good saturday morning to you. last saturday in august. august 31, 2019. september begins tomorrow. make sure the rent is paid. we're taking a live look outside. communications hill in san jose. a little lingering fog is hanging out this morning. good morning, thanks again for joining us. i'm garvin thomas when will the

heat come? >> we will see it burn off quite nicely. it might it longer around san francisco, but you see that we have fog rolling through in san francis francisco. right now the 59 in fremont, oakland 58. so if you are up early and you consider where thinking of going on a hike, this is the time to do so because we will warm up in the afternoon. not much of an ocean breeze this afternoon. in fact the temperatures will be warming up. we have a bit of a warming trend taking over. and by 1:00, san jose will be at 82. this morning is the most comfortable temperatures to be like running. and if you are not running and you are just going to be outside this afternoon, the weather will be great, but make stlur ure ton the shade because we do have

some 90s. and if you are just waking up, what i recommend is sitting there with your cup of coffee and watching us and then take the dog for a walk or go for a run. an appeals court has overturned the one conviction begins the undocumented imgrant who shot and killed kate steinle saying the trial judge filed for give jurors complete je jean ellie has the story. >> reporter: garcia zarate was charged with her murder but his defense team says that he picked up a rag that had a gun in it and the gun went off accidently shooting steinle. a jury acquitted garcia zarate of first and second-degree murder but found him guilty of a felon in possession of a gun. his attorney appealed. the first district court of appeals overturned that

conviction saying that the judge failed to in-structure a jury to consider that he only momentarily possessed the gun. >> they decided that the judge in the state court prosecution should have given what is called the transitory possession instructions, and its is if you possess a gun for only a short period of time with the intention of no longer possessing it, then it is not illegal possession. >> reporter: the appeals court says a jury may have reached a different conclusion if they had had that instruction. >> the trial court had failed to in-structure on the only defense presented. >> shiure it was momentary, but during that moment, a murder was committed. so it was short but meaningful

and tragic. so that is why that instruction may not have been given. >> reporter: jean ellie, nbc bay area news. so the state has 40 days to appeal. if they decline, the d.a. will decide whether or not to retry zarate on the gun charge. double jeopardy does not apply. stay with nbc bay area for complete coverage, nbcbayarea.com. hurricane dorian is getting bigger and moving faster. it has strel thinked strengthe category 4, but the path is still uncertain. millions in florida are still preparing. first responders from the bay area are headed east to help. it is kind of now a hurry up and wait situation.

>> don't know how bad it will get. >> long lines at airports as flights are filling up with people hoping to leave dorian behind, others finding long lines there too. and many doing what they do every storm, riding it out. that means stockpiling food and water, filling up sand bags and boording up. president trump says that he will be closely watching hurricane dorian and many floridians will be watching how the president responds.swing state is expected to see some of the worst floodsing in years on "meet the press" tomorrow, chuck todd will interview hjulian castro currently running for president. >>hat haened to the generational change arguments? the four most likely president to be president is all over the age of 70. none of the next generation candidates have gotten traction. why? a question i have f cass he

troh monday others. and you can catchme t press" tomorrow morning at 8:00 a.m. a man has died, investigators say a 33-year-old new zealand man died while at the festival. this images captured yesterday on the live streaming camera. the sheriff's office is investigating the death as suspicious. hunt for a bank robber. this man walked into a golden one credit union, passed a note to the teller and demanded mondmoney on thursday. police are still looking for him this morning. apple has been hit again, thieves ransacked an apple store squipi i swipes thousands worth of goods. they were in and out in 60

seconds. we talked to the woman who taped the robbery who didn't want to be i'd on camera. >> they had two drivers, they parked in the middle of the street, got out, got back in and sped away. >> the thieves took tens of thousands worth of products. police have investigating it as a grand theft case. and a follow upnow to a story of recovery pop puppies. two have been recovered, one still missing. two huskies were given back thursday night after dog lovers spotted the puppies for sale and set up a buy and looped in police. the pitbull puppy is still missing.

if you have any information, you are urged to call sfpd. much more ahead. coming up, he won a super bowl ring, but james jones says this is his legacy, the honor who grew up for the hero without a home. and a $15 million home, why the new owners say they will tear it down. from the couldn't be prouders

