aldon smith was the driver of that vehicle. hrough vary investigation, determined he was driving under the influence of alcohol. >> reporter: smith is also accused of possessing marijuana. police say smith had to take a breath or alcohol test and was booked into county jail. he was released on less than $6,000 bail and headed to 49ers paractice in santa clara. coach harbaugh said smith did not appear distracted during practice and will play in sunday's game against the colts. >> he'll be back to work playing on sunday. >> reporter: harbaugh said he was disappointed to learn of the new charges against smith and said he encouraged him to get back to work and face his teammates. teammate vernon davis said he had not spoken with smith about the accusations and was aware of them and hope smith was awaill from his mistakes. >> i can talk to him. someone who's older than him, i can talk to him like i always do. >> reporter: for now, smith will continue to play and wait to learn if the nfl will take any action against him. another 49er,

san jose, robert handa, ktvu channel 2 news. >>> it is possible the nfl could take action against aldon smith. but he was back on the practice field today at 49ers headquarters in santa clara. harbaugh says he expects smith to play on sunday. >> i'm disappointed. i felt like he needs to go to work, face his teammates, and, you know, soldier through it. >> this is not smith's first run-in with the law. last year, he was arrested for dui in miami and he was stabbed at a party at his house in the south bay. he's also named in a lawsuit by a man who says he was shot at a party at smith's house. >> mark, police say aldon smith was at twice the legal limit when he was arrested this morning. >> are you surprised at all that he is expected to play this weekend? >> after covering sports for about 35 years, i don't want to be cynical, but i think if he was just joe smoe, he might not be playing on sunday. but he is one of the best and i don't think there's any question that he'll be allowed to play. that's a big subject we could talk about more hours. it really wouldn't be that big a deal if it were no

teammate ray mcdonald lives in this house a block away from where aldon smith crashed his truck in a earby and i asked him if he hosted a party last night and he said no i did not. there's a lot of talk on twitter that smith was at this san francisco nightclub last night. but neighbors wonder if a party in the you're is the reason why his truck ended up in kim's front yard this morning. >> i heard a noise. my car accidentally -- car accident and i look out the window and i see the big truck in my yard. >> another neighbor who didn't want to go on camera said he smelled burning rubber and walked outside. he says he saw smith slumped over his steering wheel and banged on his window several times to get his attention and he even reached in to turn off the ignition. shortly after that, the police arrived. >> when they arrived they located the vehicle with the driver and that driver was later identified as aldon smith. he was suspected of driving under the influence and he was placed under arrest and booked into county jail this morning. >> sheriff's deputies say smith was also accused of

we return to our continuing coverage of this morning's arrest of 49er linebacker aldon smith. his afternoon, head coach jim harbaugh spoke publicly about the star player's run-in with the law. we're live in santa clara with that and what some of smith's attempts had to say. john? >> reporter: gasia, the 49ers have a huge game this weekend. but at the practice facility, the players and their head coach couldn't avoid questions on a different topic. the 49ers are dealing with the fallout of this morning's arrest of star linebacker aldon smith. he was arrested on suspicion of dui after police say he crashed his truck into a tree in the silver creek neighborhood. he was also charged with possession of marijuana. smith was at practice today and seemed to be fine. this is not smith's first problem with the law. last year, he was busted for dui in miami and he was stabbed at a party in a south bay house. he's also named in a lawsuit by a man who says he was shot during another party at smith's house. harbaugh and some other players addressed it. >> i'm disappointed. and, you know, i f

. >>> 49ers fans are asking tonight, will star play aldon smith play in sunday's game against the colts. he was arrested early this morning on suspicion of dui. we have exclusive new photos of aldon's truck and what we just learned tonight about the moments after the crash. joe. >> reporter: according to a few neighbors who were witnesses, they say aldon smith managed to drive his pickup truck here on to his driveway, and it did a uturn and crashed into that tree. he apparently fell asleep at wheel at this point with his foot pushing down the accelerator. you can see the large divets in the grass. neighbors had to knock on the window to wake him up. kim dean said she heard the noise at 7:00 this morning. looked out her window and saw a black pickup had crashed into the tree. >> and the head of the car was facing that direction. >> and you said his wheels were spinning. >> yes. >> reporter: she called police and then walked as a neighbor knocked on the window of the pickup to wake up an unconscious football star aldon smith. a short time later the sheriff's department took this photo of

coach harbaugh says aldon smith will play this sunday against the colts.begin our coverage with robert handa in san jose. >> reporter: we are at the accident scene on bentley ridge road drive. you can see, there are still tread marks and gouges that has the 49ers star in big legal trouble again. >> i don't know where the car come from and who he is. >> reporter: kim din had no idea who the driver was of a big truck that hit a tree in her front yard at 7:00 this morning, then hit the curb and ended up with one wheel on the driveway, spinning and leaving a pile of rubber, and another wheel gouging a big hole in the crash. a neighbor came over to help the driver, who police see was 49ers linebacker aldon smith, who would be arrested for dui and possession of marijuana. >> it looked like he was asleep, because i see the smoke come out from the car. but he didn't know. and the engine was still working. and the wheels in the ground. >> the wheels kept digging into the ground? >> but he didn't know. he was sleeping. >> reporter: aldon smith was booked into santa

