drizzle out there. >> on the coast. low clouds and right over san francisco and even into san jose this morning. you're waking up to mostly cloudy skies. the view outside shows you the low clouds. the temperature is at 61 degrees. 58 in san francisco. numbers running in the mid 80s in the tri-valley. 64 in san francisco. 82 in san jose. we're tracking actually issues both in the south bay and tri-valley this morning with your morning commute. >> that's right, rob. four crash necessary two cities. san jose and dublin. the bay looks smooth as far as your sensor reads. on initial examination. north 87, a crash north of kertner. just shy of can't 258 pital exp. traffic is moving smoother. i'm waitinger to chp to give me the update on both of your scenes. two crashes in the dublin interchange in towards dublin. just about hacienda.

the dublin interchange the clear itself and recovery southbound through sunol. back to you. >> thank you. a developing story out of the south bay and new troubles surrounding the santa clara county main jail. a former correctional deputy now under arrest for allegedly beating up an inmate and this happened several years ago. >> "today in the bay's" r"''s" redell is live at the main jail with more in the charges this former deputy now faces. good morning, bob. >> good morning, lawyerura and . the district attorney's office initially passed on pressing charnls against the former deputy here at the main jail, the santa clara main jail here in downtown san jose. but over the past few months the d.a. has come to a different conclusion. and yesterday did file charges against timmy tree. had him arrested at his east san jose home and placed into the very jail where he used to work. tree who is 35 years old faces charges related to the beating of an inmate back in october of 2013 while he was a correctional

officer. tree allegedly kicked an inmate in his head and face, cutting his face and breaking his jaw. sources close to the investigation tell us tree was trying to help a fellow officer subdue the inmate who had become unru unruly. in the process, tree used force that was considered excessive. >> went through internal investigation. he has not worked for the sheriff's office since then. he was immediately put on administrative leave. >> and the sheriff's office recommended that charges be filed against tree but after several weeks the d.a.'s office declined for reasons unknown. now you flash forward to this past march. the sheriff's office resubmitted the complaint. the d.a.'s office according to the mercury news conducted additional interviews with inmates and five months later, yesterday, decided to press charges. a judge set bond for tree at $75,000. tree was let go from thor sheriff's office after 1 months paid administrative leave expired this past august. this is not the only problem for

the jail. three other former deputies are facing murder charges. they're accuse of beating inmate michael tyree found dead in his cell a year ago. reporting live here in san jose, bob redell, "today in the bay." taking a stern stance against hoard liquor on campus. stanford university is cutting down on high volume drinking. effective immediately, hard alcohol is now banned at all parties on campus. that includes fraternities and sororities. however, students 21 and older will be allowed to keep no larger than pint size bottles of hard liquor in their room '. the new policy the not related to the sexual assault case involving brock turner. the judge who sparked controversy in sentencing brock turner is now bowing out of his next legal decision tied to a sex crime. the mercury news reports judge aaron persky recused himself

from an upcoming legal hearing. he was supposed to reduce the sentence for a man convicted of possessing child pornography. in his statement the mercury news reports persky indicated some may now doubt his impartiality. turner received a six-month sentence for sexual assault. he could have been sentenced to ten years in prison. the former petsmart groomer charge with killing a pet is expected the n. court later this morning. that's 101 who is going to be back in a redwood city court for further arraignment. investigators say that a dog suddenly died in his care. it happened while he worked as groomer at the san mateo petsmart last may. that dog suffered broken ribs and a punctured lung. san jose is considering drastic measures to address the lack of police officers patrolling the streets. nbc bay area's robert honda broke that story yesterday. city leaders are now on the verpg of declaring a public safety state of emergency due to dwindling police staffing members. city leaders met yesterday with the chief and members of the

police union. they agree 500 officers are needed to fully staff patrols. right now there are almost 100 officers short of that number, so officers in other divisions will need to be redeploy sdpled with it's going to mean closure of more unit, more people, not investigating specialized crimes. >> the state of emergency would override the urnt can police xwrun i don't know contract to get more officers out on the streets. we have seen many more homicides in the city of san jose this year. now to the latest on the most recent case. we now know the names of two brothers who were shot and killed in san jose. we first brought you this story yesterday morning. the brothers were found in a bullet riddled car near spartan stadium. 27-year-old michael ramirez and 36-year-old arturo ramirez. the weapon used in this killings was an ak-47 style gun. >> they may do what think they did was successful but in the

