month. 680 shows the slowest through pleasanton. no incidents reported. building on the peninsula as

more folks make their way over the san mateo bridge. i'll show you the bay bridge polvadero toll plaza from our toll plaza camera. lanes 12 and 13 have the chicken running around it, past the toll plaza. we see the lanes moving. i'm check for the emeryville camera. i don't think we'll see anything but still that's the most interesting thing going on, chicken at the toll plaza. crossing the road. there you have it. >> who do you send in to chase down the chicken? that's the question i want an answer to. survival skills on full display. how a woman made it nine days lost in the sierra all by herself. >> live to the big board. dow industrials gaining 200 points. that's like the dow only losing 200 yesterday. coverage coming up in business news. a velingtor ==m/v=nely hos lerl

developing story from the midwest. nearly 24 hours later, still no sign of three men accused of killing a police officer in illinois. the lieutenant was killed yesterday morning during a foot chase, an hour north of chicago. the officer was a 32-year veteran of law enforcement, husband and father of four. it is 5:44. -- 6:44 i should say. only one known survivor left of the great san francisco earthquake following the death of a woman in pebble beach. next april it will be 110 years

since the great quake. family members say 113-year-old ruth newman died at the end of july, she was 5 when the quake struck. she would tell relatives about remembering running from her home during the shaking. the only known living survivor is a man who was 3 months old at time of the quake. he lives in a retirement home in marin county. we know how a woman was able to survive nine days by herself lost in the sierra. in a letter written from her hospital bed, she says she was trying to make it back to her group at base camp before dark one night when she fell off of a cliff, breaking her leg. she then spent the next two days crawling to a stream for drinking water. she says she did not eat the entire time. on the eighth day she could see the search helicopters and hear rescuers calling her name but couldn't area hear her yell

back. saturday she was recued. kentucky county clerk says her faith is more important than the letter of the law and she's refusing to bridge on granting marriage licenses to same-sex couples. >> we are not issuing marriage licenses. >> based on what? >> i ask you all -- >> why? >> because i'm not. >> why. >> whose authority? >> under god's authority. >> that's what's happened yesterday in a heated exchange between the clerk kim davis and a gay couple. her first day back to work after the u.s. supreme court order her to issue marriage licenses to all couples. davis is facing fines and may receive jail time for defying the court order. getting her removed would be difficult because she's an elected official and must be impeached. she and her deputies skcheduled to appear in court tomorrow. look for a new face on stage

in california. carly fiorina has successfully lobbied cnn to include her. cnn changed the rules after weeks of complaints that presidential polls before the last debate were being weighed far too heavily. fiorina got a bump after that debate. now she's going head-to-head with the top ten, including jeb bush, who is attacking donald trump as too liberal on abortion and health care. >> this is not a guy who is a conservative and using his own words, not a mischaracterization, they came out of his own mouth. >> and on the democratic side, as we await whether or not vice president biden decides if he's going run to he'll be in florida discussing the iran deal with jewish leaders. >> a check of the money this morning. >> scott mcgrew, yesterday you said whatever you do, don't look at your 401(k). can we peek? >> yeah, go ahead and peek. it the better day today but keep in mind, we have not made up the losses from yesterday. here's the open on the nasdaq. the dow industrials are up about

200 points this morning, which means it's the equivalent of them losing 200 yesterday. that's a big loss. nasdaq gaining 43 and the s&p 500 is up 21. in all of this we'll mix the fed, the fed is on the cusp of raising rates for the first time in seven years. technically the fed shouldn't care about the stock market but you can't ignore it. keep in mind, talking about all of this, the stock market is not the economy. the economy is not the stock market. the most important economic numbers are inflation and job creation. we get the job numbers this friday. san francisco federal judge on monday cleared the way for a lawsuit against uber to be classified as class action. that means many more uber drivers can join. how many is fuzzy. the plaintiffs say it's hundreds of thousands, uber says far less. it's up to a jury to decide the meat of the case, are uber drivers employees or contractors? mcdonald says, starting next

month, you can order breakfast anytime with big macs, you can get an egg mcmuffin in the afternoon, hash browns at midnight. the "wall street journal" pointing out, serving breakfast is complicated. the rules say you can't cook eggs next to hamburgers and the toaster that toasts the hamburger buns is different than the one that toasts egg mcmuffin. >> i knew a guy who got fired for putting the filet-o-fish and the apple pie -- >> that is gross. on that note. >> helping foil a terror attack, he's a big star of late night television. >> getting more comfortable. anthony sadler met with applause and cheers when he told jimmy fallon about what happened after he and his friends rushed a suspected terrorist carrying an

ak-47 on the train. >> i got up after i saw them go and fully expected a gunshot to go off but it never did. spencer hopped on him. me and alek were there, got to beat him down a bit. >> dressed for the eindication, looking gq. sadler and his friends received france's highest decoration, legion of honor. three of them all be honored with a parade in sacramento. all being rewarded with great weather this week. it's been nice. >> it will be cooler today. the air-conditioning goes off especi especially along the coast. clouds are back. may have mist and drizzle to start out. live look at s.a.p. center in san jose it is a nice start to the day. our temperatures right around 60 degrees. but seven-day forecast comes up at the bottom of the screen, you'll see the trend heading into the weekend. it will be a warmer one.