8public, the 49ersrs÷ issued this statem, "the organization issoi aware o the matter involving aldon smithto gather informa-[8fz regarding this further comment." head coach jim harbaugh said iut ready for smith to move forward. >> i'm disappointed andl1 felt andñ know, soldier through it. >> he's got his head on straight. appens. if everybody went looking through everybody's owopast, y find some stuff on d so, you know, not concerned. it's not a distraction. the media tries toq+h make everything, oh, you know, it's not. coming here, you go to work, you go play the khfñgame. so we'll be ready. >> more details now.=>5ç signed a>2ñ deal with uberw8jñ address the problem of athletes driving under the influence. rides using the app. the players association is giving playersnléñ a =%k$200 cr they can use theç service. >> now news of a possible legal problem for2e oakland raider taiwan jones. fa it was reported to8úÑ have happ in brentwood. a woman was walking her é"e: chihuahua when his two pit bull mixes qattacked. and said he never had any we'll talk about this situation with our own pet

we broke last night. >> accusations of a shoot-out at aldon smith's home. the lawsuit alleges he was drunk and used illegal weapons to break up a house party. >> reporter: all three acknowledged the lawsuit today. but their comments provided very little substance. the first response came this morning from 49ers general manager trent balke. we will continue to monitor the situation closely. but will have no further comment at this time as this is an ongoing legal matter. in a surprise to some, after practice this morning, head coach jim harbaugh and aldon smith did address questions about the lawsuit. >> how do you handle it? >> really just focus on what i've been focusing on. that's football. >> reporter: for the first time since his name appeared on this civil lawsuit, aldon smith commented on the decision to seek legal accountability by one of the two shooting victims. >> things happen. and you have to focus on the things, you know, you do. i'm focusing on playing against green bay. >> reporter: the lawsuit names smith and delaney walker. it blames the tw

aldon smith has a lot going on right now. >> smaut, quickly here, you mentioned that at this point veryh up in the air if smith will play in this sunday's game against the colts. >> he remains in jail. have police talked about what has to happened before he gets out? >> there's no word yet when that will happen, and i'll be heading out to1.ñcx santa clara later t for 49ers practice. the team is scheduled to be on the practice field at 12:40 for a short friday afternoon practice. certainly no guarantee that aldon smith will be there when the 49ers hit the practice field. their last real main preparation before playing in sunday's game against the colts and let's remember, this guy is an absolute nfl superstar. you know, he is one of the best pass rushers the game has seen. in fact, in just two years in the league, he has more quarterback sacks than anybody else in the history of the nfl since the sacks became an official statistic. an all pro linebacker and some problems right now for the 49ers. >> definitely a key player for the 49ers. all right, matt. of course, we have our own reporte

aldon actually practiced with the team today. coach harbaugh did say smithstill expected to play sunday. >> expect aldon like today, he'll be back to work, and playing on sunday. >> everybody say something. you just got to say no, you know. when i was younger, you know, i was always wanting to go out, want to have fun, twoont party, but i always had older guys i listened to and stuck with me. i stuck to what they said and follow they directions. if i'm going out, why not pay a hundred dollars to get a driver. >>> reyesing on the left one loss away from losing the america's cup to new zealand. got a huge break lack of wind earlier in the day as new zealand headed for the home stretch with the apparent win overall. so they restarted the race, and team usa took advantage. they beat new zealand by a minute 24 so we will see 11th day of america's cup. new zealand has 8 to 3 lead. >>> and on this night, september 20th, 1973, 40 years ago billy jean king just ripped bobby red in the same battle of the sexes. watch by an estimated 50 million from 37 different countr

is aldon smith at risk here? >> certainly. this is a civil complaint. this plaintiff is seeking money damages. >> reporter: smith's attorney responded with this legal filing. it says one of the shooting victims knew the dangers and risks he was undertaking when he attended that party at smith's 8,000-square-foot home in june of last year. the attorney also wrote, injuries were caused by persons other than aldon smith. >> what's your biggest concern if you're defending aldon smith? >> the press this case is getting. >> reporter: with the civil suit fired, he says the legal wheels start turning. a process that will likely take several months and could last more than a year. >> what's your insight, based on your experience? >> this case is going forward. this is not going to get thrown out anytime soon. >> reporter: the civil lawsuits do not name smith or walker the gunmen responsible for the shooting. smith's attorney declined any further comment, citing that the pending litigation has not been returned. 14 months have passed since the party at smith's hou

. >> this remain on, 49ers linebacker aldon smith is on leave following his arrest for d.u.i. and marijuana possession. our reporter jones -- joins us with what is next for smith of the. >> the 49ers do not have a lot of time to prepare at the practice facility for the next game on thursday against the rams. they have to play without the star linebacker aldon smith. >> i want to apologize to the team and the organization, my family, everyone i let down. >> he smoke for the first time since san jose police arrested him for suspicion d.u.i. and marijuana possession on friday. he played yesterday in the loss to the colts. after the game, the 49ers announced he is taking indefinite leave to seek treatment. >> this is a problem and something that i will get fixed and i will do everything in my power to make sure it never happens again. >> the decision to place him was criticized but the 49ers c.e.o. defended the move saying it i loued the linebacker to face the media and take full responsibility. the 49ers say there is no timetable on when smith will return. >> thank you, matt. we

