hoi tit tvals -or coempof u holding tight to values or in contempt of court? the kentucky judge tackles that issue today for the clerk refusing to issue same-sex marriage licenses. the court date on the docket. after waiting for years, finally an opportunity for justice. an immigration mix-up nearly leads to the wrong man getting deported. "today" in the bay starts right now. thank you for joining us. let's get a check of the forecast right now. >> good morning. we're heading closer to the holiday weekend and our weather is absolutely gorgeous, nice and

comfortable, in the upper 50s to lower 60s to get the day started. also some clouds near the coast but we will have a lot of sunshine today. look for 68 degrees in san francisco. 78 in the east bay peninsula. 76 degrees. south bay up to 80 while the tri-valley tops out at 81 degrees. our temperatures cooler than average but that changes as we go into the next couple of days. more on that coming up in just a few seconds. let's get a look at the morning commute now with anthony. we have a sigalart issued for the east bay. it is on marsh creek road. also just keep in mind that there is no estimated time for this to re-open. as we go through the morning hours, if you have to use this road you might need an alternate route. at least for the next couple of hours. we'll follow this and more. we do have some breaking news to tell you about this morning. a hard helicopter landing killed one u.s. marine.

it happened last night at camp lejeune in north carolina. the helicopter came down during a training exercise. at least nine other marines were hurt. the name of the marine who died has not been released. a marine spokesperson says the crash is under investigation. we're going to continue to follow this story throughout the morning so stay with us on ""today in the bay"" or get the latest coverage online at nbcbayarea.com. now something that should never happen almost did. an american citizen nearly deported. now the question is what did happen? >> "today in the bay" has more on what we found so far. >> good morning, laura and sam. ricardo salizar was born in mexico, but living and working in texas. his mother was a u.s. citizen but he had only a green card when he left texas and returned to mexico briefly, then tried to return. the combination of an arrest record and that his mother never filed his citizenship papers led

authorities to detain him for four months until he walked out of richmond's west county jail late yesterday and told us what happened to him at the border. >> i keep telling them that i'm a u.s.sa citizen, i was born in texas, corpus christi. they never paid attention to me. >> an attorney contacted salizar's family and in just three days got a hold of documents that the attorney said proved salizar was legally entitled to be in the u.s. immigration officials say they take very seriously claims of holding people improperly. happening today -- we could find out if there is enough evidence to try juan francisco lopez sanchez for murder. sanchez shot the walk back in july when we was walking along with her father.

sanchez was an undocumented immigrant who had been deporpted several times. it is one of the bay area's most high-profile murder cases and now after dozens of delays the man accuses of killing the 15-year-old will finally face a jury. the defendant was arrested in 2012 after a grand jury indictment. yesterday a judge set an april 2016 trial date. vict victim's rights advocates say four years is too long for a family to wait for justice. lamar's father says after years of waiting the decision caught him off guard. >> but relieved. i was shocked, too. that's probably the most overwhelming emotion was shock because i had my expectations set pretty low. >> garcia torres' attorney filed a motion to dismiss the case after a judge set a trial date saying a grand jury did not hear all the evidence. legal experts say it is one of several motions expected to be

filed in the death penalty case. and it is possible these legal maneuvers will affect that trial date. new details now on a bizarre shooting at the oakland b.a.r.t. station. police say they want the suspect charged with attempted murder. here's video from immediately after the shooting. b.a.r.t. police say they confronted corey powell about smoking on the platform on tuesday night. they say then he tried to get away. at one point he reached for his his waistband. officer tazed him. shortly after 4:00 achbl a body was found after flames were put out. no word on the cause of the fire. most folks looking ahead for their weekend. >> good morning. as you head out today, mostly clear skies for inland areas. still some areas of fog and clouds along the coast.

sunrise at 6:39 and quickly clearing today. comfortable temperatures. it will be another nice one, kind of like yesterday. skies tonight will be mostly clear and a breezy one. expect a high of 78 degrees in san jose. san mateo 73 degrees. mainly 60s along the coast and some lower 80s for inland areas like the tri-valley and pleasanton. it's early, do we have any issues on the road yet, anthony? >> we do have a sigalart that's been issued. i want to update. marsh creek road coming through clayton, alternate through br t brentwood. it is at bragdon where they've closed it. highway 4 is suggested the alternate. not much happening across the peninsula but in san francisco we have a couple of accidents. 280 southbound just past daley

city. crews are trying to clear an accident on the shoulder. 4:36. going to court for refusing to grant same-sex marriage licenses in kentucky. now that kentucky clerk is causing a commotion and has to explain her values versus her duties. gosaco.vo a ntuyclk iinving