today, this is what you need to know as we take a live look from the north bay areas of clouds and fog, sunrise happening right now. and comfortable temperatures later on today. but still a lot of clouds near the coastline. and then the clouds and the fog roll across the bay with the sunset at 7:41. it's 63 degrees in san francisco. santa rosa, 62. san jose 58. looking at 70s and 80s across the bay. into the mid-80s in the tri-valley, coming down from the upper 80s, even yesterday. cooler weather continues to settle in. so expect 60s along the immediate coastline and inland areas into the 70s and 80s. great weather today and out in the pacific, very active. there are still three hurricanes happening out there. jimena speeds of 115 miles an hour. good news over the next couple of days this will weaken, curve to the north, none of these storms are expected to bring anything more than higher waves to hawaii.

and the weekend forecast here in the bay area will be trending warmer once again. mainly 70 and 80s saturday. sunday up to 90 degrees in a few spots. labor day, also looking fairly warm, and the tri-valley up to 92 degrees. get ready for some poolside barbecuing and cooling off near the beach. a look at the commute now with mike. >> looking toward the bay bridge toll plaza. we do have the backup, of course metering lights are on. from here the toll plaza to the metering lights, that's the section where they've got reports that chicken running around first in the third lane, then lane 12, 13. we don't see anything going on but i want to let you know, i'm checking for you. that's the most interesting thing on the report. take a look at the map, no major issues with the upper east shore freeway. slow through concord, lafayette. the north bay moves nicely. you see speeds only yellow zone for san rafael. here this part of the north bay towards the benicia bridge.

that's the rest of the bay moves smoothly. 680 slowing through pleasanton. 880 slowing. and anywhere south of the dumbarton bridge your northbound route. next, recap of our big stories, including the latest on three deputies hit with search warrants in the wake of a death of an inmate in custody at a south bay jail. =samsho= teecoectnalepues serdwt

three connectional deputies served with search warrants in connection with death of an inmate in custody at santa clara county main jail. >> damian trujillo live outside the jail with the very latest for us. >> reporter: good morning, this is a criminal investigation, according to sources. investigators have been on the case since it broke just about a week ago. here at the main jail in san jose. now we did obtain a court document and lists as victim inmate named michael tyree. tyree was badly beaten in his jail cell, several sources tell our investigative unit tyree had lacerations to his liver and spleen. the coroner has yet to release the autopsy report. as we first reported friday, the sheriff put the three correctional deputies on administrative leave after the incident. sources tell us some sort of argument ensued inside the jail cell after midnight. for the last four days the

sheriff's office only said guards found tyree unresponsive in that cell. investigative unit contacted his sister out of state. the sister was not ready to speak publicly about her brother's death at this time. we will stay on top of this case and bring you the latest. a developing story we'll continue to follow. head to nbcbayarea.com or download our free nbc bay area app for more information. i'm kris sanchez in the newsroom. proof of poor performance or a publicity stunt? santa clara county released video of an explosion at valley medical center construction site. the worker survived but the contract may not. county says the video proves safety failures which coupled with project delays should be grounds for terminating $300 million contract. turner construction tells nbc bay area the issue was resolved when the incident happened a

year ago and the county's trying to distract from its own mishandling of the project. the county executive gave turner construction until friday to convince him not to fire the company. stay tuned. kris sanchez, "today in the bay." i'm chuck coppola. right now 50,000 schoolchildren in the bay area attending classes within a mile of oil trains rolling past their schools. center for biological diversity in oakland says that distance, one mile, is within the evacuation zone in a number of oil train explosions such as one in west virginia two years ago. but the number of schoolchildren close to oil trains in the bay area could reach 200,000 under a proposed oil train route. there is also concern about the type of oil that may be transported. the american association of railroads says it is aware of concerns and spending $30 billion on top to bottom operational reviews, implementing lower speeds, increasing inspections and use of track-side safety technology and stepping up outreach and training for first responders in

communities. chuck coppola, "today in the bay." >> thank you very much. in a second, mike is going to talk about chasing chickens on the bay bridge toll plaza. but first, a check of the weather. >> what a teaser. today's forecast will be cooler than yesterday. 83 degrees in the north bay. south bay 79. beautiful all across the bay. >> everybody talking about the chick than crossed the road, at bay bridge toll plaza? >> san mateo bridge, westbound, slow drive here. but toll plaza itself, here, never had any -- looking at the map, the crash involving four, five vehicles north 101 approaching that area. a slowdown at least. i'll get more information as chp arrives. there's your south bay, typical northbound build. the big deal we were talking about, the bay bridge toll plaza. no surprises as far as traffic flow. but we had reports of a chicken as we come back to the studio guys. periods of time, chicken in one of the lanes, maybe to the left. it was running around, one single chicking popping up here

and there in the chp report. not reported hit. that's the good news. >> let's hope that remains the same. markets are looking sunny side up. a live look at dow jones. good morning. massive manhunt. communities on good morning, massive manhunt, communities on edge outside chicago and schools shut down as the search intensifies for three men who gunned down a beloved police officer. we're on the ground with the very latest in the desperate search for the suspects. ready to run? a dramatic return to the political stage for vice president joe biden with his first major speech since buzz about a 2016 run began and jeb bush and donald trump rachet the slug fest over who's the real con sefb tif. american hero -- >> we did whatever we could to disarm him. >> nbc n