voluntarily exposed himself to all risks of harm by attending the party. >> pam: and points out aldon smith is not the one who hurt shot the man. although smith is accused of firing guns into the air to get people to leave. the santa clara county d-a says they are still considering criminal charges. >> (cheers & applause) >> this is the scene in palo alto at the apple store when it opened at eight a=m. hundreds of people waited for hours this morning to get their hands on the new phone. some even camped out >> pam: kron 4's tech reporter gabe slate was at the chestnut street apple store in san francisco this morning where people did not get the i=phones they wanted. >> reporter: at 7:50am just before the apple store opened in the marina there were 244 people in line. the first person in line arrived at 6pm thursday night to camp out. one night sleeping on the street that's nothing. this hard core apple fan slept on the streets for days in front of the palo alto store >>you feel like doofus for waiting in line but you are doofus with cool phone >> reporter:yes. it is lame and dorky to wait i

the suit comes against aldon smith and also former 49er, delanie walker. ome in san jose. "today in the bay's" bob redell g jo joins us live with a story only on nbc bay area. >> reporter: good morning. nbc bay area's investigative unit first uncovered the story, civil lawsuit filed tuesday here in santa clara county, makes strong accusations against 49ers linebacker aldon smith and former 49 liner and current titan delanie walker. ronndale esporlas claims in the lawsuit he was shot twice, that he sustains serious and permits injuries but does not know who the gunman was. this the first public document to provide details of a party that took place june 29th last year, up this road, in the east san jose foothills at smith's home. the lawsuit says smith and walker, who were legally intoxicated, appeared on the balcony of smith's home and fired shots into the air in an apparent effort to end the party. walker then made his way to the driveway where he allegedly fired more shots into the air and towards others attending the party. the suit claims both men knew

on the phone this evening, aldon smith's attorney says smith will have no comment on the pending litigation. we reached out to the tennessee titans to get a response from delainie walker. we don't know what happened that night. we know more, at least from one of the individuals that were shot. >> a lot of people talking about this story. but we hadn't had the details. >>> so far, so good. that's the word from the chp tonight. the bay bridge has been open for 24 hours. it's not just drivers. cyclists and pedestrians are experiencing the bridge. the bike path opened at noon today. jean quan was the first person to take a ride on the path, that stops just short of treasure island. >> it's a gorgeous ride. the bay trail is very beautiful. but particularly when you get underneath the waters. it's like a cathedral against that blue sky. >> i think it's beautiful. it's really elegant looking. and it was a fun drive over. >> it is a cool feature. you can see that man looking out of his window. some may be tempted to snap pictures or take video. don't do it if you're driving. it is not safe. and you

just ahead, new details about aldon smith. why the 49ers star has left the team and what his road to recovery could look like. that story in about five minutes. >>> and oakland city council member tries to get a curfew on the books two years ago and failed. now a freshman council member is attempting it again. galo is proposing a curfew ordinance for children under the age of 18. the curfew would keep kids off the street from 10:00 at night -- the curfew in oakland is controversial because some believe it doesn't help stop violent crime at all. >> what we're proposing is not only to have a curfew in place but at the same time if i pick you up, then i want to be able to take you or the law enforcement can take you to either a parks and rec center that's open, a church that may be open, or one of these non-profits that we spend millions of dollars investing in. >> are they going to patrol the hills like they patrol the flats? are they going to treat everyone the same? what are they going to do? are these young men going to get i

>>> i want to apologize, you know, to the team, the organization, my family. >> 49ers superstar aldon smith headed to rehab. >> we felt it was in the best interests of our team and for aldon long term. >> we're very happy that our guys are doing incredibly well. >> the race that never ends. the team usa makes a bit of a comeback in the america's cup. >> i did not see this coming. >> the hit show "breaking bad" ending its run with a bang coming up a big winner at the emmy awards. >> that blank gray canvas is proving to be irresistible to taggers who have already left their mark. >> very grateful. >> the fate of hostages still being held in a mall in nairobi is not clear. 15 gunmen stormed mall saturday killing dozens. al-shabab a somalia based terrorist group with ties to al qaeda claimed responsibility for the attack. from across the bay to around the world, the stories that matter on "kpix 5 news this morning. >> and they got him! captions by: caption colorado comments@captioncolorado.com >> your realtime captioner is mrs. linda m. macdonald. >>> good morning, i'm michelle griego. >> i'm b

i'll do everything in my power to make sure this never happens again. >> reporter: aldon smith announced last night he would go on indefinite leave from the team to get help. it came after this mug shot on friday when smith was arrested on suspicion of driving under the influence and possession of marijuana. police arrested him after he crashed his truck into a tree. >> we do what's always in the best interest of the team and the best interest of the player long term. >> reporter: a drug and alcohol rehab facility in san jose -- smith has already taken a huge step toward recovery. >> it's a huge step for a celebrity because everybody knows. it's huge that he admitted that as opposed to trying to defend it. that's huge. >> reporter: rehab can take 30 to 90 days. sometimes longer. smith will face big challenges when he transitions back to a world where alcohol plays a big role. he will need the support of his team, family, and friends to tackle his addition. the nfl says there is no minimum number of games aldon smith must miss while he is on the noninjury reserve list. he can come back wh

