reporting live in san jose tonight ian cole nbc bay area news. >>> we have closure today for that brutal bathroom fight at levi faith state yum. a judge sentenced a central california man who joined his brother in attacking two men. he was sentenced to five years in prison. he was the main aggressor in beating up two men in the bathroom fight at levi stadium during a 49ers game last october. he must serve 85% of his sentence before he is eligible for parole. his brother faced a separate trial. >>> a local court case could set national precedent, who gets control of frozen embryos if a couple divorces. this woman wants to be implanted with eggs fertilized by her ex-husband. legal experts are keeping a close eye on the case. >> the kboel is not just to resolve the case for this couple but also to give guidance to the invitro clinics across the united states. >> there is currently no standardized contract for couples beginning ivf treatments. >>> new at 11:00, truly a miracle. a teen who survived a plane crash was found alive and well today. this is teenager. her name is you had at imviest.

nbc bay area reporter ian cole gives us a sneak peek at the animals and their new home. >> reporter:rancisco zoo past the jury rafs and large outdoor exhibits you will behind a 75-year-old building and inside south america. the building used to house birds, but not like this. the zoo spent $6 million renovating. >> the tallest emergent trees lived in here through the work. >> reporter: turning it into a rain forest and aviary. >> we're going to redevelop the zoo and this is one of the first steps in it. >> it's the first significant reptile and a.m. fib yan exhibit the zoo has ever had. everything from snakes and frogs to an con da. moving up from the forest floor to the canopy 41 different species of birds rome the sky. >> it's expanded our animal population. >> reporter: you might even spot the two towed sloth trying its hardest to have lunch. >> you're part of the rain forest, you feel the humidity you feel the heat the animals fly above you, you feel like you're immersed in the rain forest. >> before the renovation visitors would walk along one side and try to spot birds through

to the force, his family and heyward, nbc bay area's ian cole joins us odds the police department with more. ian? >> a devastating day in heyward. >> those who did know the sergeant say heyward lost a jiept of jiepd e giant giant of a man today. >> it's terrible. i can't believe it emp happened. >> liz morales attending national night out parties in his neighborhood. >> i instantly recognized him. >> lungar was shot and killed during a traffic stop this morning. his death is resonating with law enforcement nationwide. >> he was a great leader here at our organization. he inspired people every day. an incredible friend, a great father. >> he offered everyone the chance to fellow officers in mourning. firefighters and chp officers stood watch. >> no police deserves to get shot down like an animal. >> after the individual tonight hugs for heyward officers from strangers. a way to say thank you to end this day that left a hole in the heart of a city. >> several long time city officials spoke at that vigil. >> parter in down, partner down. shots fired. shots fired. white chevy sr. chevy tru

today in the bay, ian cole shows us what you need to know. >> reporter: american dream of having a home with a big lawn seems to be leaving california. >> now we can't push lawns. >> reporter: robert is an arborist who lays sod, though many customers haven't asked for grass recently. new rules mow the number down more. >> it will probably take six months or so for people to turn things around. >> reporter: the state water commission cut the amount of lawn new homes can have, starting december 1st, only 25% of the area around your home can be grass. that's down from 33% before. newly constructed businesses and schools, grass can only be in picnic areas, ball fields, recreational areas, or on some landscape that uses recycled water. >> if we use water at the current rate and doesn't rain or we have another drought year, we will be out of water this time next year. >> reporter: he says measures will remain, even if the skies open this winter. >> i say california has always been historically an arid state, and as our population increased, we've become more and more constrained relative to w

reporting live in san jose, ian cole, nbc bay area news. >> ian, thank you very much. >>> cal fire goingo great heights to make sure illegal fireworks don't start brush fires in the south bay. firefighters are on alert in that lookout tower on mt. hamilton. they're staffing the tower all day, hoping to get a jump on any potential fire. heck of a view from up there. let's go outside. san francisco's embarcadero on your left. and then the sunshine of downtown san jose. what will be the forecast for tonight's fireworks show? san jose has a good shot at clear skies. >> you can see the base of those clouds, close to 700 feet off the ground looking up at the clouds, again, patchy low clouds in san francisco, as they continue to spill in across the bay from the evening into about 9:00 all the way into the east bay. so for san francisco, we'll see temperatures fairly chilly. mid 50s, and perhaps some of those largest shells that have to move higher up in altitude they may disappear into those low clouds around 9:30. the east bay with a strong push of marine air now. looks like pleasanton will se