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welcome back. hope you are enjoying your saturday morning. 7:10 this morning. taking a live look outside, is this a look from sutro tourer. we are told that the golden gate bridge is somewhere under those clouds. once homeless, now he has his own field of dreams. sam jones went on to become a super bowl champion but never for got about his humble

beginnings. >> let's start the season off right, let's get it done. >> reporter: grizzlies getting a pep talk from one of their most famous alums, james jones. wa and taking the snap on a field named in his honor. >> you dream of stadiums getting named after you. my kids, their kids, my grandkids. their kids. they can always bring them back here and say man, this is my grandfather's stadium. >> reporter: jones is a san jose natuive native. and he played nine seasons in the nfl, most of that time as a wide receiver for the green bay packers helping them win a super bowl in 2011. his child hood friends and classmates packed the stands looking on as he was honored. >> i know this means the world

to him because he played on this field even before high school. >> reporter: a classmate they say despite his fame hasn't changed much. >> oh, same friends he had in high school are his best friends now. >> reporter: and now this field named for him is part of a legacy he hopes will inspire up and coming students. >> i'm always the first to give back because at the end of the day when i was here, somebody gave back to me before you could be be home lrks lose your mom, your dad, whatever it is, hard work always wins. still much more ahead for you here. coming up, $15 million home in an exclusive bay area community, so why then could it be torn down? that is a lot money. and right now we have the sun coming up, temperatures will warm up, so i'll talk about your daytime miamis and shighs and

hurricane dorian coming up. i mean, if you haven't thought about switching to geico,

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communication hill, on a saturday morning. the fog will lift a little later. well be in the 90s in? spots. most people would call it a dream home, but owners who spent $15 million to buy it are letting this city will let them tear it down. >> reporter: when a homeowner buys a house to tear it down, it is usually failing. >> this is a waste of money. >> reporter: 2186 park side avenue in the up scale community of hills borrow is a two directory 6400 square foot home.

and don't forget a pool house, pool, croquet lawn, basketball and tennis courts. a gym, spa, two ponds and a guest house. just a name few. and the other thwner can't witn tear it down. >> it is crazy. peel have money to burn. >> reporter: just months after buyings mansion, the owner submitted splanplans to do demo and a build a new modern farmhouse style residence with detached garage. approximately 12,986 square feet. >> outrageous to can into a town and buy it for $15 million and tear it down. >> reporter: one neighbor tells the review word that we all have

a short time on this earth. this is something no one goes looking for. we tried to get in touch with the owners but you never heard back. that is one of those stories that you call it a talker. you are hear that story and you just -- ifsh heven has an opini. >> those folks that we interviewed, i rolled my eyes to anotherdy minks the amount of money that has already been spent. well, the sun will be shining so let's go exerci's do moderation. right now wind speeds are calm and high pressure will start rolling on in, and building over

central and southern california. so if you are traveling to l.a., expect triple digit heat. 60 right now in san francisco, wind speeds about 7 miles per hour. and we'll get a rit of the high pressure which is why that we will notice the warm-up. right now, again, high pressure you see building of course southern california. south bay will remain in the upper 80s. san francisco, 74, your coolest not being half moon bay at about 68. if you are looking to get away from the heat, santa cruz, beautiful beach day. and maybe you are heading up to lake take show.

look at how gorgeous. and your temperatures in through the afternoon are going to be very pleasant. by 1:00, temperatures in lake take show will be in the upper 70s topping out into the mid-80s. you can go out on the boat, really enjoy your weekend because it will remain like this not just today, but also through tomorrow and into monday as well. share your photos with us. and newow i want to talk about hurricane dorian. there were some developments overnight. right now it is still moving westerly at about 12 mifrn ales hour. and so it does show it passioning newpassion i -- passing near the bahamas. and now it show it is turning northerly. what that means is that it won't potentially make landfall for florida. however, we're still talking about the potential for some

very strong winds. monday night, it will pass just west of florida, and it will continue its track in through tuesday. by wednesday, passing by jacksonvil jacksonville. so still dealing with dangerous waters and the winds. but latest models again show it moving northerly east of florida. and next 7 days, look at the temperatures. 72 for sunday and monday for san francisco, labor day monday. and by tuesday and wednesday, we keep the high pressure dominating the forecast which is why we will also keep the warmer temperatures. but we do cool off just a bit by tuesday, 89 degrees. and in through wednesday, 87. hottest day is today. we keep 90s through tomorrow and into monday and then notice by next friday, our temperatures remain in the upper 80s. so we're still very much in our summertime temperatures. still ahead on "today in the bay" -- >> i'm lungky to be alive

really. >> a tennis blpro nearly loses s arm. he has a special thank you.