york made the announcement yesterday after the game against the colts saying that star linebacker aldon smith would not be -- who was arrested friday for duri could miss more games, this is an indefinite suspension, there is no time table when he will be back. smith did apologize after yesterday's game and acknowledged that he will seek help. >> first off i wanted to apologize to the team, the organization, my family, everybody i let down. i want to let it be known this is a problem and it's something that i get fixed. >> getting somebody down and paying them to sit down when they are going to seek treatment in the future, that didn't seem like an appropriate punishment. i know it might not sound reasonable, but for alden to be able to face the media, face his teammates, and take full responsibility for what he's doing, we felt that was the best situation. >> friday's arrest is not the first time smith has been in legal trouble. earlier this month he was sued by a man who claims that the man was shot at a party at smith's house last year. the suit alleges that smith was drunk when he fired sh

aldon smith's attorney says smith will have no comment on the pending litigation. the investigative unit rereached out to the titans but got no response. more details at 5:00. >>> santa clara county's ambulance provider wants out of its contract. rural metro corp is preparing a plan to cut short its five-year contract. the company, facing bankruptcy, claims to be losing $5 million a year. rural metro's operation chief says the company would likely bid on a new contract if freed from the current one with the county. officials will not consider any kind of rebidding unless the board of supervisors agrees. rural metro has come under fire for late response times and poorly maintained ambulances. >>> vector control crews in full force fighting the spread of the deadly west nile virus. crews fogging for moss skeet toes in north san jose. between lundy avenue, highway 101, north in milpitas, fog along 680. santa clara county officials say adult moss ske amosquitoes tested positive for the west nile virus. fogging start at 11:00 tonight. >>> let's check in with rob. my fri

why aldon smith has a lot of explaining to do before sunday's matchup. a bay area 10-year-old -- mauled by dogs -- gets the red carpet treatment from the a's, as we learn disturbing new details about the attack. >> pam: rain, rain -- stay away! jackie has a forecast that breaking out the umbrellas. and fans take a big bite out of apple's latest inventions. we'll show you how sales (male announcer): this is the bay area news station, kron 4 news starts now. >> i never tried to hurt the doll. this is blown way out of proportion. {dog} >> pam: at 8. >> pam: insta-gram video of a brutal >> pam: dog beating. is now tryingthe dog is okay. and is with authorities. the family contacted kron 4 after the story aired last night. madyun sat down with the man video. >>"i apologize; my heart is so broke right now" >> reporter:terrell davisoverwhelmed emotion in the wake of this instagram video that appears to show him striking his dog lovie >>"this is blown way out of proportion" >> reporter:davis says the incident is just a big misunderstandinghe and his wife diedra

. >> raj and jessica are off tonight. 49ers linebacker aldon smith is out of jail tonight after his arrest. the incident happened in san jose around 7:00 this morning when the football player crashed into a tree. we have team coverage tonight. matt is live at team headquarters in santa clara. chief investigative reporter has the legal fallout from his arrest. we give with marianne favro, live in san jose, the site of the crash. >> reporter: yes, janelle, this is where aldon smith crashed his truck around 7:00 this morning. you can still see the deep tire marks here on this front lawn. behind that is the tree that he crashed into. and neighbors say when they found him, smith was still inside his truck, but smoke was pouring out of it. san francisco 49ers linebacker aldon smith was booked into santa clara county jail this morning on suspicion of driving under the influence. san jose police arrested him after he crashed his truck into this tree in a silver creek neighborhood around 7:00 this morning. kim's husband called 911. when she went outside, she said smith's truck was on her lawn and s

aldon smith's legal team has emphasized there will be no further comment. he's expected to play sunday against the packers. >>> the driver who hit and killed a man at a mountain view bus stop is scheduled to go to trial. matthew pumar is charged with speeding through a red light, swerved and lost control onto his car. he careened onto the sidewalk, hitting and killing william ware. his defense team argues the light was not red and he was not speeding. >>> the landlords from hell are expected to be sentenced. kipp and nicole macy pleaded guilty to residential burglary, stalking and attempted grand theft. they've been charged with stealing the belongings, even cutting a hole in the floor of one of the units. >>> meteorologist christina loren, you have to forgive us. how could we not mention the fact that it's friday right out of the gate. >> i know, right? i was like what's going on? is it not friday. good morning to you. we've got a good looking day shaping up, especially when you put things into perspective. record breaking heat potentially as we get throug

aldon smith needs help.reg driving under the influenced and marijuana possession at 7 a.m. this morning, this is just the latest of a long string of incidents for smith, he was back in the practice field tonight. 49ers could not say anything publicly but they know this young fella needs help. >> it comes a point in time where you have to really say, okay, this is it. i have to get myself on the right track and i have to shape up and just do the right thing so i think he will learn. >> 49ers at 1:30, they're going to host at luck -- and indianapolis on sunday. terrell, this is his opportunity to show, hey, i am an nfl quarterback, he's taking on peyton manning, it will be a 5:30 start on monday night. the america's cups still sailing, there will be another race. larry's team pulling away. >> go ahead jackie. >> i will turn this to you for weather update. >> new zealand could not handle u.s.a. today, they won by 1. 24 seconds. so we still have a chance againe says weather permitting weeping the united states,

that's football. >> reporter: while aldon smith was answering questions on wednesday about the first lawsuit, this second lawsuit was filed in santa clara county. like the first, smith and former 49er delanie walker are named as the defendants. this time, it comes from an attorney from adam reyes. it says he is a friend of the first plaintiff. he received serious, catastrophic and permanent injuries. both lawsuits painted a similar picture of the events of june 29th. and the morning of june 30th, at smith's 8,000-square-foot home in the east san jose foothills. in the lawsuit, he accuses smith and walker of knowing gang members were at the party. it says, during the course of the party, the defendants became aware there were gang members and persons armed with weapons at the premises. the lawsuit claims smith had recently hosted similar parties at his home. it reads, defendant smith has established a pattern of having wild and boisterous parties at his house. the legal document says the party was advertised widely, including on the internet. it includes, drugs were used in a wide and

