. >> chris sanchez is live in san jose. how did it all start? >>. >> reporter: we know that police officers were called out to the scene to check on somebody. we don't know what prompted the 911 phone call for that welfare check. but we can tell you that the situation ended in gun fire. according to san jose police spokesperson, an officer showed up to check on that person on monterey road north of south lake road. this would be a part of monterey road where the neighborhoods are separated by the busy road. this happened outside the neighborhood. it was just after 6:30 last night that the officer made contact with that person. although the spokesman wouldn't say what prompted the officer to draw his weapon, we know the person was shot at least once. that person was taken by ambulance to a local hospital and their condition has not been released yet this morning. no officers were injured in this shooting but folks who live in the neighborhoods whr shut out of their homes for hours because of the investigation. police are being rather tightlipped

. >> chris sanchez is joining us with the latest on the investigation. >> reporter: we don't know how this welfare check came to start, but we do know how it ended. according to a san jose spokesman, it happened after 6:30 last night. we'll give you a look at the screen. the spokesman wouldn't say why the officer felt compelled to draw his weapon, but we know that the person was shot at least once, taken by ambulance to a local hospital and that person's condition has not been released this morning. police are being tight lipping saying they'll release more details of the preliminary investigation is finished. the officer who fired the weapon will be an administrative leave for four days. this is something that happened on monterey road just north of south lake drive. it is part of monterey road where the neighborhoods are separated from the busy road. the shooting happened outside the neighborhood. however people were shut out of their homes for hours because of the investigation. this is the ninth time that a san jose police officer has fired a weapon at a person. in five of those c

. >> chris sanchez is live. what do we now? >> reporter: it was a welfare check that police officers were called out to the scene on monterey road to check on someone. when they arrived on monterey road, that is when the shooting happened. let's give you a little bit of a seen setter right here. according to the spokesman for sjpd, the person was north of south lake drive. this is a part of monterey road where the neighborhood is separated from the busy roadways by a retaining wall. at 6:30, the officer made contact with the person. and although the spokesman wouldn't say what prompted the officer to use deadly force, we know the person was shot once. their condition has not been released yet this morning. we can tell you that no officers were injured in the shooting but monterey road was shut down for quite some time. police being tightlipped but say they'll release more information information after the preliminary investigation is found. this is the ninth time that police have used deadly force on a person in san jose. in fi

chris sanchez, "today in the bay". >>> at 5:32, one of the three correctional deputies charged with killingclara county is out of jail. the other two were released last friday. in the meantime the jail is sharing new information about another inmate found dead on monday. the sheriff says that inmate was known to be violent. a week before his death, deputies used non-lethal plastic projectiles to subdue him. his cause of death has not been released nor has his identity. >>> happening today, hayward superintendent of schools may learn his fate from what's being described as an aggressive tirade during a closed door session. two hayward school board trustees filed a police report after the incident involving superintendent stanley dobbs two weeks ago. he's accused of berating the board and using expletives. the school board is holding a regularly scheduled meeting later and it's possible he'll be disciplined and perhaps face dismissal. >>> the environmental protection agency will be in town helping people clean up after the devastating valley fire. 97% contained this morning. firefighters capp

i'm chris sanchez. and the countdown is on. only five minutes left until apple stores open their doorso the faithful waiting to get their hands on the new iphone, the new 6 s and 6 s plus, pretty much looks the same with the 6 with new features on the inside which includes 3-d touch. there's a new color, rose gold. one san diego woman sent her robot to save her spot in line. >> i'm going to remotely open those doors and then look my cell in there. >> apple today is supposed to be shipping it device to anyone who preordered their phones taking all of the fun out of camping inn't front of the local apple store. meteorologist keri hall is here with a look at the forecast. >>> they're camping out in cool weather today but lit be heating up. we're right aaround the low 60s. expect highs in the 80s and 90s. east bay 87 degrees, the tri-valley 98 degrees, 90 in the south bay, 88 degrees in the peninsula and the north bay today will see a high of 93 degrees. let see see how traffic is moving with mike jt it's moving slowly, really compressing and the coliseum. we'll talk about the coliseum act

