there's mystery this morninovert foothills of san jose-- a shooting investigation. there's mystery this morning over a violent crime in the east foothills of san jose after someone is shot at a neighborhood gas station. a deadly crash that could lead to new laws on impaired driving. we're learning more about the scarred driving history of a deputy's wife who killed a young child driving impaired. lombard street changes on the crookedest street in the country. "today in the bay" starts right now. a very good morning to you. thanks so much for joining us. i'm laura garcia-cannon. >> i'm sam brock. at this time yesterday, 24 hours ago, we actually saw a little drizzle out there.

>> clearer today. >> and snow in the sierra. we've got temperatures that are quite chilly as the low clouds have moved on. waking up to 40s pre sunrise. right now 50 degrees in the north bay, around napa, 55 in livermore today temperatures starting the climb up. we're starting to see 80s, mid 60s in san francisco. 90s in the seven-day forecast as we have the temperatures on the rise back to summer-like levels over the next couple days. we'll look at the forecast coming up and traffic in a few minutes. >> thank you very much, rob. a police investigation under way after someone was shot near a gas station. >> "today in the bay's" kris sanchez joining us live from where this happened in the east foothills. where can you tell us? >> reporter: this is a pretty well-lit gas station. as we were walking around near sierra and piedmont, we did see

dark domes covering surveillance cameras. it's possible that san jose police may have a lead in the investigation because of surveillance video. this was the scene just after 10:00 last night when police were called out for that shooting that happened just after 10:00. our crew on the scene reported it appeared the investigation was centered around a car near one of the pumps. we do know one person was shot, perhaps in the abdomen and in the leg, but because of health privacy laws we cannot say at this point what that person's condition is. police have not revealed to us whether there is a suspect description that they want the public to know about. this is sierra road near piedmont road in east san jose. it is sandwiches between a san jose fire station right across the street and a post office which is right next door. now, this is a pretty major thoroughfare, so it is possible that there were people in the area even though it was after 10:00 last night f. you saw anything, make sure you call the san jose police n. san jose,

kris sanchez, "today in the bay." >> thanks for the latest, chris. new details about the woman who slammed into a parked car killing a 3-year-old boy. california highway patrol revealed that the woman, an alameda county sheriff's deputy's wife was under the influence of drugs, not alcohol, during that crash. this isn't the first time she's been arrested for driving while impaired. court documents show she was arrested for dui in pleasanton in july. she had a child in the car at the time. now many are wondering how she was able to keep her driver's license. >> we do not take a driver's license for a drug-related dui because of the way the law is written. >> i don't know the lady out of jail. she didn't learn the first time. >> as the investigation into this crash continues, communities are coming together to mourn the young life lost.

there is currently a gofundme account in elijah's name, already generated up to $68,000. >> hopefully that family gets some help. 4:34. an elderly woman brutally bite ten beaten in her own home. authorities say flo douglas says two hispanic men broke into her home early monday morning. they then attacked her and then came back and attacked her again. flo douglas is back in the hospital with several facial and head trauma injuries. the suspects stole her car and abandoned it down the street. that's where a neighbor found douglas. >> it was horrible, horrible. poor thing. she didn't deserve this. she's a sweet person. >> she remembers being assaulted, a period when they were gone and then came back and ransacked her house. also stole jewelry from her

person. >> douglas is 88 years old. her neighbors continue to check on her at the hospital and are praying for the best. an 18-year-old man is facing a slew of charges after he led officers on a chase in the south bay. officers arresteder nesto garza yesterday. police say garza struck another car after speeding away and later through his gun from that car. that was later found. he was arrested without incident. 43 years later and a break in the case. there are two new suspects in a 1973 double murder. investigators say 12-year-old valerie lane and 13-year-old doris derryberry were killed shortly after they vanished after a shopping trip. their bodies were found on a dirt road 35 miles southwest of sacramento. officials recently found a dna match for 65-year-old larry done

patterson and william lloyd har ber. both men are now in custody. one of the few streets in the bay area that we all know, and that's the problem. the people who live on lombard street say they've had enough. they say the tourist traffic is getting out of control. frustration boiled over at a community meeting. what used to be a weekend inconvenience of gridlock traffic and people spilling onto the streets is now a daily event. >> it used to be every weekend -- >> for the past two years it's been awful in the summer, on weekends and holidays. so we often can't get out of our driveway. >> the san francisco county transportation authority says it's time to manage the 2 million people visiting that block of lombard every year. the agency is now exploring new traffic control. the options include closing the street to vehicles, a reservation system or even

charging a toll. the transportation authority is going to consider the feedback and forward some of the ideas to the board of supervisors. >> twice the population of san francisco visiting that every year. up next, we're in to fall almost officially. let's check in with rob in for kari on maternity leave. >> we saw the temperatures cool yesterday. today clear skies. when 90s could be back in our forecast coming up. >> mike will join us for a look at that morning commute, see if there's any traffic backups out there. plus a facebook app for stanford goes viral and a student becomes a target for hate.