end it's unsuccessful because statistically it's probably going to happen to them. that's an unfortunate thing to say, but it is the truth. >> there have been no arrests made here. and this marks the 32nd and 33rd homicides in san jose this year. 6:06. on the search is on this morning for a sick coyote that's walking the streets of danville. wild experts say it has mange and covered with mites. it could be in danville for an easy meal of discarded food. ebbs perts say the animal is not a threat to people but small pets should be kept indoors. on the website next door people have reported numerous sitings giving wildlife agencys a better chance to catch it. >> it's really refreshing to deal with a community that seems to really care about this animal's welfare. >> mange is not deadly but being in the city increases the coyote's chances of being hit by a car. the plan is to trap the animal humanely, heal it and release it

in the hills above danville. certainly looks sick. happening today, a live look just north of the bay area at lower lake high school this morning. this is the first day of the school year for students in this area of lake county hit by the massive clayton wildfire. students and staff at all lower lake schools are going to be returning to class this morning. that of course is the same area ravaged by fire ten days ago. the district delayed the start for one day in lower lake to allow more time to clean up and give staff and students the chance to prepare for today's opening. as they head back to school, sam, firefighters continue to douse the remaining flames left from the clayton fire. it's currently 96% contained after scorching nearly 4,000 acres and hundreds of structures. police say a serial arsonist sparked that fire. now, across the state hundreds of crew rest main on the front lines this morning trying to contain several fires and this time a historic landmark is threatened. here's a look at the six largest

fires burning in california. the most problematic is the chimney fire burning. it's threatening the historic hearst castle. cal fire is protecting that landmark which remains closed to the public. not just the property but hearst castle is also home to that extensive art collection. the chimney fires burn more than 31,000 acres so far. it is 35% contained. of course the signs of fires are everywhere, even if it's not in your direct backyard. we've seen smoke and yesterday when rob was talking about the wind pushing some of it hopefully out. good morning, rob. >> right nowing looking at the view going back yesterday afternoon to get the thunderstorms here over the sierra but look at the hazy skies around the bay area. the smoke upper level winds have been going from south to north over the last couple of days. but late yesterday and it should continue today, upper level winds more out of the northwest we hope will push more of the smoke away from the bay area. so the highest smoke levels again today for parts of the south bay but improving air quality around the central bay and up towards the north bay for today.

highs near 80 in san jose. mid 60s in the forecast for san francisco. north bay temperatures close to 80 in santa rosa. head over to the tri-valley, temperatures in the mid 80s for the afternoon. and for the morning commute, mike, still issues in san jose. >> that's right, rob. a shift now concerned about 87 more than 101. look at your bay. overall things look standard. we'll have your back up at the bay bridge. 101 rorvecovers north. the crash clearing by the time you get to capitol expressway. 87 is jammed starting at capitol expressway up to alma where we have a crash in the two middle lanes. two vehicles having trouble getting a crew there to clear it. backup forms quickly there. 580 approaching the dublin interchange. a number of crashes, some might be duplicate reports. two involve big rigs. now over on the shoulder. we do see flashing lights on the approach toward the dublin interchange. more spectator slowing and congestion shifting in toward that area.

we're tracking that as the problem spot. back to you. up next on "today in the bay," a vicious fight caught on camera that almost led to a bay area cab driver losing an eye. private lives exposed. the sensitive information now public at the hands of wikileaks. =laura/vo=

we have video of a fight during a san francisco cab ride. it ended with the passenger this morning we have video of a fight during a san francisco cab ride. it ended with a passenger allegedly gouging the cabbie's eye. the dash cam video provided by sf super cab shows the passenger in the backseat. hard to tell what the 36-year-old is actually doing, but he does something to the driver. seconds later the 65-year-old cabbie starts to hit back at the passenger. the fight continues outside eventually before police arrived. the passenger was arrested. some taxi drivers tell us it's a tough job. >> having such a bad -- it's difficult to make money now we have to take more chances. >> alleged victim, the driver, was released from the hospital after a few hours. his eye will be okay. the district attorney's office is deciding how to charge the suspect. wikileaks is under fire for

exposing extremely private details about regular people who in some cases are the victims of crimes. in the past year alone the group has published scores of medical files containing sensitive information including the names of teenage rape victims. in another case, the site published a saudi person's name arrested for being gay. homosexuality in that country can be punishable by death. critics say the collateral damage is at odds with wikileak's chamed privacy and personal freedoms not to mention being illegal. big court decision just in time for back to school. >> scott mcgrew, big win for schoolteachers who might have been worried about their school. >> the crux of the case was this, can a bad teacher have tenure to keep his or her job or ignore if it's proven they don't teach well? it went through the california supreme court system and won at

