right now at 5:00, looming legal trouble for one east bay police department. the class action lawsuit about to be filed in hours. facing a judge. the charges three men now facing following a deadly freeway shooting that killed a 5-year-old little girl. lighting up. a live report on the increased security and final preparations as thousands gear up to celebrate 420 in san francisco. this is "today in the bay."

thank you for joining us on this thursday morning. i am kris sanchez. marcus washington has the morning off. >> it's good to have you. i am laura garcia. cinthia pimentel is tracking weather today. >> we are starting off with clear skies, so if you have a chance to step out in the sweater or blanket, check out the layerid meteor shower. a cool sight to start off this thursday. the temperatures, the warm-up begins today. if your weekend starts today, look at that, 70s in the valleys, and we will talk more about your weekend warm-up in a few minutes. i want to go to the altamont

pass? >> yeah, folks won't be shocked to hear about the slowing, and the altamont pass is where we see the slowing. we see a lot of focused slowing between grant line road and north flynn. we have seen a build coming off 205. i don't see anything on the cameras that i can catch a glimpse of causing the backup. i think there may be a disabled vehicle in that area just before you get to north flynn. we will track that. right now registering at 40, 45 minutes out of the altamont pass towards the interchange. meanwhile, a smoother drive across the bridges. overnighta hazardous material situation in oakland. it's ongoing right now but started as a traffic stop at 1:00 this morning not too far

from laurel ridge community church. a driver was arrested on an outstanding warrant and investigators say they found chemicals and glassware in the trunk of the car. hazmat crews were called out and some lanes and bike lane are still closed because of the investigation. but there is no public threat. bay area civil rights attorney, john burriss, is expected to make the announcement. the fbi discovered homophobic and racists text messages from officers. 45 officers are under investigation. the press conference will be at 11:00 this afternoon. this morning, san francisco is gearing up to host 440

festivals at hippy hill and golden gate park. >> emma gosk is there with more details on what we can expect. we had one post pandemic celebration, but this is the next one. >> reporter: that's correct, laura and kris. the city is expecting 20,000 people to come here to golden gate park today. the event opens at 10:00 a.m., and we are expecting the biggest crowd to grow in the afternoon, especially when the clock strikes 4:20, which is the big moment of celebration. this is the second year legal onsite cannabis sales are permitted. they have been working for months to keep the city sanctioned event safe and peaceful. a representative from the city said it was hugely successful last year after taking two years off due to the pandemic.

>> it's always a peaceful event but draws about 20,000 people. it has been a massive coordinating effort between the city and organizer. >> reporter: there will be 100 security guards, 163 portable toilets, extra parking patrol officers and, of course, a robust cleanup crew. the city is encouraging people to take public transportation rather than drive. there is free muni shuttle service today. because there are sales and consumption of cannabis here, nobody under the age of 21 is permitted through the fenced in area of golden gate park today. reporting live in san francisco, emma gosk for "today in the bay." >> thank you, emma, and thank you for the reminder that it's 21 and up. you have to be 21. people in a south bay neighbor are demanding answers after a man walking his dog was

shot and killed in broad daylight. it happened yesterday around 2:00 in the afternoon near blossom river drive close to blossom hill road. neighbors say after ten gunshots, they saw the victim, 42-year-old, jorge torres laying on the ground. the community is in mourning after the loss they say was a leader of the community. >> he was the neighborhood watch. he would do anything for anybody. >> my girls saw him as a second father because he was always there for them. >> police are urging the public to come forward with any information. this is the ninth homicide of the year in san josé. and then the suspects tied to a freeway shooting that killed a 5-year-old girl are set to appear in court. all three are facing murder charges. the two on your left are a

scheduled to appear for a probation hearing. the family was driving on i-880 when she was struck by the gunfire. the shooting was a case of mistaken identity. and then a grand opening is planned for today in helping those try to make it in the bay. mulberry's mayor is expected to attend. the gateway at the transit village includes affordable housing and apartments, and a