. >> chris is sanchez is live in sunny jail.d to be close sod the school could do background checks on all of the employees. good morning. >> reporter: this is a state requirement that was supposed to happen before the school opened its doors back in august and yet they scrambled in the last minute to get it done over the last couple of days so the students could return to class today. we know awe the students return to class this morning, there will three staff members who will not return because they have been fired. now the district and northern superintendent wouldn't say why they were fired because it is a personnel matter. but we can tell you one of them is 18-year-old jonathan chao who spoke exclusively with nbc bay area behind bars to ask for privacy for the 8-year-old girl he's charged with molesting. the school board canceled classes for monday and tuesday when reports revealed that none of the staff had undergone the background checks and fingerprinting before the schools started. in a statement he blamed the californ

. >> cody parkey, chris march goes and mark sanchez turning the page from that loss with a good deed in the community. the guys joined kids from the mid atlantic youth anglers in fdr park in philadelphia philly for fishing. idea to help foster life skills throughout door activities. nice way to turn page. >>> now it's baseball but the phillies were in the one and one tonight. pair of number one overall draft picks showing off for the nationals. to the bank we go. bryce harper first overall pick in 2010 not one, but two homeruns. now batting .33838 on the season he drove up a four runs for d.c. steven strausburg was the number one overall pick in 009. and he was flat out dealing. tied his career high with 14 punch outings. phillies had two base runners and lose their 90th game of the season four-zero the final. 90! >> you said 90? >> big number. >> big number. >> hopefully not going to hit 100 this year. >> support our fightings. 90, thank you don. >> up next, a new look for taylor swift. we'll show you when we ♪ >>> taylor swift has one grammy, billboard music awards, academy of coun

now, we check with chris to talk about what's happening with the school system. >> we'll take it from here. kris sanchez is closely following what kari has been talking about. >> it's a rare thing. you heard of snow days but what about hot heat days? let's check in with kris. >> reporter: back in my day, we walked to school uphill both directions in the middle -- no, i'm just kidding but the kids are not going to be staying the whole day in the classroom. you can seat marquees here. minimum day schedule. heat advisory both today and tomorrow because. heat. and that means the students here are going to go home at 11:30 this afternoon, instead of staying the whole day in class. that includes not just prospect high school but all schools in the campbells district. one of the superintendents told us that because more than half of the classrooms in the district have no air conditioning, there's just really no way to keep all of the kids in school with the kids. >> i think it's ridiculous, but that's okay. >> i'm out of school early. >> reporter: and the football team is preparing for their season opener this

chris over to you. >>> okay thank you. murder of a taxi driver in the bronx. police have arrested 24-year- old nicholas sanchez. he's being charged with murder and attempted robbery. police responding to a 911 call early monday morning found driver mamadou barry unconscious with a gunshot wound to his head and later pronounced dead. >>> a massive drug bust in the bronx, police seize about two million packets of k2 synthetic marijuana in an undercover operation. last night's bust in morris park was an extension of another sting from last week. the drugs valued at $10 million were found hidden in laundry bags. >>> well, when he arrives in new york, pope francis will be staling at the vatican's diplomatic residence and cbs2's andrea grymes joins us live from the upper east side with more details on that. and a special guest. andrea? >> reporter: good morning to you chris. yeah we've been talking for weeks about just how massive this security operation is. joining me live this morning here on the upper east side in front of the residence is police commissioner bill bratton. and as well as robert seka special agent

chris and mary, back to you. >> thank you. >>> more complaints about new jersey transit, but nothing to do with commuter service. >> it's a concern over potentially toxic railroad ties, and hazel sanchez is demanding answers for njt. >> it's irresponsibility on the part of new jersey transit. >> reporter: delores says new jersey transit dumped a massive pile of railroad ties across from her independent living in glenrock, new jersey, saying the amount of flammable wood makes her and her neighbors nervous. >> there's the possibility it could cause cancer, and being a survivor, i think it should be removed as soon as possible. >> reporter: hundreds of these ties have been sitting off the tracks near the glenrock train station for a month. crews have been replacing them for the annual maintenance program. the ties are treated like utility poles to keep them from rotting, but it's a known carcinogen. >> they put them there and created a hazard. if i or my neighbor had a hazard in his yard, we would be fined and told to get rid of it. i don't know why we can't compel new jersey transit to fix the problem they have created. >> reporter: new jersey transit claims the rail ties are not an env