first. the judge in los angeles found that children in the case were hurt by teachers who effect i'vely could not be fired. the whole thing was funded by a silicon valley millionaire david welch. he and his foundation students matter bankrolled the effort. appeals court reversed that decision saying it was up to the legislature's jobs, not the court, to fix teacher tenure. that allows the appeals court to stand defeating effort. not every judge agreed on the dissent. one said california school's staggering failures threaten to turn the right to education for california for school children into an empty promise. green arrows. futures higher. markets ending mixed on monday. light volume. now finished lower. nasdaq rose. talk about very rich people. in tech nobody richer than bill gates. nobody on planet earth. gates' fortune just passed $90 billion. the fella in second place is $13

billion behind him. . rupert points out that bill gates accounts for one half of 1% of american gdp. >> wow. isn't that something? >> that's rich. >> yeah, that's rich. the bill and melinda gates foundation gives back so much. >> it's great to see. >> that was my next question. it's all going to pos terity to help kids down the road. >> that's right. >> thank you very much. all right. 6:16. scientists right now getting a lowe'ser look at a piece of history. it's at the bottom of the ocean floor. really in our own backyard. this is the uss independence used during world war ii. in fact, these are live pictures that we're bringing to you. 30 miles off the coast of half-moon bay. the images brought to us thanks to robotic underwater vehicle using sonar producing 3-d images. scientists say they just want to map out the wreckage and they say it's an opportunity for science to be viewed in realtime on the internet or in the comfort of your own home on tv. >> better in the comfort of your

own home. radioactive. if you saw the film "the natural" you may call the next story a pretty unusual twist. >> of course. the home run you're talking about by redford's character that shatters the grandstand lights. brandon thomas of the frontier league's gateway grizzles hit roy hobb's one better on sunday. a grand slam into the parking lot. as you can see, that shattered someone's windshield. they're going to be mad. that's just so amazing. >> not just someone. whose was it? >> that's the question. >> it was his! >> it was his own windshield. >> i guess, you know what, comes out of his own pocket. it made the score 4-3. thomas, meantime, also scored a nice repair bill and maybe a story line in the next -- >> can you imagine? you're so excited you hit a grand slam and then you go out to the parking lot after a good day's work. >> oh. >> your own windshield.

>> kind of a trophy. i guess. >> look what i did, guys. all right. in and out of the park, trying to start off your day here. >> we're seeing low clouds. san francisco, typical august weather out there with the low clouds to start and some drizzle and mist in a few spots. it's what you can see right now in san francisco. 58 degrees currently. and our friends at the san mateo union schools, you'ring looking at numbers close to 70s. head through the afternoon today and livermore look at the low clouds even out towards pleasant on the in the tri-valley. livermore school district. here's what you can expect today. highs climbing in the mid outitys by mid afternoon and into san jose, three of a kind. low clouds this morning. 61 degrees. and for temperatures at los gatos union, numbers climbing into the mid 80s. marine air almost 2,000 feet thick. no trouble spilling all of the way to the carquinez strait. as we approach lunchtime begin to see clearing. hazy skies around the central bay and that all-day sea breeze

keeping temperatures running cool. area of smoke still in the south bay and warmest day coming up ahead for tomorrow. highs today near 80 in san jose. mid 80s south of downtown. mid 60s closer to san francisco. north bay temperatures in the 70s. and mid 80s around pleasanton and livermore. so another taste of summer weather. coming up in tomorrow's temperatures climb a couple extra degrees. notice our valley numbers closing in on 90 perhaps in a few spots as we head towards wednesday and then things cool down again a etch proing the weekend. the tri-valley is the place to be to find heat by tomorrow. but some issues for your morning commute. >> that's right, rob. i found one of the other crashes in dublin. we have a few. this one is right by where you see the sign here dublin auto mall sign approaching hacienda. this crash blocks a couple of left labs nes so folks shift ri. i showed you the other one. shift over to the other side of the freeway because that crash is blocking your lanes off to the right side. so kind of weaving back and forth as we look at your map.