ceremony will start at 11:00 this morning. taking a live look at san josé. it felt mild as we were walking into the studio this morning. inside is a little different story, but there is no forecast for that. cinthia pimentel is here for us. let's take it out to dublin. we have clear skies as people are making their way to work or wherever the day is headed for them. we will see 60s and plenty of sunshine. a good day to take your lunch outdoors. san francisco, a beautiful look downtown right now. as we go through your day today, i know there are a lot of events taking place in san francisco. we will talk more about all the weekend events and the warm-up coming up in a few minutes. mike, you are helping people get around with cheaper gas prices. >> yeah, i am having trouble

finding prices that were bargains from a few weeks ago. platinum gas on washington street, 4.15. washington avenue, 4.25 is the low there. and then we have marin county, the best deal on redwood highway, it's 4.29. we used to go to that section in mill valley for lower prices, but it has been tough in the last week or so. the travel time at the bottom of your screen here, it's 41 instead of 44 minutes. things are loosening up for whatever is going on westbound 580. see the sensors go from red to yellow, that means whatever is happening is loosening up there. that's progress, but it's a tough drive out of tracy. traffic is lighter at the dublin interchange. >> thank you, mike. a big upset for some

festivalgoers. next on "today in the bay," the headliner that pulled the plug this weekend for two performances at coachella, and who got the slot instead. and we will bring you the rocket launch in texas. no remote? no problem. the unique solution one couple decided to take after the garage remote broke, and it has us remote broke, and it has us feeling a little

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at 5:12 on this thursday morning. good morning in burlingame, if you are headed to work or school, grab a light sweater. but as the afternoon rolls on you might replace it with sunglasses and short sleeves ahead. more on the weekend, coming up. good volume of traffic. great speeds for both directions. you see the signs in the express lanes, you don't need those right now but take your fast pass because you will need it later. and then tesla reported profits, and tesla has cut prices on its cars six times so far this year and is hinting at number seven.

tesla said it will have more opportunity to sell self-driving software at a premium. the tesla model y is the best selling car in california, and then the second is model 3, and then toyotas the rest of the way down. janet yellen will speak about the economy and china today. prepared remarks show she will say we need to prioritize security. it's a bit more hawkish of a tone for her. live pictures from texas where spacex is preparing to launch the second attempt of the more powerful rocket ever built, and even more powerful than "apollo

5" that sent astronauts to the moon. spacex ceo, elon musk is so into marijuana jokes the "new york times" actually considered whether musk deliberately chose april 20th to light the rocket. he likes the number 4/20. he chose today to start removing the blue checks from verified twitter accounts. we have not seen evidence of this yet. celebrities still have their blue checks, and beyonce said she will not pay for the blue check, with no background check or verification on the new system, the real beyonce will not have a blue check, but somebody claiming to be beyonce if they have 8 bucks could have a blue chuck.

you know my plan with laura garcia online -- >> oh, no, wait a minute. >> the craziness i will tweet. >> you will know it's not me. >> you have a fun sense of humor, right? >> i don't know if you are paying 8 bucks or not. i am not. imagine you don't have a blue check, but somebody with -- >> it's absurd. >> what could possibly go wrong? >> with all the a.i., people could manufacture things and stuff like that, and it has your name on it with a check mark. horrifying. >> thanks for that. >> you could have a defamation lawsuit, maybe, if you can track it down of who is doing it. >> sure. >> just sayin'. >> thanks. it's 5:16. trending this morning, a major coachella headliner backing out of a performance the second weekend of the big coachella music festival.

♪♪ >> frank ocean will not be performing. ocean suffered a ankle injury before last weekend's performance, and he was able to perform but fans were not pleased with the low-energy performance. come on, the guy was hurt. he was supposed to headline and close out the festival on sunday. blink-182 will now take his spot. >> not the same. i thought you said billy ocean for a second. i thought, "caribbean queen" at coachella? >> that generation doesn't know what we are talking about.

and then this one had scott laughing in the news room. tiktok user's garage door broke so her boyfriend had to channel mario. take a look. >> the sound effects is what makes that great. >> he has to go past that sensor, sometimes clearly more successful than others, but his attempt to make us laugh certainly were. we don't know if the remote got fixed, but we hope it didn't. i love when couples make the best of it. it can ruin your day or you can laugh together.