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giving back to those who have gone above and beyond. a common theme in our bayriesse ways change in which they do it. >> so we will go doubles formation, league serreal serve. >> reporter: joe sent so many years playing and teaching ten any. he can make a tennis ball do just about anything he wants to. including apparently to say thank you. >> i've learned that there is lot of good people out there. >> reporter: exactly one year ago while out on his motorcycle,

a driver cut joe off. >> this arm comes off, goes through her window. >> reporter: and nearly cut off his left arm. >> i could see the bone sticking out. i was like this is -- it is gone. >> reporter: he stayed calm through the whole ordeal and clearly remembers every bystander, first responder, doctor and nurse who worked successfully to reattach and eventually save his arm. >> i'm lucky to be alive really. stuff could be a lot different. you i would be having a different conversation. >> reporter: and brings us back to joe's tennis. first of all, thanks to savings arm, joe can still demonstrate to left handers how to play. and also it is the way joe chose to say thanks. this past saturday at the walnut creek send miss center, joe offered a free tennis clinic to any first responder who stopped

by. >> nice, dude. appreciate it, man. >> reporter: and while some did to say they appreciated the offer, none actually took him up on it. still, joe is just fine with that. >> it is all about the thought. >> reporter:s it is the sent, t the serve and volley that really mattered to him. much more ahead. coming up, people in the bay area moving out settles down. the action governor new zmg is ta to keep californians from leaving.

good morning, everybody. it is saturday, august 31. and it is 7:27 in the morning. and the fog is hanging out in san francisco. and the golden gate bridge is

under there somewhere. but the fog won't stay around all day. and it will be a beautiful day. thanks for joining us. >> and these are the kind of temperatures that you want for labor day weekend. but if you are inland, i hope that you have ac. we are talking about temperatures that will soar into the mid 90s. right now san francisco 61, and there you see the fog. once the fog burns off, we will see a nice warm-up. we don't have much of an ocean breeze right now. but the temperature change just a couple warmers in through napa, but more noticeable this afternoon. we'll be quick to warm. in san jose, look at that, by 12:00, 79 degrees. and then by 1:00, 2:00, we'll climb in the mid and upper 80s for the south bay.

but south bay won't see a lot of 90s. but in flew the tri-valley, that is where the hotter temperatures will be. there will be high pressure and i'll talk more about your daytime highs plus a look at your lake tahoe forecast coming up you. a stunning reversal. an appea court has overturned the one conviction over an undocumented immigrant over the killing of chait stekate steinl. the district attorney charged jose garcia zarate with her murder and the defense team saying that he picked up a rag that had a gun in it and that gun went off accidently shooting steinle. a jury found garcia zarate guilty on a charge of a felon in possession of a charge.

his attorney appealed and the conviction because overturned saying that the jail failed to instruct the jury that he only momentarily possessed the gun. the state has 40 days to appeal. if they decline, then s francisco d.a. will decide whether or not to retry zarate on the gun charge because charges were reversed and not dropped, double jeopardy does not apply. we'll have complete coverage of the steinle case. a death sentence, that is how a woman is describing the deportation issues ordered against her. she has been in the u.s. since she was 7. the 24-year-old has a rare disease that requires weekly treatments that she can't get in guatemala. but a change in immigration law

means her stay is over and her family f so is her life. here is her story. >> this is a treatment that i need once a week. for the rest of my life. >> reporter: this 24-year-old relies on a weeklyzyme to treat that stunted her growth and weakened her heart. the guatemalan native came to the bay area when she was 7 as part of a clinical trial. >> and if it didn't stop at any moment, i'm going to die. >> reporter: but now she has been ordered by the department of homeland security to return home. she and her family received a letter giving them just 33 days to leave or face deportation. the government has ended a medical deferred action program that allows patients receiving critical statement to stay in the u.s. >> it would really be the same