==sam/cu== two people are now behind bars accused of spray painting racial slurs on an antioch home then torching it. =take chyron this morning two people are behind bars accused of spray painting racial slurs on an antioch home. they're accused of throwing three molotov cocktailsality that home last wednesday. as far as what prompted this, police say it started with a dispute between someone at the home and one of the suspect's relatives. court documents accuse the two of plotting to murder and torture the family at least a week before the crime was committed. they face multiple charges including murder, mayhem and torture, all

with hate crime enhancements. >> i don't know why they did what they did, however, it's a crime of hate. it's not acceptable. >> both suspects are being held on more than $1 million bail. at 4:41. a stanford student is being targeted after a picture of her at a football game showed up on facebook. it's not what she was doing, but what she was wearing, a hijab. the picture eventually turned up in an ad promoting a vip football experience. that's when the insults and bullying started. yousef quickly fought back. >> why do they think they can dictate what i can do as a woman, as a black muslim woman. >> she also tweeted out some of the insults, eventually finding far more supporters than detractors. she credits strong support from students and administrators with

helping her through. olympic gymnasts up against a new rival this morning, hackers targeting their past. but the questions are who and why. ==4 shot==

toss to weather and tic weather and traffic now on your wednesday. yesterday we were talking about was a little wacky. less wackiness today. >> when you see snow in the sierra, today we're seeing things back to average right now. numbers in the 50s out sigh.

but may see a few mid and upper 40s around the north bay and tri-valley. mostly cloudy skies as we show you san francisco, 59, a high of 66. did you know on this day in 1971 it was 101 degrees in san francisco. so be thankful we're not looking at a forecast like that today. patchy low clouds, mid 60s today, 70s in reach. san jose meanwhile also staying mild today, mid 70s to upper 70s for highs. average highs should be in the low 80s. that is a view from kirkwood yesterday. that weather system has moved away. behind the system we're seeing temperatures climb a little bit. upper 70s and low 80s. peninsula temperatures looking nice with mid 70s. upper 70s around the north bay and low 80s today around the

tri-valley. from here now, as the low continues to move out, thursday into friday, we'll see our temperatures climb up. coastal areas, too, we'll see a chance rising into the 70s as we approach into the weekend. check out san francisco now. low 70s as we head into saturday and sunday. it looks more like summer again, numbers into the 90s as early as friday, staying in the upper 80s through this upcoming weekend. >> we'll look over here, minor delays to start the day for b.a.r.t. riders. about ten days, probably less. overnight track ratings is typical. we'll track this to let you know about anything bigger. meanwhile we'll take you to the tri-valley. a pallet in the roadway has been reported. looks like a traffic break from the speed sensor cameras. most of the commute comes westbound 580 past an earlier crash at hacienda. chp cleared that seconds ago. we'll go over towards the peninsula crossing the san mateo

bridge. 101, no delays there. samsung is forced to make changes after the massive recall of the galaxy note seven. >> for more on that let's turn to landon dowdy live at cnbc world headquarters. good morning. >> good morning to you both. it's been one day up and one day koun for wall street. futures are higher this morning. stocks split on tuesday as the gains didn't stick. margts were affected by a steep drop in oil prices and continued anxiety over whether the federal reserve will hike interest rates. the dow falling 258 points to 18,066. nasdaq down 56 to 5,155. meanwhile samsung says it will perform a software update to limit the battery charge on its galaxy note 7 phones. right now it's only available in the market of south korea.

reports of batteries catching fire, regulators are urging consumers to turn off the phones, leave them off. and samsung is running ads in south korea apologizing for the recall. mark zuckerberg is taking the, i'm going to give all my money away pretty seriously. the facebook ceo has sold nearly 300 million in stock over the past month, promised to give away most of his stock away to charitity. he owns about 400 million shares. >> practicing what he preaches so far. the bay area sure has the out of this world housing prices. when it comes to the 50 states, hawaii has california beat. the new report ranks states listing for four-bed, two-bathroom homes. hawaii at the top of the lits, mass ch massachusetts was second. the same reports 11 highest

priced individual locations all in california. seven of those 11 in the bay area topped by saratoga, we've heard it before, at number one. that's out of more than 2,000 u.s. markets. detroit is considered the most affordable. while u.s. household incomes surged last year, it appears more californians are being left behind. median u.s. household incomes rose, the highest yearly increase since 2007. at the same time high real estate costs are still hitting home for californians. the golden state recorded the highest poverty level in the nation with about 20% struggling to afford their basic needs. former nsa contractor edward snowden is going to appear via video at a press conference in new york city. snowden has been in russia living in political asylum since he leaked classified information about the u.s. government. he now makes all his appearances by video hookup. today marks the launch of a campaign urging president obama