that's what's causing more slowing heading toward the dublin interchange past airway. by the time you get here you're valuing. 680, you're recovering and moving very well south through sunol and the south bay. the rest of the bay moves well. bay bridge toll plaza metering lights are on but san jose continues with the problem north 87. crash still in the middle of the freeway just north of curtner jammed up to 87. some folks come back in to the backup here 101. much clearer after the earlier crash cleared. look at the live shot. here's just north of 680. now know about this already, mike. muni getting a large chunk of change to buy new light right vehicles. $45 million to the transit agency. that will pay for 10 of 64 new trains. the goal is to buy 150 new trains to replace the existing fleet. first new trains are expected to be delivered by the end of the year. more than a million peer are expected to take muni trains

daily by 2040. >> beefing up the fleet. coming up next, what's more dangerous for some athletes, even littler ones. practice or games? the answer that could surprise you. chris chmura is here with another consumer problem involved. solved. your phone breaks. under warranty. but is the replacement genuine? i'm consumer investigator chris chmura, nbc bay area responds next. good morning. coming up on "today" show, the how the clinton campaign is responding to donald trump's call for a special prosecutor to investigate her time as secretary of state. also ahead, lonnie ali joins us exclusive think to speak out for the first time since the death of her husband the legendary mohammed ali. how she plans to carry on his legacy. then they dominated in rio, now the final five are ready to take over our studio. they will all be here with us live. and we will reveal the name you picked for our new puppy with the purpose when we see you on a tuesday morning right here on "today."

if parents worried about the health of their future quarterbacks and linebackers. new data suggesting that football practice for young players might be be more dangerous than the games. they recorded the head impacts of 9 to 11-year-olds over the kearse of a season. it turns out the players experienced more serious hits during practice than they did in the actual games. unlike college and professional leagues. the most severe blows occurred during tackling drills despite

being a very small portion of the overall practice. 6:24. and the troubles continue this morning for ryan lochte. now embroiled in olympic scandal that stole manied that lines from the summer games in rio. several lochte's sponsors including speedo and ralph lauren are cutting ties with the swimmer. it comes after he admitted he embellished his story of his run-in with the armed security guards after a night of heavy drinking. they said -- he said they robbed him at this gas station but investigators later uncovered the guards. >> reporter: collecting money because lochte and of three other u.s. swimmers damaged a rest room. this morning bay area responds to an east bay man and helps to end a dispute over a broken iphone. >> consumer investigator chris chmura shows us how we helped. >> good morning. glen from danville bought an iphone 6 from a verizon store. within the first year he says the antenna began to fail so he brought it back to verizon. we says verizon then gave him a refurbished model as

replacement. later took that phone to a to asking? dains abo about the screen. apple opened it up and said the phone included nonapple screen parts which voided the warranty. glen thinks verizon should have given him a 100% genuine iphone when the sornlgal one failed. so he called us and we called verizon. within a few weeks glen got a brand new iphone 6. verizon said it made an exception for him as a courtesy yet acknowledged glen's hassle in a statement verizon said we strive to provide the best possible experience for our customers with every interaction. and in this case, we failed to deliver on that promise. tonight at 11:00 we are helping a woman who lost about $17,000. police say an unidentified woman drained her bank account right after karen had transferred thousands from her 401(k). she says the situation was made worse when the banking dragged its feet for weeks leaving her broke. tonight at 11:00, the bank's

explanation and our response. it's a revealing glimpse at how id theft is sometimes handled. if you have a consumer complaint, please call us, 888-996-tips or nbcbayarea.com/responds. have great day. coming up next on "today in the bay," a south bay mother tricked into thinking her daughter was kidnapped. the extreme lengths the criminals are going to to tried and pull off the elaborate scam both here in the bay area and across the country. and the new lengths to curb the pressure to drink for young people. i'm kris sanchez at stanford. i'll show you the changes for the hard alcohol policy. joining us on this tuesday

morn a good tuesday morning to you. thanks so much for joining us. i'm laura garcia-cannon. >> i'm sam brock. if there's one thing that most of our microclimates have in common this morning it seems to be a lot of clouds hanging around, rob. >> lots of gray. dressed like the weather this morning. yeah, the skies around the bay area right now, low clouds and in some cases a little bit of drizzle and few spots this morning. show you the temperatures across the bay. upper 50s ppz low 60s in the peninsula and san jose. afternoon highs. low 80s around downtown. mid 80s into the east bay where in the center box you see there part of the traffic report issues in dublin this morning.