decision as if you were pulling the plug on a respirator. >> reporter: her doctor says without the enzyme treatment, she may only have a few months to live. >> if we can't find a way to keep her on therapy, it would be a death sentence. >> reporter: and this congressman says he is doing all he can. he has seemed up with other lawmakers to write leters requesting a review are you on her behalf. >> if i have to lock myself to the door, i'll do that. but this is ridiculous. >> reporter: i.c.e. in a statement says that it can't decide on a categorical basis to exempt an entire group of aliens from immigration laws enakd eeny congress. and she prays that they find an answer. >> if i don't, when i think about it, but like i could die.

i could die. >> reporter: in the east bay, jodi hernandez, nbc bay area news. hurricane dorian is getting bigger. it is now a category 4 storm and the path is still uncertain. millions across florida are preparing for a direct hit while dorian drifts right and out to sea. and it is now a hurry up and wait situation. >> not knowing where it will come, how bad it will get. >> long lines at airports across the state as flights are filling up with people hoping to leave dorian behind, others hitting the road. many are doing what they do every storm, riding it out. that means stockpiling food and water, filling sand bags and boarding up. families at east bay schools are scrambling to find a new school. epic middle school and latitude

high school must close at least for now. both are on property owned by caltrans and the agency says that recent plan to remodel led them to discover neither school had the proper permits. temporarily, a sigh everyocienc says they are taking some of the students. >> some of my eighth grade teach everies, at one point do we say that is the -- this kind of unstable situation is actually not good for the student population we serve. >> caltrans says that the sure is student safety and the school says that it is hoping someone will step up and offer a suitable place that will be a class for the rest of the year. don't be surprised if you hear horns blaring in the north bay. the smart train will be doing overnight testing checking warning devices including railroad crossing signs and train horns.

it happens overnight between larksburg and san rafael. and uber and lyft drivers are one step closer to being classified as workers instead of classified employees. you may remember a caravan of drivers protested in san francisco earlier this week, and they continued on to sacramento. to show support for the bull th bill that would give them minimum wage and overtime. if passes, they plan to spend $90 million on a ballot initiative to overturn it. last night governor newsome announced a new bill that would cap represent increases across the state. that bill still needs approval, but it may be too late for many. here is more on the exodus. >> reporter: moving day for

oakland's able olson is dreadful. >> pretty stressed. pretty depressing. >> reporter: he recently lost his job and then his home after his landlord decided to sell. he is moving everything into storage and couch surfing until he can find a new place. >> i am resigned to that i'll give it at year and if i can't make it work, move back to portland or new orleans. >> reporter: new data from the u.s. census bureau says more people are moving out of the bay area than moving in. the five count cities together lost more than 35,000 people between 2013 and 2017. not counting births and people coming from other countries. one in three were from ala mmed county. >> a lot more than we have folks coming from out of state. >> reporter: rock and roll

moving says that his customers are fleeing alameda county in search of cheaper homes 37. >> >>. >> i see a lot of folks going to texas, arizona, nevada. we just helped someone move to oregon. cattle in-situativasion is . we had told you good the rogue cows creating big problems on lawns, breaking sprinklers. after our imal services got up and rounded up the cows and took them back to their home. still ahead, the as going to the bronx and take on the team with the best record in baseball. sports is next.

now to sports. as in the bronx taking on the yankees. a pair of lefties on the hill. bret anderson for the as. and cc sabathia for the yankees. top of the seventh, seth brown singles to right and drives in a

run. as up 6-2. bottom of the ninth, yankees trying to rally, and check out this great play. that is your ball game. as win 8-2. and in san francisco, giants hosted the padres. xw bumgarner looking to keep up. giants get on the board first with this two run homer. and now to the top of the seventh, bumgarner cruising with a two run lead as he strikes out the batter. final score, giants win 8-3. coming up on "today in the bay," going to court over chicken. a popeye's customer is suing the chain, we'll tell you why. and that which i can chickei still haven't tried it. 60 right now in san jose. by 2:00, we are talking upper 80s for the south bay.

but i'm also tracking 90s for the interior valleys. we are here to discuss jessie's online time. and out of respect, we will let you make the first offer. thirty minutes. thirty minutes? objection! overruled. one hour. sweeten the deal by doing the dishes and i'll consider it. i wouldn't do it. i hate the dishes.