we felt that was the best situation for aldon. >> smith was arrested on suspicion of d.u.i.arijuana possess after he crashed interest a tree if front of a san jose home on friday. you can watch thursday 49ers game right here against the ram with our coverage on thursday at 4:00 p.m. and we will have special 49ers day content at abc7news.com and our abc7 news facebook page and twitter@abcnewsbayarea. >> breaking news from san francisco police are sending for someone who tried to break into a warehouse. around 1:45 an alarm went off at a business. police responded to the scene can the dog unit. a fire department truck was called to provide a ladder so police could search the roofs of buildings. they have not found anyone. >> in kenya gunfire and explosions have been heard. terrorists holding hostages in a shopping mall. we have this picture of the mall where massive security operation is underway. black smoke has been filling the skies. military helicopters have been circumstance killing and there have been numerous explosions as the siege enters the 3rd day. authorities say a

her employer tweeted out a picture of dang getting checked out. >> the 49ers aldon smith on an indefinite leave as he deals with personal issues stemming from his arrest on friday for dui. 49ers ceo telling reporters after yesterday's game smith will not play thursday against the rams. york says the decision to keep smith in yesterday's game was in the best interests of all parties involved, afterwards smith apologized. >> first off i wanted to apologize to the team, the organization, my family, everybody i let down. i also wanted to let it be known that this is a problem and it's something that i will get fixed and i'll do everything to make sure that this never happens again. i want to let everybody again i'm sorry and it won't happen again. >> the 49ers by the way, lost yesterday's game against the colts, 27-7. >> in the meantime t 49ers new stadium is running short on parking spaces, now the team is trying to figure out how to fix it. the team is about 5,000 spaces short. it's looking at leasting a soccer complex next to levi stadium for additional parking. the idea is not sitting wel

>> just focus on what i'm focusing on, fast football. >> reporter: aldon smith comments on the decision to seek legal accountability bun but of the two shooting victims. >> things happen and you have to focus on the things you do. >> reporter: the lawsuit names smith and former 49er delaney walker and blames the two for their roles in an early morning shootout at smith's 8,000 square foot home up this road in the east san jose foothills. the nbc bay area investigator unit reviewed this incident report from the fire department. it says one of the victims was shot in the leg and the other in the thigh. the report includes these two words "gang related." it did accuse smith and walker of repeatedly and illegally firing handguns saying they consumed significant quantities of alcohol. it describes a shootout that started after smith and walker allegedly fired shots into the air, apparently trying to end the party. >> the team is handling it. the team is handling it. >> published reports say that smith charged $10 to attend the party. now calls to the tennessee titans for reaction from delane

aldon smith plays his last game for some time.as the >> reporter: you to see folks still out here but what is sad evening it was accurate is not often you see this many young people remembering one of their friends. >> as soon as someone said it was a child hit i immediately knew who it was because we see him outside of school all of the time (crying) >> was outgoing and always had a smile and made everyone laugh. >> made it better for us purity dismay everything so special and so happy. >> reporter: in the boy scouts and clubs gauss and a number of comanches service hours on top of that as well. tonight was about remembering him so many people from this community in the show up and so many different people with good things to say about their friend. the driver has not been charged the state that this has been an accident but tonight it was about remembering young birches. >> reporter:the side-show problem appears to be making a comeback in oakland. you know those things where people gather.shut down a road.doing donuts.driving like idiots. there have been two side- shows the past two

aldon smith protagonizo un fuerte choque , segun las autoridades conducia bajo los efectos del alcohol presunta posesion de mariguanael jugador perdio el control de su vehiculo y estrecho su camioneta contra un arbol en el vecindario de silver creek en san jose.... esta testigo dio aviso a la policia .... entrevista narra que escucho un ruido y vio el vehiculo accidentado justo en su jardin.... estas enormes marcas en la entrada de su casa testifican lo ocurrido.... las autoridades respondieron al llamado... sgt. heather randol/ indicando que al llegar al lugar, inspeccionaro n el vehiculo y al confirmar que smith era el conductor, lo arrestaron por sospechar que manejaba intoxicado... aldon fue llevado a la carcel del condado, pero dejado en libertad luego de pagar una fianza de 6 mil dolares, y se dirigio a la practica de su equipo en la ciudad de santa clara.... a pesar del incidente, smith no ha sido descartado para el juego del domingo, segun las declaraciones de su tecnico entrevista vernon davis, companero de equipo... piensa que el es aun muy joven y aprendera de estos errores,

al gone smith was arrest -- aldon smith was arrested this morning in san jose for dui and marijuana possession. kpix 5's len ramirez is at 49ers headquarters in santa clara where smith showed up for practice but has some very disappointed teammates and coaches. len. >> reporter: elizabeth, he did try to carry on as normal today, but he is facing some very serious charges. arising out of his arrest this morning in which his blood alcohol level was reported to be .15 almost twice the legal limit. 49ers star linebacker aldon smith hit the weight room instead of the locker room immediately after the team's practice in santa clara working out all by himself. just a few hours earlier, he was in the santa clara county jail posing for a mugshot booked for suspicion of driving under the influence of challenge and possession of marijuana. >> approximately 7 a.m. this morning our officers responded out to a report of a solo vehicle collision out in the silver creek area of san jose. >> reporter: it happened at the corner of bel aire hills drive and bently ridge drive in a neighborhood of very expensive h