reporting live ian cole, nbc bay area news. >> k e okay, thanks, ian. now, to our top story. a bizarre mix of weather across the bay area tonight. >> do you hear that? that's rain from san jose. tracking these rapidly clang lyly changing conditions. >> day two of the heat advisory. you just saw the rain. cupertino, 100 degrees. 76 with limited heating today increasing clouds increasing sea breeze late in the afternoon. you can see the clouds thickening up between 5:00 and 6:00 tonight. you can see the showers passing by the east bay. gorgeous sunset around the bay area with those tropical clouds. notice the showers moving from east to west. that's pretty unusual. that's dune towards san jose right now. seeing a few showers popping up east of downtown. a lot more intense showers out towards our east. look at all of the lightning strikes out there. this is heading back towards the bay area. this will include some isolated thunder and the chance for more showers. instead of the heat tracking isolated thunder for the morning commute. tempature right now still in the 60s and 70s.

today in the bay's ian cole explains. >> reporter: the roar of the train is part of everyday life for people living near the tracks. even if it's not the most desirable part. >> normally during rush hour, we don't come out here and hang out a lot. >> reporter: in his 22 years in menlo park, russ peterson says the noise has increased and he's about to hear one more horn in the middle of the night. >> you know, one train a night, sure. more than that or if they have to stay here and test a specific part that's not working, that might be a different story. >> reporter: caltrain will begin testing positive train controls, a signaling system that automatically keeps trains from exceeding the track's speed limits. >> for those people who live near the tracks, they're going to hear more rail activity. >> reporter: the system was mandated by congress after the deadly 2008 metro link crash in southern california, and one that could have prevented the amtrak crash in philadelphia two months ago. >> i think most people understand, this is a really critical safety improvement and we have to test

. >>> ian cole. nbc bay area news. >> it's all good until a snake gets away.ll barren racer snake escaped the enclosure. >> you forgot venomous. the snake was very likely eaten by another animal, probably one of the birds, they say. a second barren racer snake is safe. they say it's like a bee sting or spider bite. >> a little nothing. and it's gone now any way. >> likely. >>> certainly not a tropical forecast that a barren racer snake would like. >> we're at 75 degrees, but later on in the seven-day forecast we could see a bit of a tropical connection. you may notice the humidity on the increase, 75 in san jose a few high clouds in livermore. oakland, 74. and into san francisco. got the sea breeze there but not too chilly. winds are on shore. and through the day today we started off with quite a bit of low clouds but the temperatures around ocean beach, not too bad. hovering into the upper 60s for most of the day. and we should see a similar forecast for thomas the lowomorrowtomorrow as clouds come back i think we'll hold the trend through about tuesday befor

. >> reporting live ian cole, nbc bay area news. >> white sharksightedings off the coast. what's the chance of actually being attacked? why researchers say it's about timing. what tom selleck is accused of >> then magnum p.i. finds himself being investigated. why tom selek is accused of doing and why it has him steaming mad during this california drought. >> alert after three major computer systems crash on the same day. tonight, the take away from all of us on that same crash. ♪ southwest is having a sale because when there's a reunion every cent should go to a killer dress. ♪"never gonna get it" by en vogue ♪ and heels. and a blowout. mani/pedi. three weeks of tanning. facial. a backup dress. bronzer, lip gloss... book for as low as 73 dollars one-way now at southwest.com. computer systems failed today. temporarily crippling the new york stock exchange.. united airlines and the wall street journal the widespread impact created frustration and >> three high profile computer systems fail today. the widespread impact created frustration and concern. >> reporter: tonight, th

quite a few of them nbc area's ian cole with a warning from the parks department. >> i was just in awe reporter: last week john carlo and his friend from specialized helicopters heard of shark sightings so they took to the air. >> about five minutes after takeoff, we counted 14 great whites. >> reporter: he graduated from uc-santa cruz in marine biology, so on tuesday he wanted a closer look and went out on his kayak. >> juvenile white shark. right under my kayak. in my 20 years of doing this i've never heard or seen anything like this. >> reporter: all sightings off state cliff state beach. some have come to watch safely from the pier. >> it's going to be hard to see in this lighting. see it coming up? see it? you guys see that? yeah, that's a little shark. >> reporter: shark warning signs remain here and at neighboring beaches as they will through the holiday weekend. >> we're a little worried. >> reporter: michael and his family came to enjoy the beach for a few days. now they just plan on barely getting their feet wet. >> that's really scary. that worries me a lot because we do, yo