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we have beautiful skies over-san jose. a live look right now, current temperature is 60. and we will see some of the fog rolling through san francisco. and you can enjoy it with this san francisco cam. look at that, off in the distance back there. now, once the fog burns off, san francisco can expect a pretty police anleasant afternoon. and we do have high pressure that is building over southern california and central california and that is also going warm us up. but if you are traveling down s grapevi grapevine, expect triple digit heat in some parts of l.a. we will seeing 90s and upper 80s for san jose. 88. 90 some of the hottest temperatures will be in areas

like walnut creek. livermore, 94. pittsburg 97. so nearing the triple digit mark. oakland, 79, a little more comfortable. low 80s for redwood city, palo alto 86. and if you are in san francisco, comfortable weather, 76 degrees. now, once we see this marine layer sort of burn off, we do have a bit of wind speed action going on. san francisco tends to be very foggy all day, but today a mix of sun and clouds. north bay, 94. a no sonoma, 88. pt. reyes, a cool 69. a night range of temperatures there. and you will be heading out to lake tahoe, it is labor day weekend after all, expect skies like this through sunday and into monday. you can see that we have beautiful skies, lakes looking beautiful, the temperature will be in the 70s. 78 by 1:00. and then it will warm up into

the mid to low 80s for today. same conditions through tomorrow. so hopefully you enjoy your weekend in lake tahoe. no more snow up there. pacifica, i know people will be heading to the beaches. this is one of the coolest spots including areas like half moon bay. but notice that once we get the cloud cover to burn off, we will get plenty of sunshine. we'll remain in the upper 60s. might everyone hit tn hit the 7 mark. so a great weekend to hit the beam through monday as well. and if you are lucky enough to get monday off, you will continue to enjoy the 70s. 72 by tuesday and wednesday, we'll remain in the 70s as high pressure hangs on tight through the san francisco area. and inland we'll keep the 90s in the forecast for tomorrow, 93. labor day 91. and tuesday and wednesday, we cool off a tad but still warm up into the upper 80s. wednesday 87.

and notice those overnight lows remain cool but pretty mild. still in the 60s overnight. so open up your window and get a bit of florida that ac a break. still ahead, north bay fire wick vehicle tims face another set back in rebuilding. what they are up against and a warning for you. ictims face ano back in rebuilding. what they are up against and a warning for you.

the 2 year anniversary of the north bay fires is right

around the corner. and it is an unexpected deadline for many families whose homes burned down. several have told ours have gator that their insurance companies are cutting them off. >> reporter: brad's home is almost rebuilt. >> it has been a challenging process from the very beginning. nothing has been easy. >> reporter: and like thousands of other, brad has been building here while renting elsewhere and only making ends meet thanks to insurance payments for temporary housing. what agents call additional living expenses. >> ale saved us. >> reporter: brad expected ale to continue until his home was complete. but it turns out that insurance contracts aren't written that way. brad says his company all state and some others will stop paying temporary living experiences at the two year anniversary of the fires regardless where their homes are ready for move-in. brad feels that that decision ignores the delays in debris

removal, permitting and construction so many families faced. >> it was pretty well stated in the first few month after these fires that this is not going to be just a regular rebuild process. >> reporter: brad figures that he might miss are a moonmonth o assist lose out on a couple thousand dollars. you think you are lucky? >> oh, god, yes, sir. my next door neighbors are just getting started. >> reporter: the north bay won't be fully rebuilt any timing soon. just 50% of the homes that bu burned in october 2017 will be rebuilt by the end of this year. >> i just keep thinking that i want to go home. >> reporter: over in nights valley, construction is just starting on madonna's home. >> if i'm fortunate, perhaps next spring. >> reporter: and yet she says state farm is about to cut off her temporary living expenses much sooner at the two year