he's a rising store, 49ers linebacker aldon smith could find himself on the sideline. here is the mug shot taken shortly after he's arrested this morning. hours later he was back out on the field, continuing coverage now from ktvu, he's live in santa clara with comments of smith's teammates and his coach. >> reporter: that's the future home of the 49ers and while the team is focused on the immediate future and including the sunday's big game they're also dealing with one player's legal trouble. >> and again i am not going to go into the specifics and the details. >> but, he says a few words about linebacker smith who was arrested this morning for dwi and possession of marijuana. that happened after smith fell asleep over the wheel and crashed into a tree. >> disappointed and felt like he needs to go to work and face his teammates and -- you know, go through it. >> today's arrest was smith's second dwi. he was been sued by someone claiming being shot at the house. >> i think each and every day everybody face something and you got to say no. >> he will be fine. he will b

. >>> the niners make a decision on aldon smith after his arrest on friday, and why house leader nancy pelosi accuses the republicans of being legislative arsonists. abc7 news at 6:00 starts now. >> a champagne celebration as the a's are in. oakland earned a second straight american west device doing division title. cornell is live. >> the champagne is flowing fast and furious here. i brought my champagne goggles, but didn't help me. the a's have done it again. clinched the a.l. west title for the second year in a row. >> the champagne is flowing inside the a's locker room, for the players clinching the american league west title, it's oh, so sweet. >> this is why you play baseball, for moments like this. so happy for everyone. so exciting. >> clinching anytime, it's a season's worth of games. it's not one game that makes a difference. but to do do it at home, the fans, their enthusiasm off the charts. >> go oakland! >> a great day to be an oakland a's fan. so, great to have a great turnout, considering there's nfl going on, and they deserve it. >> derrick drove from phoenix with his k

the suit comes against linebacker aldon smith and former 49 walker alleging an out of control house partying guns and gangs at smith's home in san jose. "today in the bay's" bob redell live outside the stadium with the story only on nbc bay area. good morning. >> reporter: good morning. this is a story that nbc bay area's investigative unit first uncovered. in the lawsuit filed tuesday, it makes strong accusations against all pro linebacker lp and former 49 and current titan, delaney walker the plaintiff, a man named ron dole esporlas shot twice but doesn't know who the gunman was. the party took place june 29th last year, up the road in the east san jose foothills at smith's 8,000 square foot home. the lawsuit says smith and walker, who were legally intoxicated, appeared on the balcony of smith's home and fired shots into the air in an effort to end the party. walker made his way to the driveway where he allegedly fired more shots into the air and towards others attending the party. the suit claims both men knew the handguns were illegally possessed. nbc bay area obtained these pictures

49ers' they are also making headlines this morning. >> niner's c e zero j york said linebacker aldon smithe problem and would not be with the team when it is the rams on thursday night in st. louis. >> there is no date for smith's return appeared >> smith was arrested for suspicion on d.u.i. after his pickup slammed into a tree and a residential neighborhood in san jose last week here >> he made a statement about his behavior appeared >> this is the latest off the field is an enforcement tool has also arrested for dui in january 2012 and stabbed in a party at his house 50 months ago appeared >> we want to know what to think about all the smith suspicion should be suspension said be appeared >> sound off on facebook and twitter fees. you also get the very latest on our kron4 mobile app appeared >> the oakland a's are the american league west champions again appeared >> the oakland a's 16th american league west title and 26th postseason appearance when texas lost 4-0 at kansas city on sunday appeared >> opel was play the minnesota twins appeared >> with the twins batted in the third word sta

i was surprised how many items i would find career >> pam: 49er's star aldon smith. help. >> jacqueline: we will talk more about the cooler weather ahead coming up unbelievable. shhhhh! in our day, we didn't have u-verse high speed internet. yeah, our babysitter didn't have a million ways to serve mom up on a silver platter. we had to count sheep to fall asleep. and i always worried that i was creating an overcrowded sheep farm. in my head... never looked like that farmer took proper care of those sheep. too much? a little. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. with u-verse high speed internet. these are the hands a pediatrician. these are pioneering advances in heart surgery. and these are developing groundbreaking treatments for cancer. they're the hands of the nation's top doctors. kaiser permanente doctors. and though they are all different, they work together on a single mission: saving lives. discover how we are advancing medicine at kp.org join us, and thrive. you li to ep yr faly althand