>> that's right. one of the first of our report, the rest of the bay moves well. bay bridge toll plaza metering lights are on. north 87 jammed from 85 past curtner, almost to on the way there there's a crash. the last i heard they still had two middle lanes blocked. having a trouble getting a tow truck to the scene. folks will be joining up, you still go into that backup. that is a trouble spot. the rest of the south bay is clear. west 580 to airway and hacienda. let's show you that live camera. we have this crash blocking lanes off to the left. we have another crash blocking right lanes just before the dublin interchange. back to you. >> looks like it. thank you. 6:31. a hard stance on hard alcohol. stanford is now banning hard liquor at all undergraduate parties on campus. tonight's kris sanchez is live at stanford this morning with more on the new rule that is effective immediately. right, as school starts, kris. >> reporter: right away, laura.

and you know there's a lot of pressure to fit in when you arrive on a college campus, effort younger students. sometimes that pressure can lead to a lot of drinking and this is an effort to try to curb that sort of behavior. this is a letter that stanford sent out, it says they're trying to generate solutions that reduce risk for students, that reduce the pressure on students to drink and meaningfully change the culture around alcohol. the administration says the policy change is not directly related to the brock turner case. the former swimmer convicted of sexually assaulting a young woman after a party where both he and she drank hard alcohol through the night, though he was under age. now, that new policy means that there is no hard liquor in undergraduate housing, that includes the common areas like study rooms, no hard liquor bottles larger than 750 millimeters or a fifth. students over the age of 21 can have only beer or wine at undergraduate parties. grad students can have hard liquor but only in mixed drinks.

and not to be doing any shots. students caught violating the policy repeatedly can be kicked out of the dorms. we did check policies for other bay area campuses for comparison all of which are subject to state law. and here's what we found. uc berkeley, students over 21 can have hard liquor but not in common areas and minors cannot even be in the presence of that alcohol. san jose state, over 21 they can have the liquor but minors can be arrested if found to be in possession. at santa clara university, there is no hard alcohol allowed in dorms are subject to inspection. we did post the full stanford policy via twitter. you can find it on my handle krisnbc. at stanford, kris sanchez, "today in the bay." stanford set the new policy is no related to the brock turner case but the judge who sparked international backlash over the sentencing of brock turner is now bowing out of the next legal we the situation tied to a sex crime.

mercury news reports judge aaron persky recused himself from unupcoming legal hearing. persky was supposed to consider reducing a sentence for a man convicted of possessing child pornograp pornography. persky indicated some may now doubt his impartiality. turner received a six-month sentence for sexual assault. me could have been sentenced up to ten years in prison. 6:34. a pellet gun shooting spree in san jose leaves one person injured joo this morning. happened about 9:00 yesterday morning in an apartment complex on fifth street. not far from san jose state. police say someone shot a pellet gun across the street and hit a man in the head. he was taken to a nearby hospital but is expected to be okay. missay they have identified a suspect but have not yet identified anyone. there's been a recent increase in shootings in that area. >> we just had a double homicide two blocks away last night. and a week ago, maybe a little more, somebody else right down

the street here. so it's problem. >> some neighbors say the pellet gun shootings have been going on for a month but police say they have not received reports of any recent shootings in that area. berkeley's first homicide victim is 22-year-old alex goodwin. goodwin was shot and killed in the area of mabel and burnett streets last thursday. goodwin was from berkeley. police say the shooting does not appear to be random. there has been no arrest made in the deadly shooting. authorities are hope that a new reward can help them to solve a deadly east bay shooting that was just a gut wrenching crime. a 19-year-old cory mattie died on august 6th as she was riding her buy sick to a friend's house in richmond. police say a shooter unloaded 17 rounds near the intersection of 24th street and nevin avenue. police so far have not a single lead and they still can't figure out what the motive was. family members tell nbc bay area that because cory looked like a

man she may have been a victim of mistaken identity or perhaps the target of a hate crime. >> do you think she was targeted because she's lesbian? >> that's why i think so. they have no motive. they have no -- i meerning not motive but reason to shot at her 17 times. >> police right now are offering a $10,000 reward for any information that could lead to an arrest. in the meantime a daring rescue to following a crash whe chp officer sass avan somehow lost control on highway one and crashed about 250 feet down in the ravine yesterday. there were three men inside of that van. two of them were able to climb out. up to the road and flag down help. you see the chp helicopter was able to pull the driver to safety and that harness fortunately nobody was servicely injured. officers are not sure what caused the driver to lose control. east bay mom has reportedly agreed to a six figure

settlement for a spill last spring that contaminated oakland creek. east bay times reports they will pay $426,000 for a concrete spill into the rock ridge branch of xwlglen eco creek. a district worker accidentally left a pipe valve open for about two hours. including other costs, east bay mud will have to shell out $2 million to cover the damages. happening today, some of the critics of president obama say this was a long time coming. witnessing the devastation firsthand. in just a matter of hours president obama will land in louisiana to tour the flood ravaged city of baton rouge. >> they've been hit so hard there. "today in the bay's" edward lawrence is live in washington, d.c. edward, his visit comes after a lot of criticism of the federal government's emergency response. >> sam and laura, there has been criticism of the response saying it's a little bit too slow. some folks are happy, hopeful about this visit. other folks have some pointed words for president obama. he should be there in about