you are using god for hate. >> no, i'm not. >> earlier than kentucky clerk invoked god's authority, quote, unquote, and perhaps the wrath now of a federal court. today she is going to face a judge after refusing to grant marriage licenses to same-sex couples in kentucky. today kris sanchez is here. the clerk could face fines, even some jail time. >> fines and jail time, but not the consequence that a lot of folks are calling for which is her losing her job by that county clerk is an elected official. while she can't be fired, she can be held in contempt of court. the county clerk faces a federal judge today to explain why she's defying the supreme court in refusing marriage licenses to same-sex couples. her lawyer says this is really a case about religious freedom but opponents say this is an issue

of civil rights. this argument will play out in court today and it played out yesterday again in the clerk's office. >> you're interpretation of the bible does not form the constitution. our country is not founded -- >> it might be a little more civil in the courtroom but the arguments will be the same. davisshe's not disobeying the supreme court because she's waiting for an appeal but she adds that she is also not discriminating because she's not issuing marriage licenses to anybody. same-sex or otherwise. meanwhile, another county clerk in kentucky is also refusing now to sign marriage licenses. she says in solidarity. now you've got a 400-mile bike ride to join kim davis who he says is just doing the job she was elected to do. kim davis heads to federal court this morning. we'll cover that part of the

story for you this morning as well. >> such an interesting case to follow. thank you. certainly switching gears here. now is your chance to live the high life of -- who else -- but a flintstone. the familiar house to so many in the bay area along 280 is going up for sale. we'll give you the rare look inside.

friendly faces this morning.

we got anthony in the house as well. >> woke him up early. >> i think you'll really like what i have to say about the whether today and tomorrow. maybe not so much this weekend because it will be getting hot out there. as we take a live look now from at&t park. we have some activity going on this early in the morning. folks getting the field ready i guess for some event going on. as we start out the day, it is in the upper 50s to lower 60s. we do have some clouds along the coast but not a lot just yet. we may see tclear conditions fo the inland areas. comfortable day again today. 80 degrees in the south bay and peninsula, 76 degrees. east bay 78. while the tri-valley 81 degrees. our weather has been so nice, a breeze, sunshine and cooler than average temperatures. we also don't have much fog on the bay right now. and the visibility is nice and clear. we will see sunshine all across the bay area, even in san

francisco you'll get a bright sunny day. and into the afternoon, we will also see mostly clear conditions. a few clouds moving in but breezy conditions will help scour out those clouds. temperatures still in the 60s along the immediate coast. for the inland area we are talking 70s and 80s. but as we head into the labor day weekend, all of that will change as we get a shift in our weather pattern and some high pressure building in that's going to make those temperatures ramp up a few more degrees each day. after seeing some 70s and 80s today, we will be a little warmer tomorrow, then that continues into sunday. 90 degrees in the south bay. 94 degrees heading into labor day for the tri-valley. so get ready for it to be pretty hot. do you have is the day off? you'll want to do something to help you stay cool like heading to the beach. i don't know if anybody's heading to the beach yet, anthony. >> i'm always headed to the beach, early in the morning, late in the evening, you can always go to the beach. we want to start off with this sigalart for clayton and

brentwood drivers. harsh creek road is closed because of a fatal accident there. if you are planning to use that, you may just want to use highway 4 this morning cutting through antioch if you're heading that way. across the peninsula, no major accidents. we did have some accidents but they've all cleared. no major issues here early this morning. laura, sam, back to you guys. anthony, this weekend may be the time to buy a car. >> there's going to be wheeling and dealing. >> good morning to both of you. the markets look to build on wednesday's rally. futures point to a higher open. stocks jumping paf a report from the fed painted a more optimistic picture of the economy easing worries about the impact of a china slowdown on the u.s. dow posted a triple-digit move for the tenth time in the last

11 sessions. the dow rising 239 points to 16,351. the nasdaq up 113 to 4,4749. tesla will start deliveries of its new model x suv on september 29th to people who have already reserved one. the company says the premium version which comes in a unique red color and includes features such as self-parking, will cost between $132,000 and $144,000. tesla will show off its lower cost model 3 sedan and start taking pre-orders next march. the labor day weekend may be a good time to get a new car. consumers will find the best deals on remaining 2015 models as automakers try to clear them out for the new 2016 vehicles. you could get discounts of up to $4,000 on the bmw 3 series, toyota prius and honda civic. guys, look like we should do some shopping. >> there we go. >> the tesla model x, too. hook is up with a deal on that.