. >> ian cole, nbc bay area news. >> a viral video is spark inging conversation. >> he punched me in my head open. prior to that, i had a black eye. >> 26-year-old emma murphy says her ex-partner gave him the black eye. she says he punched her after she confronted him about the affair she was having. she has now left her partner and hopes to inspire other women to do the same. tonight, the video has been viewed more than 5 million time. >>> the authors of the bill did not present it to the assembly health committee as scheduled today. they pulled it because they were told it did not have enough votes to advance. the delay means the bill cannot pass out of the committees this year. legislation would have allowed terminally ill patients to end their lives with the help of a doctor. >> former china town gang leader is headed to trial. chow will stand trial on federal racketeering charges in november. the charges range from money laundering to drug and weapons trafficking. four other defendants pled guilty last week and are now awaiting sentencing. you won't see jared pitching a subway s

here is "today in the bay" ian cole. >> reporter: last week giancarlo and his friend from specialized the air. >> about five minutes after takeoff we counted 14 great whites. >> tomai graduated from uc santa can you see in marine biology so on tuesday he wanted as closer look and went out on his kayak. >> juvenile white shark. right under my kayak. >> in my 20 years of doing this this i have never seen or heard of anything like this. >> reporter: all of his sightings off of sea cliff in aptos. some have watched from the pier. >> that's a little shark. >> reporter: shark warning signs remain here and at neighboring beaches as a they will through the holiday weekend. >> they are a little worried. >> reporter: michael and his family came to enjoy the beach for a few days, though they plan on barrel getting their feet wet. >> that's really scary. that worries me a lot because we do, you know, a lot of tourists around. >> lupe is one of those tourists from sacramento. >> it was freaking us out. we were like too late to cancel the week vacation. >> reporter: so why the sharks now? tomei thi

nbc bay area's ian cole joins us with the latest on two developments. >> reporter: we'll start with that inspector who was hired by the building's owner last year. they were in good condition back then. >>> new information from a pry private building inspector's report last august. the report claims the bat connie supports were in good conditions and the deck and rails also passed a different private building inspector who did not inspect the complex, says findings the dry rot would be next to impossible. >> 24r8d be nothing on the inside that would indicate that that was going to fail when fully loaded. >> reporter: city inspectors found the beams had severe dry rot. today, relearned the contractor who oversaw the construction of the complex wants a restraining order against the d.a.'s office. segway construction is trying to preprevent investigators from testing evidence without company rep zen tis. >> this is a very unusual request for a court. >> segway stated its concerned evidence may have been damaged when officials removed the collapsed ball connellny hours after the incident. cl

. >> ian cole nbc bay area news. >> speaking of the drought and the heat and the rain and the lightningwe've been talking a lot about weather. let's talk some more about it here's meteorologist rob mayeda and it's been very warm and muggy out there. >> all of the mid-level moisture is retaining the heat of the day and we'll see it tonight with low temperatures in the 70s for much of the bay area now and mid-level clouds on the increase and we'll see those clouds thicken up and good bet we'll see some showers or flashes of lightning after sundown out near mount hamilton and right now still hot around the trivalley and 94 degrees out by dublin and 84 in oakland and 82 with the high clouds right over san francisco and earlier, close to 85 degrees from downtown san francisco and the sea breeze has really come to an end and what is impacting our weather now is the mid-level southerly flow and bringing in all of the clouds and at time some thunderstorms around the peninsula and into the north bay and into this morning and mainly mid and high-level clouds and that is where the shower activity