three hours from now. president obama did not cut his vacation short in order to go sbee that flood damage. now, somebody, folks criticized that. some folks criticized that decision. republican candidate for president donald trump capitalized on it. he went there first, last friday. trump toured the damage and talked to people who were effected. the louisiana governor admitted that trump's visit to baton rouge on friday was helpful to bring the national attention to the problem. he went on to say though a presidential visit that early would have hampered relief efforts further. more than 60,000 homes have been damaged. 13 people were killed in flood water. i shound point out some are still upset at president obama did not go to baton rouge after officers killed, shot and killed a black man in front of a convenience store. they're also upset he did not go to baton rouge just after that when three law enforcement officers were ambushed and killed in baton rouge. reporting live in washington, edward law we understand. now back to you.

>> thank you very much, edward shlths starting to look like the fight to restore iconic names at yosemite national park may end in court. it's involved in a trademark dispute. delaware north, as a result legendary names including the hotel and curry village underwent name changes. delaware north wants $51 million to allow the names to be used again. because mediation efforts so far have come up empty, both sides now suggest the dispute will end up in court. >> no matter what it's called, it's so beautiful out there. a lot of people would like to go and see. rob, you were saying there were storm activity out in the sierra. >> we saw strong thunderstorms yesterday dropping hail, frequent lightning. we had a few stray areas in the bay area yesterday morning. what hasn't moved on is you can see, lots of low clouds. upper 50s to low 60s outside right now. san jose, you see it right there. low 60s to start. mostly cloudy skies. as we look at the forecast here,

hour by hour, some drizzle. low clouds. by lunchtime, we'll begin to see the skies clear inland. moving forward, next 24 hours still areas of smoke around the south bay. and the warmest day of the week coming up for tomorrow. in the meantime, highs close to 80. san jose, staying in the 60s in san francisco. for the north bay, upper 70s. closer to eighty around santa rosa. and mid 80s near the tri-valley with a high of 86 in livermore and tri-valley big issues on 5'8'' th 580. >> they continue to remove vehicles one, two, three. that's on your left side approaching hos si end da. look to your map. just a few hundred meters down. we have another issue. a big rig on fire just out of our camera view. and that was over on the right side. that may take a long time to clear because it sounds like the batteries might have been effected by the fire. that's bigger issue there. big slow down from airway down to the dublin interchange. continues to crawl from 85 up to just shy. that crash still in lanes.

that's battle for san jose. rest of the south bay moves well. the rest of the bay moves well. back to you. 6:40. coming up next on "today in the bay," a kidnapping scam tar getting people living in the south bay. the high tech tool criminals are using to trick their victims into paying up. pete suratos, lower lake where students will finally start the school year following the clayton fire. we'll have the details coming up in a live report. which presidential candidate will be best for the economy? we'll take you out live to new york city as well. dow industrials up 90 points.

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new details in that tragic alligator attack at walt disney new details in that tragic alligator attack at walt disney world in florida. a new report shows at least two hotel guests had spotted a gator right before the attack. the report by the fish and wildlife commission shows the guests alerted hotel staff about an alligator close to shore where 2-year-old inla graves and others were playing back in june. graves was gathering sand to help build a sand castle when the alligator grabbed him. the boy's father tried to pull him out but the alligator dragged him into the water. graves died from a single crushing bite and drowning. the report says the gator saw the little boy as prey.

a south bay mom tricked into thinking that her daughter was kidnapped. now she's sharing more about the scary ordeal. scammers are forcing families to wire money to stop the kidnapping while using a voice system to sound like your relative screaming in the background. milpitas mom said she is stunned as crooks are not only utilizing high tech gear to rob you but also i sinsightsing fear. >> he was going to take the refeet for $200. i'm going to hold it up and show her what her life was worth to you before i shoot her in the head. >> the mom finally did connect with her daughter and found out she was never kidnapped smep did get police involved though but it was after she had paid the crooks. 6:45. a new case in a troubling trend involving airbnb. this man david la fever rented an apartment in mountain view using airbnb but just before he was supposed to stay there he canceled his reservation.