or maybe not yet. >> no problem. it is 4:48 right now. now to an investigative unite exclusive. lying on your resume can have real consequences. yahoo!'s ceo scott thompson was saying he had a degree in computer science when he actually didn't. tonight looking into claims betasoft is crafting fake resumes for some of its trainees. the $20 million company advertising training and places workers at google, wells fargo and even ebay. two job seekers spoke with the nbc bay area saying they paid 5$500 to $1,000 for training. they were given credit for years of experience they did not have. >> five-page resume. how much of this is actually

real? >> about 1% to 2%. >> they're completely fabricated resumes. >> no one from betasoft would speak on record. tonight at 11:00 we investigate the complaints and why some of the job seekers say they were instructed to lie. do you have a tip for our "investigative unit," give them a call or send an e-mail to theunit @nbcbaybay area.com. san francisco elementary school took down the gender sign for the restrooms for first gradersmakering them gender neutral. the principal says there are eighth first-graders who don't fit gender norms. students range from tomboys to transgender. the city and state law requires schools to let those students use restrooms consistent with their gender identity. the elementary school plans to make restrooms for older students gender neutral as well. only on nbc, it's iconic, it's strange, and now it is for sale. that means we finally get a look

inside. an exclusive tour inside that flintstone house right off of 280 in hillsboro. the home hits the market next week for $4.2 million. the listing agent says it is three bedrooms, two bathrooms and a home that will have your friends begging to visit. zb >> when you come inside, people are in awe. >> the agent is showing the home, by appointment only, so there won't be any open houses. you can see more of the video inside the home on nbcbayarea.com. interesting colors, too. >> only one problem. if you buy that house, you'll need to use transportation with those cars you just pedal with your feet. >> a big steak on the side, too. coming up, a unique job in san francisco helping to keep the city clean but is going on

potty control a job you would take? the pay, the perks and the position.

i think i can taste the weekend. >> oh, we're close. 48 hours close. >> but who's countsing? >> not me. >> does the weekend taste like barbecue? >> at your house, yes. >> come on over! it's going to be nice. but starting to heat up, too. we are enjoying some great weather right now but i'm sad to say does not linger into the next few days. it is going to be 78 degrees today in san jose. san mateo, 73. 78 in palo alto. oakland 73 degrees. san ramon, a high of 76 degrees. all of these 70s turning into

80s and 90s. i'll detail that coming up. let's see how the commute is going with anthony. >> the bacon festival is it hadding san jose downtown this weekend. just sayin'. this is dublin commute. notice things a little bit slower than usual. i've been looking at the chp report. no accidents through this area. there's the slowing denoted by the red. once past that things move pretty smooth. no problems approaching the bay bridge plaza. northbound lanes looking pretty good. >> the bacon drives us out. thank you so much, ant in honan. menlo park has actually produces more emissions than in previous years. according to the mercury news with be they had a spike from 2012 to 2013 in gas emissions and residential and commercial

energy consumption increased. the city says it is discussing ways to change the numbers at a meeting later this month. 4:55. call it the potty patrol, the latrine team. san francisco installing more public restrooms and paying people to help monitor them. the city spends $1 million a year to clean human waste off the streets, so it says the bathrooms are necessary. so are the attendants who are paid $15 an hour to clean and watch out for suspicious activity. >> they know what they can and can't do when i'm around. i'm proud of my job. i'm good at what i do. >> the number of steam cleaner requests to clean up human waste has gone down in the areas where these toilets are. >> the city will continue to install bathrooms like these. so far there are eight but five more are expected in the next several months. firefighters, paramedics perform heroic feats all the time mostly with little or no fanfare. >> last night, five members of

the san jose fire department were honored before the san jose giants game. in early august they saved a man who went into cardiac arrest. last night the men were reunited for the first time. the 27-year-old man says he was happy he got to thank the men of engine 26b who saved his life. >> 4:57. coming up, it's been a long, painful wait for sierra lamar's family. now a court date has finally been set for the man accused of kidnapping and murdering her. an unimaginable mistake. why an american man in a bay area jail almost got deported to mexico. to xic thmiske .caht thni

an american nearly deported to mexico. the mistake caught in the nick of time, but is it a mistake that could happen again? a new development in one of the bay area's most high-profile murder cases. plus, judgment day. the kentucky county clerk who refuses to issue same-sex marriage licenses faces a judge. "today in the bay" starts now. a very good now thursday morning to you. thanks for joining us. i'm laura garcia-cannon. >> i'm sam brock. a beautiful start once again to

your thursday morning. enjoy it while it lasts. >> because it will be heating up this weekend. our weather has been cooler thatten average for the past couple of days. that continues into today and tomorrow as well. we're in the upper 50s in the north bay and south bay. it's 61 degrees in san francisco and 68 there will be the high. 78 in the east bay. north bay get ready for 79 degrees. i'll have a look at the weekend forecast in a few minutes. let's see how traffic is moving with anthony. want to give you an update with what was happening earlier this morning. we still have the sigalart issued for east bay drivers through brentwood towards clayton for marsh creek road. if you do use that road, use interstate highway 4. that will be your main route this morning coming through dublin, towards livermore things are starting to slow. once bapast 680, things improve. other than that, it is pretty quiet this morning. we have breaking news we're following this in