>> spoke with his teammate and a neighbor who says he was the one who found aldon smith this morning. that neighbor doesn't want to go on camera, but he found the 49er cutting in -- sitting on the front seat and leaning up against the steering wheel and passed out and his foot still on the gas peddle. you can see where the rear wheels were spinning out. that means smith was visiting the 49er teammate that lives up the street. ray mcdonald lives about eight houses away, but didn't want to talk much. >> was he over last night? >> i can't talk about it. >> you can't? any comment at all? no? >> reporter: several may bores say there are often parties at mcdonald's home so they believe smith was here when he missed a turn and ended up near this house. one neighbor could smell the rubor and found a stuck truck with the tires spinning out. she lives here and also smelled something burning. >> i don't know why the engine is working. the car stop, but the smoke come out, but he asleep. >> they say smith was taken from the scene and eventually charged with suspicion of dui. according to the san

and the 49ers defense shined without the help of aldon smith and patrick willis. >> just playing for laying for pat. all comes down to winning. >> last nights victory came while aldon smith is in rehab to lowing his second drunk driving crash. >>> coming up next in our 5:00 hour we are following developing news from san francisco. very sad story. two people including a child killed in an overnight fire. we'll have more on the investigation coming up next. >>> the budget battle continues on capitol hill. the reason some parks here in california could suffer if a deal is not reached in time. >>> good morning. highway 4 traffic looks pretty good coming up to the willow pass grade. no major problems. we do have a report of a deer down on the peninsula. we'll let you know where that is. >>> it's clear out there but it's cold for some, warm for others. will this red flag continue? >>> a two-year-old little girl and her father killed in an early morning house fire. >>> we're live in san francisco where the man suspected of stabbing adorningers fan to death awaits his first court appearance.

---continuan los problemas fuera del terreno de juego para aldon smith, jugador defensivo de los 49ersÑana de viernes fue arrestado esta maÑana de viernes por la sospecha de conducir bajo influencia del alcohol... smith fue detenido por agentes del departamento de policia de la ciudad de san jose que recibieron una llamada telefonica acerca de una camioneta tipo pickup que habia chocado con un arbol alrededor de las 7 de la maÑana... el jugador quedo en libertad tras pagar una fianza y aun se desconoce si estara presente para el partido de este domingo frente a indianapolis.... wipe vo wipe ---el lanzador de los yankees de nueva york, andy pettite colgara el guante al final de esta temporada en las grandes ligas... pettite, un veterano de 18 campaÑas, conquisto 5 titulos de serie mundial con los bombarderos del bronx, tiene 255 victorias en su carrera y es lider de todos los tiempos en victorias en postemporada con 19... el domingo saldra a la lomita para lanzar frente a los gigantes de san francisco... wipe vo wipe ---bueno, tal parecer que la celebracion de los dodgers de los angeles

they say 27-year-old steven barba later stabbed aldon smith. investigators say smith's roommate former 49er delaney walker also fired a shot in the air. they say someone else returned gunfire. wounding two people. both walker and smith have been named in a civil lawsuit. >>> the former member of the san francisco fire commission could be charged today after being arrested on suspicion of domestic violence. donald carr monowas arrested monday night and posted a $130,000 bail. now yesterday he resigned from the fire commission. police say his wife filed a report against him accusing him of attacking and threatening her. >>> 17 hours and counting. republican senator ted cruz has been on the floor for hours talking about his opposition to president obama's health care law. there is senator cruz again. he's been trading on and off at that podium allowing other republican senators to speak and then he speaks a little more. now at one point this morning, he actually admitted that his marathon is causing him some discomfort. >> standing on your own feet

>> spoke with his teammate and a neighbor who says he was the one who found aldon smith this morning. that neighbor doesn't want to go on camera, but he found the 49er cutting in -- sitting on the front seat and leaning up against the steering wheel and passed out and his foot still on the gas peddle. you can see where the rear wheels were spinning out. that means smith was visiting the 49er teammate that lives up the street. ray mcdonald lives about eight houses away, but didn't want to talk much. >> was he over last night? >> i can't talk about it. >> you can't? any comment at all? no? >> reporter: several may bores say there are often parties at mcdonald's home so they believe smith was here when he missed a turn and ended up near this house. one neighbor could smell the rubor and found a stuck truck with the tires spinning out. she lives here and also smelled something burning. >> i don't know why the engine is working. the car stop, but the smoke come out, but he asleep. >> they say smith was taken from the scene and eventually charged with suspicion of dui. according to the san

authorities say smith fired shots into the air. 27-year-old steven barba is accused of stabbing aldon smithinvestigators say smith's roommate and delaney walker also fired shots into the air. they say someone else fired back. wounding two people. walker and smith have been named in a civil lawsuit. >>> a former member of the san francisco fire commission could be charged today after being arrested on suspicion of domestic violence. donald carmanogi was arrested monday night. posted $130,000 bail. yesterday he resigned from the fire commission. police say his wife filed a report against him. accusing him of attacking and threatening her. >>> 18 hours and counting. man, it's been a marathon session. republican senator ted cruz was on the senate floor for hours. he has been talking about president obama's health care law. let's take you live to the senate floor where you can see that is senator james talking now. senator cruz has been trading off back and forth with his colleagues and letting the other republican senators speak. at one point he did read the dr. seuss book green eggs and ham an

the team is being criticized for its performance on the field and the way it handled the aldon smith situation off the field. the player has checked into rehab. he will miss thursday's game and several "m" more games. he had another dui arrest last week. smith could be suspended by the league office pending the outcome of the dui case. we'll hear from jim harbaugh later in this newscast. >>> people in west oakland lost not only a place of prayer but a place of community gathering. 100 years of history and worship up in flames. a three-alarm fire burned this church. the firefighters attacked it from all sides and on the roof. the smoke could be seen across the bay. it didn't destroy the entire church but damaged a building that has been an important part of the community almost a century. >> it has been on this corner 97 years. it has been a serious community outreach for this entire west oakland community and it is devastating. we see -- we reach out to the community. this is an open door church where they can come in at any time. >> no word yet on when worship services will resume.