anniversary of the fires. monthly rent on nearby homes soared and now hovers around $10,000 a month. madonna feels that she will be in the hole five iffigures unle state farm extends her benefits. >> they should take care of me until i'm home. >> reporter: currently california law entitles homeowners for three years. but at the time of the fire, just two years. so that is the amount that the insurance companies determined their rates. janet is with the institute. >> the legislature did give the 24 months. and so that is what the contracts say. so you know, we do have to adhere to contracts. >> reporter: not necessarily. the insurance commissioner sent insurance companies this letter saying that they can and should go beyond their contracts and

extend ale to 3 years for the north bay fires. some have, but not all. why not just extend the aale as long a it takes? >> that is a great question. and what happens is each claim is unique and evaluated on its own merits. >> reporter: we asked state farm and allstate to reevaluate madonna's and brad's cases. and we never heard back. >> they need to take care of their clients. we relied on they will when we without their insurance package. >> reporter: brad has an invitation for the insurance companies that are cutting people off. he wants them to pay ais have it to the many half built homes and empty lots in the north bay. >> come take a walk through here and see what it is really like. temporary living experiences are usually built into homeowners and renters insurance policies. so read your policy and asken an agent to decipher the lingo for you and figure out how much that

you will get and try to determine whether the amount would be enough to get because being on your feet. if you have a consumer complaint, call us, the number 888-996-tips. or nbcbayarea.com/responds. if you drive a ford, you will want to pay attention to 24, the company is recalling more than half a million trucks and suchs. the problem, the seats might not hold someone in place during an accident. the recall covers all f 150 trucks, 2018 or later. and some expeditions, expfloor explorers and aviators. they are listed on our website. have you heard the hype about the upon epopeye's chicke sandwich? a tennessee man is so upset, he is suing for $5,000 claiming that he wasted countless hours searching for the sandwich which has been selling out almost

everywhere. he says that he was even hustled out of $25 after answering a craigslist ad. no comment from popeye's. coming up on "today in the bay," our clear the shelters segment featuring pets in need. we'll introduce you to noodle next.

welcome back. time for our clear the shelters segment with our friends from pets in need. al and anna marie are here with noodle. so obviously noodle is beautiful. a husky mix? >> husky mix. about ten months old. >> and tell me more about her because she is special. >> yes, she is. i'll let anna marie give you the background on little noodle. >> right now we have her chewing on something because she does get mouthy. she came into the open

admissions shelter as a stray and at the time of intake, we noticed that she was cross-eyed and blind. and so we were like okay, we can handling a blind dog. and then about a couple days into her stay, she had a seizure. so we said oh, no, now there are seizures. so we ended up giving her an mri which discovered that she had two detached receipt receipt in a -- retinas which is the cause of her blindness. so now she is on seizure medication and she will always be blind. detachedtinas cannot be fixed. she is a happy dog and she does explore the world with her mouth. but she is a super sweet dog and very playful. >> and two questions.

if someone were looking to adopt noodle, how should she approach it? this isn't a normal adoption. >> yeah, they would need to spend a lot of time talking with anna marie or somebody else at the shelter that has a lot of experience with noodle because there will be medications that she will have to take for her entire life. and medical care that needs to be addressed on a pretty regular basis. >> and the more larger question, is special needs dogs, you get more than your fair share? >> since we started operating the open being a set shelter, we're seeing more and more dogs line noodle. people just get tired of dealing with medical issues or maybe a dog or cat is a little more than they anticipated and they just let them run around and acos find them running on the streets. >> but there are rewards of taking care of one. it can be fantastic. >> and as a no-kill shelter, our

commitment is no matter what the medical issues are, we will take care of them. >> thanks al and anna marie. and thank you for you joining us. pets in need.org. .

announcer: when you see this symbol you know you're watching television that's educational and informational. the more you know on nbc. josh: today on the voyager, i make an awe-inspiring climb up auckland's famous harbor bridge. oh, look at this, the views keep getting better. britt: that they do. josh: see if i have what it takes to herd sheep. there you go! oh, no, no, no, no! no! and take the helm of a world class racing sailboat. we're at a serious tilt right now, aren't we? andre: you've got thboat ming ry well. josh: my name is josh garcia. ever since i was a kid, i've dreamt about travelling the world by ship, immersing myself in new cultures, and exploring nature's