. >> in san francisco, ian cole, nbc bay area news. >> now, if it wasn't for the doyle drive closure, we could get to the zoo. but everyone in san francisco, that's the per fekts place to go this weekend. >> yes, and jessica, you like exhibits like that. so i'm going to be looking forward to hearing about that. >> yes, i will definitely be there. >> we have quited down from that storm activity over the past 24 hurs. you can see no rainfall here across tlooegs the bay area right now. but we are tracking cloud cover offshore. eventually, this will be impacting our weekend forecast. let's get you right into that saturday morning forecast. if you eve been sick of the fog, it's not going to be as foggy as it has in the past two to three days. i still think we'll have low clouds but sunshine mixed in here across the south bay. let's take you into the future cast and you'll see the best location tomorrow morning to start off with some sun will be down here across the santa clara valley. clouded throughout sonoma counties. as we head throughout the day, some of the most sunshine we have seen

ian cole, nbc news. >> baby powder. >> i just wait until they dry off. >> and then the whole drive home. >> not me then. the kids. >>> up next at 11:00 from the edge of our solar system to the tv screen, new images of pluto to be revealed today. they are expected to be literally out of this world. =kris/cu= if you th those new >>> welcome back. we want to take you live to athens. this is outside the parliament building. there is a growing protest. we are hearing some reports of riot police. the greeks are waiting on a vote in greece by the parliament to accept the austerity measures sent to them by the european union. one of the reasons the greeks themselves are so angry is they specifically voted against doing this two sundays ago, yet their parliament is now considering the very same thing. we continue to watch this and keep you updated. >>> well if you think those new images of pluto are pretty cool you haven't seenening just yet. nasa expected to reveal new images more revealing than the one already sent back. the images first started coming back. yesterday. new horizons came within

. >> >>> ian cole nbc bay area news. >>> now to the presidential railings and donald trump's-- race anddonald trump's comments. >> reporter: more political fallout for donald trump after rnc chairman reince priebus called him wednesday, asking him to tone down the rhetoric. >> it was a candid conversation. donald trump was asked to tone it down but his advisers says he will continue to fight on. >> reporter: jose andres backed out of a deal to open a restaurant? the trump's d.c. hotel. >> i. >> i will take jobs back from china, jobs back from japan. >> reporter: in a wide-ranging no holds barred interview, getting a reaction. on twitter -- donald trump has changed the conversation, this is a very good thing. >> it was a waste of viewers' time with trump tripe. enough already. >> they send them to our stupid politicians, and we have sanctuary cities, and all of this nonsense. i've been saying this for a long time katy and frankly if i didn't bring it up you wouldn't be talking about it now. >> what do you think of hillary clinton as the president if they wins the nomination? >> she was t

. >> reporter: ian cole nbc bay area news. >>> i do nonwant to find out what that feels like in real time when you're not expecting it. >> i would like to think it would be very difficult to do but apparently knowledge. here's meteorologist kari hall. no one is hijacking her weather -- >> it's great, nothing to worry about here as we see in the spread from the coast to the inland areas, a look at the temperature at ocean beach. this is right now. it's 60 degrees, you see the low clouds the sunshine and an jose. it's 73 degrees, a nice school breeze kicking in a very pleasant afternoon with a lot of sunshine. lunchtime temperatures will be in the 60s and 70s. san francisco 62 degrees, and the north bay at 76 degrees, but the highs will be a few degrees warmer reaching 77 in the peninsula and the east bay, look for a high of 70 degrees, trivalueual reaching into the mid 80s. the temperatures continue to warm nilely in sunnyvale at 72. the sea breeze is keeping the coastal areas nice and cool. you can see the low clouds too, which will have a hard time clearing out. in the inland areas,

. >> reporter: ian cole, nbc bay area news. >> while you have control of your car, don't let higher pricesthe pump fool you. california oil refineries are still making money. in fact, in record amounts. that according to "the l.a. times" which looks at consumer watchdog group's analysis of the first half of the year that shows state refineries almost doubled the amount of profits they typically collect on a gallon of gasp profits this year are approaching 90 cents per gallon. for perspective over the past 15 years profits averaged under 50 cents a gallon. >>> gas prices are settling over the last week. the same true for the bay area. aaa reports san jose's average is $3.51 a gallon. the same as a week ago. san francisco unchanged at 3.63 a gallon. oakland's weekly average is a fraction higher but less per gallon than san francisco. >> all right. less money to go around on gasp all eyes on tech stocks this morning after poor earnings reports. >> for that and the rest of the news before the bell, landon dowdy live at cnbc headquarters. a very big interest in how tech stocks do. >> that's rig