reporting live from santa clara janine de la vega if ktvu channel 2 news. >>> the 49ers star aldon smith't be playing because of a dui. smith will be taking an indefinite leave so he can get some treatment. smith was arrested on friday morning in san jose on suspicion of driving under the influence. his pickup truck slammed into a tree in a residential neighborhood. now smith did talk to reporters after the 49ers lost to the colts yesterday. here's what he said. >> this is a problem. it's something i will get fixed. i will do everything in my power to make sure this never happens again. >> aldon smith was arrested last year in miami on a dui charge. it was reduced to reckless driving. he also faces a civil lawsuit at an incident at hiss home where he suffered a minor stab wound. jed york did not say when smith would return to the team. >>> oakland could revisit a controversial plan to cut down on crime. tara moriarty is in oakland this morning. tara. >> reporter: gallo says unsupervised teens are contributing toward or being the victims of violent crime. he says we sorry about violent cr

what we now know about violence in his home long before the dui arrest. >>> new details about aldon smith. prosecutors are releasing information about violence at his south bay home last year during a party. investigators say someone pointed a gun at a bartender, smith then tried to break up the party, which was thrown by a friend. authorities say smith even fired shots into the air. 27-year-old steven barba is accused of stabbing aldon smith at that party. investigators say smith's roommate, walker, also fired shots at the party. they say someone fired back wounding two people. both walker and smith have been named in a civil lawsuit. >>> john mcafee is reportedly planning a return to silicon valley. in an interview with the san jose mercury news, he says he's planning to launch a cybersecurity. it would allow for a new kind of internet that would be impossible to hack. he founded the anti-virus software that bears his name. now he lives in portland after leaving belize last year in the killing of a 52-year-old neighbor. he continues to live in portland and commute to silicon valley as n

the attorney wrote injuries were caused by persons other than aldon smith. >> my take is there's potential >> the press this case is getting. >> reporter: pic cone says the legal wheels start turning, a process that will likely take several months and could last more than a year. what's your insight based on your experience? >> this case is going forward. this is not going to get thrown out anytime soon. >> reporter: with the pending litigation, smith's attorney has declined any further comment. calls attempting to reach walker have not been returned. now, the civil lawsuits do not name smith or walker as the gunmen responsible for the shooting of the two victims. 14 months have passed since that party at smith's house, and we still don't know who fired the shots that injured the two men. the santa clara county sheriff's department continues to investigate. so far no arrests announced and no charges filed. jan janelle. >> if you have a tip, give us a call at 1-888-996-tips. >>> new at 6:00, a peninsula city drive to become the most electric-friendly city in the country. new laws are being

>> gary: 49ers linebacker aldon smith is being sued by a man who said he was shot during a party at smith'souse in june 2012 >> gary: ronndale esporlas says smith and former teammate delanie walker were intoxicated on s they began firing gunshots in the air while trying to end the party esporlas says he was shot >> gary: twice in the crossfire between two groups after walker allegedly fired more shots in the driveway. >> gary: neither walker or smith has been charged in the incident. >> gary: these athletes is all criticism on the internet. and when you come at these guys in the half time on their hands. you know what they think of you? it's labor day week are working. what ever you do you. >> gary: half of these guys and just telling you the gun issue i lied to look up to get in their space and give them a little criticism and that's one thing that i can say about me i may have had guns in my face but i've never seen you at like that before. if someone comes at you just say yes sir and move on to the next think. tonight female narrator: through sunday, it's posturepedic through sunday, it'

we'll tell you what aldon smith is saying and what it could mean for the team's playoff hopes next. >> and break out your fall fashion. we're officially in the new season and it feels like it this morning. temperatures mostly in the mid-50s as a scarf would be appropriate later on, though, going to be pretty warm. showers in the forecast, we're going to time everything out. your seven-day is coming up in moments. >> new season, a new traffic pattern likely as well as more schools come back into session. >> we'll take you to a major spot in san francisco, the embarcadero, not far from this america's cup is still under way as team oracle making a strong comeback on this monday, september 23rd, this is "today in the bay." >>> good monday morning to you. thanks for joining us. i'm laura garcia-cannon. >> good morning. i'm marla tellez in for jon kelley. in kenya hostages are still being held 18 mall after a military rescue mission reportedly failed. you can see large plumes of black smoke rising from the west gate mall where at least four explosions have been heard overnight. at daybreak

. >>> aldon smith is taking a leave of absence from the 49ers to go to rehab. smith did play in yesterday's loss to the colts despite his dui arrest friday morning in san jose. he was found unconscious inside his truck after hitting a tree. smith was booked on charges of dui and possession of marijuana. after the colts game, smith faced reporters. >> let it be known this is a problem and it's something that i will get fixed and do everything in my power to make sure this never happens again. >> there's not a one-day fix. this is a long-term fix. we support aldon. if aldon is going to fight for himself and try to make this right, i will stand here and i will support him. >> smith says he will be seeking treatment. he hasn't said what he is addicted to and it is not clear how long he will be away from the team. >>> now 10 minutes after 6:00. is former secretary of state hillary clinton setting her sights on the white house? why she is in no hurry to decide. >> some big surprises and some not so big surprises at the emmys last night when things finally broke bad's