>> i think they need to add that to nintendo world. >> garage world. >> pack up the kids and take them there, knock yourself out. >> as a younger generation, i thought you were combining billie eilish and frank ocean. >> very good, producers, i am sure that is why they did that. >> get out there and sing, whatever song, it's going to be beautiful. right now you might want to bundle up if you are in santa rosa. 39 degrees, and 38 in fairfield. if you are headed to work, good morning in mountain view. chilly to start the day but then look at that, by your lunchtime hour we are seeing the sunshine return in the 60s and only getting warmer from there.

our highs today, a lot of 60s on the board. a lot of 70s and sunshine as you make your way down through the santa clara valley. this is not the only warm day we are having. tomorrow 80s return to the board. mostly as you make your way into the inland valleys, and then 75 for you in oakland and in hayward. on saturday, one of our warmer days, continuing the warming trend. high pressure will keep our skies clear into the weekend, so make the weekend plans now and remember to stay hydrated as we go through the next couple of days because we have not seen these warm temperatures for a while. we are on a gentler roller coaster with the temperatures as we go into santa rosa. it will be a touch cooler as we start next week, but nonetheless, beautiful weather in san francisco to enjoy your weekend, and if you decide to maybe stay inland, your neighborhood will be beautiful,

too, to celebrate earth day. mike, where are we headed on the roads? >> if you are having trouble with the garage door open, don't worry, it's a smooth drive. all of these roads moving nicely through the area. slowing approaching the carquinez bridge. that kicks in about now. we should see slowing on highway 4 in the next 15 minutes. there's a blip around the dumbarton toll plaza. yesterday there was a crew there, and i will check to see if there's a crew there today. back to you. >> thank you, mike. next on "today in the bay," "nbc bay area responds." >> a fake final notice from a fake warranty company, and real people shelled out real money. i am consumer investigator, chris chmura. is your non-profit to create change in the bay area. time is running out to apply for

a local impact grant. we are working with nbc stations across the country to award $225,000 to non-profit groups focused on making a lasting change. applications are open until this fray. youid

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5:24 now. a follow-up to the shooting at the home depot store where a store security worker was

killed. friends of the victim are talking about his life that was cut short. authorities are saying benicia knapps shot the victim after he confronted her in the parking lot about stolen items. the man on the right is said to have given the getaway car. benicia knapps' 2-year-old daughter was also in the car. friends are in shock over what happened. >> he would have given the guy whatever he was trying to steal and paid for it himself if he could of. >> he said blake mohs was 20 years old and engaged and in the process of planning his wedding. he had big plans of one day becoming a police officer. sad. >> very sad. what are we coming to? if you paid for a home warranty over the last three years, the state says you may have been misled. >> if you were, you can maybe

get your money back. chris chmura is here to explain. >> if you got a final notice in the mail as far back as 2020, the investigators say these notices claims your home warranty was expiring. it was not. the final notice was an ad, a employ to get you to buy a home warranty. and the brand names on the warranty were fake. the state says hundreds of thousands of people got these ads and some people paid $2,500 to $3,500 each. people actually got a home warranty but the state said those warranties were not legal to sell here. the state just announced a settlement connected to the mailers. can you get your money back if you got a final notice and paid

money to any of these bogus companies here. the state says send an email to this address right here, carefunds @integrity.car. notice it's the dot car. that's a real thing. the state says you have until october 9th to get your money back. if you missed the email address, you can replay this story on demand on our website, nbcbayarea.com/responds. >> thanks, chris. 5:27 right now. coming up, breaking news overnight. the oakland a's purchased land in las vegas. many now speculating the team is

one step closer to leaving the bay. all new reaction overnight. >> reporter: good morning. i am bob redell and we will take you live inside the chase center here in san francisco where tonight the warriors will try to come back from a 2-0 deficit in come back from a 2-0 deficit in the ayoff seriespl