investigators believe he then burglarized the apartment. the suspect tried buying a new phone in the name of the apartment owner a week later. he was then arrested. which presidential candidate would be best for the economy? >> who better to ask than the economist and scott mcgrew, new information for us. >> i do. you recall, sam, economists at moody's warned that donald trump would lead the nation in the recession. he doesn't fair much better in this latest poll. a survey of economists, members of the national association of business economists, was very lopsided. lopsided win for hillary clinton. 53% of the economists said that she would be best for the economy. donald trump, by the way, not in second place. gary johnson is. he got 15% of the nod. he's the lab libertarian candidate. he died in second place for i don't know. and then in 14th place, 14

percentage, fourth place, donald trump. let's look at the markets. dow industrials up 90 points this morning. nasdaq gaining 20. silicon lobs from sunnyvale. open of the nyse because we have olympic medal it maya dirado from stanford. they were both gold medal winners. and the fed is on social media now. it just joined facebook. now, janet yellen is not posting selfies. mostly press releases. guys, a lot of comments from people who want to return to the gold standard. you think you have some interesting comments on your facebook pages? >> right. >> try being the fed. >> oh, i bet. exactly. >> yeah. >> people like them? >> they like them and then they take them to task. >> i would imagine. >> yeah. >> the gold standard. i think we're going back to late 1800s? >> yeah. >> thank you very much. happening today, first day of school for students in lake county this morning. some of them who lost everything that includes their homes in the

destructive clayton fire that started ten days ago. >> so many people have to start over. "today in the bay's" pete suratos is live in lower lake this morning. pete, were many of the students there school will be a return to normalcy after what's happened in that community. >> reporter: good morning, laura and sam. here at lower lake high, the first is supposed to begin at 8:20 a.m. i want to show you, california fire showed up in between the live reports and are here doing some clean-up before those students arrive. now, we were here for the better part of last week as this clayton fire destroyed 300 structures around lower lake. authorities arrested 40-year-old day min pashilk, the arsonist responsible for the fire. as a result, the unified school district pushed back the first day of school slated for august 15th too this week. mandatory staff meeting took place at the high school yesterday where they discussed among other tinhings, the cleang

process and safety precautions moving forward. clearlake was allowed to go back to school yesterday. but lower lake schools will take place later this morning. @as for the latest numbers of the fire, according to cal fire, the clayton fire reached 4,000 acres and 96% contained. lea live in lower lake, pete suratos, for "today in the bay." 6:49. let's get a check of weather and traffic. and kind of as we said, a bit of a gloomy start here. >> picture over our shoulder shows us it's very gray. we're seeing that from san francisco in to san jose and dealing with smoke, no doubt you noticed over the last couple days. south winds pushing smoke not so much from that clayton fire which we've gotten the upper hand on that. to the south soberanes fire and the chimney fire there. monterey county, that is pumping a lot of smoke from south to knot over the last few dows. you can see that haze over the bay area. that is a look at the strong mid afternoon thunderstorms we had yesterday in the sierra. we're hopeful the upper level

ends with should push more of the smoke at least away from the central bay but the south bay seeing the smoke pollution high. the air quality forecast is improving slightly along parts of the north buy but areas of smoke lingering for the south bay. right now low clouds, misty skies. san francisco, 58 degrees. at around san mateo union, the school looking at temperatures close to 70. cool there up a day long. livermore right now, 58 degrees. and our friends in the livermore school district which got under way yesterday, highs in mid 80s this afternoon. there you see a similar view in san jose. 61 degrees. and later on today, around saratoga union, temperatures in the lower 80s as we move through today. low clouds a big part of the story into the east bay and parts of the south bay for the morning and then retreating back to the coast as we head through the afternoon. so highs around downtown san jose close to 80. mid 60s near san francisco. 76 degrees in palo alto. north bay temperatures near 76 in mill valley.

85 in forecast today for pleasanton. seven-day forecast moving forward shows tomorrow to be the warmest day. web, maybe not so much san francisco. not much change for you. low clouds and drizzle in through the weekend. there you go for the tri-valley. upper agencys in the forecast. that sea breeze picks up. things cool down as you approach the weekend. looks like issues in the south bay. maybe better news now. >> better news but not better speeds. most of the bay is looking great. smooth flow of traffic. the south bay and dublin, we have an issue. north 87, all lanes reported color now. we do see some recovery here. just north of that area. but south of here, 85 jammed up approaching capital expressway. and 85 build, 101. that build is pushing northbound. hope to see recovery for the parkway over the next half hour. southbound 680 moves well because the traffic held up here for westbound 580. crash around hacienda. let's look at the live camera. trying to clear the left lane. three more vehicles that have