to pardon him. the movement is supported by the aclu, amnesty international, human and rights groups. some olympians including simone biles have been targeted in a cal hacking attack. the world anti-doping agency says russian hackers broke into its database and stole medical recorders from olympians including biles and serena williams. they posted what they call therapeutic use exemptions. some athletes are allowed to use for legitimate reasons. the ioc calls the attack a smear campaign after many russian athletes were ban friday the rio games. >> you've got to have seen that coming. you go after the russians, and the russians want to now set the stage and embarrass some other countries to say, hey, their athletes are doping as well. you knew they were an organization definitely on the radar. >> u.s.a. gymnastics confirm biles' medical records were

stolen, also saying she did not break any rules. remember the story of anthony ervin, the u.s. swimmer who won gold in rio in the 50-meter freestyle after a 16-year gap. >> don't count him out. last night ervin was in berkeley promoting his new book "chasing water." he won gold in sydney back in 2000. it took him 16 years to get back to the top with a story of self destruction and redemption along the way. >> the weaks and insecurities i had to contend with in order to keep moving forward. >> he won two golds in rio including a relay medal. in his book he credits really great people for helping him get back on his feet. now time for us to get up and off the couch. a new study that says not exercising could be as bad as smoking. plus happening right now, vin scully says the last ball game he's going to broadcast is

the l.a. dodgers regular finale in san francisco regardless of whether or not the team reaches the play-offs. you can read more about that story right now on nbcbayarea.com. plus giants star buster posey posed for pictures and signed autographs and made bed-side visits to young cancer patients at ucfs children's hospital. go buster. vector control teams will be out

in the south bay late tonight .. spraying to combat west nile virus. ==railmap== fogging will begin at 11 p-m .. in an area of milpitas vector control teams will be out tonight spraying the combat west nile virus. fogging will begin in milpitas around interstate 60 and highway 237. that's where there's been confirmed cases of mosquitos infected with west nile.

tonight's spraying is scheduled to wrap up before dawn. zika continues to spread in florida. state health officials say they found six new locally transmitted cases of that virus. that brings the total number of zika cases that originated in the state to 70. florida health officials say they believe the cases are isolated to two small areas of the state, the win wood neighborhood in north miami and meech. crews are currently spraying both areas with insect fieicide. there have been 634 travel related cases. in all, 86 pregnant women were infected. 77 mayors from across the country including here in the bay area are urging lawmakers to break the zika deadlock in krochlt. seven california mayors including ed lee of san francisco and glenn hendricks of sunnyvale signed a letter that blames lawmakers persistent in action for lack of funding.

they've been forced to divert millions of funding in cancer and heart research to zika research. more proof when it comes to living longer, being fit is one of the key components. >> you have to find the time to carve out a few minutes every day. the latest study out of europe finds being out of shape can be almost as deadly as smoking. the study tracks middle-aged men. researchers found being unfit took a huge toll on those men's lunges. that often had a toll whether or not the person smoked or had high blood pressure or cholesterol or any other underlying conditions. >> the body's ability to retain oxygen, circulate the oxygen and get the oxygen throughout the body to muscles so we can move around. >> experts also say aerobic activity can also have other benefits includes improving your overall quality of life and the body's ability to handle traumatic situations. >> and releases the serotonin for you. coming up, changes could be coming to the crookedest street

in the world. rob has a look at the forecast. >> changes in the forecast as we look at a chance of 80s in the forecast as 90s are also now part of the seven-day forecast. a look at that coming up. your live look at 880 through oakland past the coliseum, no delays here. talking the rails and a breach coming up. the shooting at a gas station in the south bay. what we're learning only hours after this happened.

jose with at least one person hit. we're tracking the latest from the scene coming up. =pete/vo shots fired overnight in san jose with at least one person hit. we're tracking the latest from the scene coming up. in walnut creek, the grandfather of a 3-year-old killed by a suspected drunk driver is calling for changes to california's laws to make sure it doesn't happen again. details coming up in a live report. plus it's a street everyone knows about. folks flock there from all over the world to see it. why it may soon cost you to take a ride down lombard street. "today in the bay" starts right now. good morning on this wednesday. thank you so much for yoining us. i'm sam brock. >> i'm laura garcia-cannon. all right. you're halfway there, halfway through the week. certainly felt like fall yesterday. is that going to continue?

>> we're seeing the system that brought snow to the sierra and light rain to the bay area. this is going to transition us from some very cool temperatures to summer-like numbers. numbers now in the 50s, later today low 80s inland, 76 in the north bay. notice the sunset, 7:18. days starting to get shorter. hopefully your commute is shorter. >> off the commute between 7:30 and 8:30 in the south bay kicking in. right now not a problem on the roads. b.a.r.t. with minor delays out of daly city. the bay bridge, we also have reports of a hand truck falling off the back of a truck there around treasure island. there may be a quick traffic break as we look at the bay bridge toll plaza, we don't have a major ildup, but there's traffic coming through. a developing