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leaving oakland. ahead, the new property the team just purchased in vegas leading many to leave they have one foot out the door. and then former theranos ceo, heading to prison. this is "today in the bay." good thursday morning to you. 5:30 right now. i am laura garcia. >> i am kris sanchez. i am here for marcus washington this morning. we want to get the day started with a look at the forecast with cinthia pimentel in for kari hall. >> we asked for the rain and we got it, and we asked for sunshine to return and we also got it. >> play the lottery. >> yeah, whatever you wish. keep it coming, and we will

manifest it. it's going to be a day where you grab a sweater in the morning and then as we go into the lunchtime hour or afternoon walk with the pups, we will warm up, 65 degrees in san josé at 12:00. we will keep warming up, not only today but through the weekend. temperatures will reach the 80s. i will show you which spots in your full microclimate forecast. what is going on? >> i hope i did not manifest this. take a closer look, the speed sensors, 11 miles per hour. the one at altamont pass now, speeds at 20. no incidents or construction crews reported on any of the grids. we don't see anything at that spot so that will be a delay out of tracy into livermore, but livermore and the rest of the bay showing a light traffic

flow. 880, a smooth flow of traffic for the nimitz. back over to you. >> thank you. another team could be leaving oakland. they are taking another major step, the a's, to move and leave for las vegas. >> the team late last night confirmed an agreement to purchase land for a new stadium right off the strip. the a's have signed that purchase agreement for 49 acres of land near the raiders stadium. funding for the stadium has to come next, and as of this morning it's not clear how the team could play in the desert without some sort of domed stadium in place. part of the statement last night reads, the team president wrote, for more than 20 years the a's have focused on securing a new home for the club in oakland and even with some support from

fans, leaders at the county and state level. we recognize this is a hard piece of news to hear as we shift our focus to vegas. we will continue to share details about our next step. the oakland mayor issued a response saying i am deeply disappointed the a's have chosen not to negotiate with the city of oakland as a true partner that respect the long relationship between the fans, the city and the team. fans on twitter are also reacting this morning, many are saying they are disappointed. >> yeah, this is from robert geyser. he said it's gut-wrenching. always dreamed of returning to oakland to see the a's in a world series and that dream is dead. >> we should point out over the years, the a's have made similar announcements and said they were going to leave, but this is the first time it feels like it

might happen. >> missed that one there, and saying the raiders left and the a's possibly leaving as well. and this one here, i grew up going to the oakland coliseum, and oakland losing a lot of their teams. it's interesting, a lot of these people are saying i used to live in oakland, so a lot of these people no longer, but you always have an infinity for your childhood team. another team, it's a big night for dub nation. the warriors, and bob redell is inside the chase center this morning. the warriors will try to come back from the two-game deficit. you are on, bob.

>> reporter: good morning to you. good morning, laura and kris. yeah, the warriors are down 0-2 in the series, and the first time they have been down 0-2 in a playoff series since 2007. the team will be without draymond green when they come out to play the kings. he was suspended on tuesday without pay for stomping on the chest of a sacramento king's player when the two got tangled up. the nba says draymond's history of unsportsmanlike acts was part of the reason for the suspension without pay. here's coach steve kerr. >> i was extremely surprised, and then immediately into what is next, how do we win the game? there's no time to spend, you know, worrying about it or thinking about it or complaining

about it. it doesn't matter. >> reporter: hip-hop icon and the kings have made up after e-40 was ejected from game one. the rapper was escorted out of the golden 1 center after an altercation with a fan, and he said he had been heckled throughout the game and his ejection was racially motivated. they issued a statement saying it was a misunderstanding. the kings said the organization has been a long time leader in equality. these are on all the seats, these t-shirts that fans will

get tonight. it says gold blooded. this is a sold-out game but there are standing room tickets still available or go on the secondary market, and stub hub right now says this series is the number one series in the after sell market, and the tickets for tonight's game are averaging $220, and the next game is in the $250s, somewhere along that line. if you want to get one of these t-shirts, it will cost you. >> big time. exactly. >> that's an expensive t-shirt. >> well, you have two california teams playing. >> yeah, you don't have to fly to see it. >> thanks, bob. tip-off is at 7:00 tonight. our pregame coverage starts at 6:00. later this afternoon, former theranos executive, sunny

balwani is heading to prison. his former boss and ex-lover, elizabeth holmes is asking a judge to give her a new trial. marcus washington joins us now with more. >> joining us now is legal analyst, steven clark. thank you for being with us, steven. let's talk about this balwani case, and we have been talking about it for sometime. his defense team have been making a lot of attempts to prolong his going to jail. do you think they have run out of attempts? >> the reckoning for balwani has come and he will have to self-surrender. his defense team will remain appealing, and for him the battle will continue but he will not remain out of custody while that is going on. the government was concerned about the image this was portraying, why are these two