been cleared from that left lab. hacienda and at daugherty. the right lanes are blocked from an earlier big rig fire. meanwhile, san mateo bridge moves well over to the peninsula. no problems across the span. just volume increase here. peninsula does move well. back to you. >> thanks, mike. 6:52. today san jose leaders need to consider possible modifications to the city's recent rent control ordinance. in june members agreed to a 5% per year rent hike cap. critics consider that amount too high. landlords can still petition the city for higher rent increases to cover capital improvements or debt service. today's meeting take place at 1:30. new details now on the massive price increase for epipens. the congress is now getting involved after puddle outcry. demanding answers after the skyrocketing cost of the epipens. the devices are used to prevent potentially deadly anaphylactic

shock. senators are sending letters to mylan asking the company to try and justify the increase. officials say the cost has gone up about 400% just in the last eight years or so. congressional members say they're concerned parents are not afford the pens for children right as they're heading back to school. mylan declined to comment on the price hike, instead blaming high deductible health plans. a former correctional deputy now sitting in the very same jail he used to try and keep safe. the charges against him that's putting an already embattled south bay jail back in the headlines. first, happening now, a new social media site called gab claims more than 10,000 people have already signed up. the network says it wants to bring free speech back to the web. read all about it on our facebook page. plus, nbcbayarea.com we put together a labor day to do list of all the 409 things going on in the bay area. we'll be back in two minutes. (scal): good day, m'lady!

i am sir-can-a-lot, here to save you from another breakfast bore. wake up those eggs with glorious spam! see what spam can! do... at spam.com here are the top stories on nbc bay area. welcome back. it's 6:56. before you head out the door, here are the top stories in nbc bay area. >> rob redell is live at the santa clara main jail where a former correctional deputy, bob, is booked accused of abusing an inmate. >> good morning to you, laura and sam. what's unusual about this case

is that the santa clara county district attorney's office passed on pressing charges against this former deputy here to santa clara main jail. passed on pressing charges two years ago. but over the past few months came to a different conclusion. yesterday filed charges p chans against timmy tree. had him arrested in his east san jose home and placed him in the jail he used to work. tree faces charges related to the beating of an inmate in october 2013 while he was a correctional officer. tree allegedly kicked an inmate in his head and face while trying to help a fellow deputy subdue the inmate who had become unruly. the inmate suffered cuts to face and broken jaw. the da's office declined to file charges back bach then for reasons unknown. flash forward to this past march. sheriff's office resubmitted the complaint. the d.a.'s office conducted additional interviews with inmates and five months later decided to press charges. a judge set bond for tree at $75,000. this isn't the only problem at

the jail. three other former deputies are facing murder charges. they're accuse of beetding inmate michael tyree. tyree was found dead about a year ago in his cell here. reporting live here in san jose, bob redell, "today in the bay." >> thank you, bob. only on nbc bay area, we have video of a fight during a san francisco cab ride. it ended with a passenger gouging the cabbie's eye. dash cam video provide bid sf super cab shows the passenger in the backseat. hard to make out but you can see the passenger do something to the driver. then seconds later, the cabbie starts to hit the passenger. the fight continues outside before police arrive. the passenger was arrested. the driver's eye is said to be okay. the passenger has not been charged yet. a little more civility is what we need. >> a lot more. >> 6:58. check of weather and traffic. pretty calm. not a lot of change in the seven-day forecast. >> no, no. i think tomorrow probably just a slight warmup.

the weather we're seeing outside this morning, copy paste into the weekend. temperatures today, 70s to mid 80s. slightly below average temperatures in the tri-valley. close to 80 around downtown san jose. >> thinking about the weegsd but still in the midst of the workweek. >> we are. as we look at your map, most of the bay looks good. san jose and dublin. zoom in to north 87. showing a slowdown. earlier crash northbound just north of curtner took a while to clear. recovering through the area but now the northbound commute hits the rest of the south bay. arrow shows you the worst. westbound 580 recovers a bit. one westbound at daugherty still there in the right lane. look at your camera and we had the earlier crash blocking the left lane at hacienda. live camera for west 580 shows a tow truck remaining. they're loading that last car to clear the scene. >> hopefully it will clear out. we'll be back with a local news update in half an hour. thanks for joining us this morning. >> all right. we're going the see you again as laura mentioned soon.

join us for nbc bay area news at 11:00. good morning. pay for play. donald trump asks for a special prosecutor to investigate hillary clinton after a watchdog group accuses of her of giving clinton foundation donors special access when she was secretary of state. >> i've become increasingly shocked by the vast scope of hillary clinton's criminality. on late night, clinton laughed off trump's unfounded claims that she's in failing health. >> it's part of the wacky strategy. just say all these crazy things and maybe you can get some people to believe you. deadly encounter. a north carolina trooper shoots and kills a deaf driver.