not going into custody. i think the message the court wanted to send is the only way to send a message is for you to start doing your time. his fight will continue but he will remain in custody. >> what will that process look like? when he arrives there, prison, i am sure they will do fingerprints and all of those things. what does that process look like? >> there was a big fight about where he was going to go to prison. he was initially assigned to the federal prison in atlanta even though he's a low-risk offender because of the amount of time. >> the amount of times for balwani and holmes, how much of that do you think you they will spend behind bars? >> in federal, 80%. he may be able to shave a little time off, but in federal prison you do 85%, so that's going to

be a long, long haul for him. >> what we see with him as he reports to prison, will we see the same with elizabeth holmes? >> elizabeth holmes is continuing her fight and she will appeal the bail issue, but the appellant court will say it's time to start your time. she's supposed to report at the end of april, and that will be difficult for her, she will be away for her children for the next ten years. >> thank you very much. back to you. >> thank you. it's 5:40 right now. happening today the u.s. fire administration will make an announcement that will make a difference. >> we expect it to be a focus on prevention and preparedness and maybe resources, too. it comes as fire officials are expecting a much milder fire

season. on average, 2.3 million acres have burned per year, but because of all the rain we have gotten that projection is far lower, and they are expecting 400,000 to 1 million acres, so almost half. given the conditions of southern california, it's projected to be below normal. >> we are not letting our guard down by any stretch, but we will take a reprieve if it comes. at the end of the day, we are fully trained and staffed and we will implement the same amount of resource levels if we see the same levels like the caldor or dixie fire. >> the non-profit will receive a prize for fire detection and extinguishment. what is in store for today?

the warmer temperatures are approaching this weekend. cinthia pimentel is in for kari this morning. >> there's baseball and a lot going on in san francisco today. mets taking on the giants. first pitch is at 6:45 with that sunshine and light wind. definitely hold on to your hat as you go out there and wear sunscreen. just a few blocks down we have the warriors game, and that's indoors. besides the weather, i want to make sure you have a safe way to get there, like carpooling to help the environment, and make sure you have a jacket to wear out of chase center. beautiful sunshine out there at muir woods. right now we are showing a typical pattern over here. highway 4 is showing slowing

that has formed over the last few minutes. same thing for highway 37 at the north bay. the bay bridge is going to get much more congested because of what cinthia was just talking about, just off the bay bridge and 280, the giants came is at 6:45, but, wait, there's more. over here just a few blocks away, we have outside and inside the chase center. it's game three of the playoffs. warriors will be going inside, and also if you made your reservation for thrive, there's a big screen there. over here in san francisco, i don't know what icon to use, so we will say we talked about 4/20 at golden gate park. use mass transit. that's an option. back to you. coming up on "today in the bay," the debt ceiling is

getting closer, but the negotiations are getting further apart. not the direction you want them to go. we have got a snoopy surprise for volunteers who give back. the red cross getting help from a legendary peanuts character to get more donors. tune in tomorrow for the third hour of "today" for their special show in sonoma county. that's at

it's 5:47. let's go to the north bay in vallejo. currently 42 degrees as we start out a clear morning. lunchtime, 63 for you there. the north bay will see warmer temperatures as we go into the weekend. we will look at your full microclimate forecast in just a bit. and then cal train will take you by oracle. bart, you can take muni. the ferries will take you from oakland to alameda for their typical scheduled service. washington running out of time to raise the debt ceiling. >> scott mcgrew, republicans are offering a pass with solutions? >> yeah, the white house and senate hates as well. up until now, the gop was not

saying what it was willing to do. kevin mccarthy outlined the plan on the floor yesterday. he wants the white house to agree to spending cuts and he did not specify where. new welfare work requirements, and give up on the student debt relief, and end tax credits -- it's not clear mccarthy has the support of his own party to pass those points, the house may pass it but the senate certainly will not. the bigger question is should we be negotiating over the debt ceiling at all. not raising the debt ceiling means the country would default on its debt for the first time in history. here's the president's response. >> the threat of defaulting on

america's debt, the first time in 230 years. we have never ever defaulted on a debt and it would destroy the economy. who do you think will hurt the most? you, the hard-working middle class. not the super or powerful, but you folks. >> and you know who agrees with president biden? former president trump. nancy pelosi, the then speaker of the house, just like mccarthy is now, had conditions before she would bring a vote to raise the debt ceiling to the floor. "the washington post" described it this way. pelosi said the idea of raising the debt ceiling on its own and not in conjunction with a budget agreement was not acceptable to our caucus and did not stand passage, and just like today,

the full faith and credit is being held over the united states, looking to get something out of it. >> when they start talking about using the debt ceiling for things they want, they have told me very strongly they would never use that. that's a very, very sacred thing in our country, the debt ceiling. we can never play with it. >> a very sacred thing. we will watch the negotiations, or lack there of. there are no plans to negotiate. >> thanks, scott. april is national volunteer month and the red cross is hoping you can volunteer with them and give blood. we are also following what is happening with spacex this morning as well. we will get to that story in a little bit. that launch was supposed to happen after the first try was

canceled this week. elon musk gave 50/50 odds of the spacecraft reaching its destination. the launch window opens in about 45 minutes and we will continue to monitor that. >> that's a good look, 50/50 right there. >> pretty foggy out there. april is national volunteer month and the red cross is teaming up with snoopy to encourage donors. those that give blood between now and sunday can get an exclusive snoopy t-shirt. if that's not your thing, they will be entered to a tour. >> blood has a short shelf life.

blood cells last 42 days. plasma can be frozen up to a year. there's a constant need for blood. >> head to our website, nbcbayarea.com, where we have a full list for you there. there's definitely a blood center near you. i stopped by the red cross blood center in san josé. they were packed with people. >> that is great. >> they were saying this blood drive, by giving away these snoopy t-shirts they did in conjunction with charles schultz, it was such a big hit and they are running out of shirts, so they are only doing it through the weekend. you got to give. >> you match, laura. look. >> make sure you sign up for an appointment first to give blood to make sure you get a t-shirt.

>> even if you don't get a t-shirt, you can give blood. >> and these collectors, and that's cute. >> super cute. mike, things are -- so-so. but things are really good in the weather department. >> maybe you can read your comic as you stand in line and wait to give blood out there, because it's going to be a nice day to get the appointments. this morning we are starting out with clear and beautiful skies over san francisco. if you are headed out there for 4/20 or the warriors game or for anything going on in san francisco today, it's going to be cooler. we will see partly cloudy skies to the 1:00 hour, and then a nice afternoon. we are warming up as we make our way into the tri-valley. 69 in dublin. as we head through san josé and

san martin, 70s on the board. temperatures are going to bump up anywhere from about 10 degrees warmer, and 81 in santa rosa, and 81 in concord as well, and 77 out in mountain view. what we know is that warm weather is returning so stay hydrated, wear sunscreen, of course, and any storm systems are going to keep away from the bay area as we go into tomorrow afternoon for any early weekend plans, the fog may be along the coastline. gorgeous 60s as we go into the weekend. inland valleys, we have 80s to celebrate a beautiful earth day on saturday. mike, where are we headed on the roads? >> going back to the altamont pass. we have a little more improvement for the drive. the overall drive out of the all

the altamont pass, look at the additional time. we just got another source that says we have a disabled fedex truck or some sort of delivery truck, and they called out fedex saying it's in the middle of 580. that will be a slow drive into the area, keeping livermore, the dublin interchange and everything west of there just fine and clear. a little build for san josé, typical, and the backup at the bay bridge toll plaza. back to you. >> thank you. a call for more police oversight. a rally is set to be held inside san josé city hall today. they want the auditors to oversee the entire police department. prom is right around the

corner and one prom queen actually choosing to share her throne. the heartwarming reason of the change of heart. we are going to take you live to golden gate park where the preparations are under way for this year's 4/20 event. you can access bay area news whenever you want. you can watch news conferences you can watch news conferences and breaking news and

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welcome back. you are watching "today in the bay." let's talk about our climate in crisis, our earth week edition. the city of hayward had a writing contest where students described their ideas about water conservation and renewable energy and topics related to the environment. the first place poster winner for kindergarten through first. grateful for that. and then