. >>> back to walnut creek now where jean elle is live. jean? >> reporter: this scene is still very active. more than 35 firefighters are here. the fire is out, but it's the gray house behind me and you can see the charred -- the damage on the second floor of the gray house there. firefighters say that's where it started. when they got here, there was heavy smoke and flames pouring out. we have video from earlier. firefighters got here and stau the active fire and called the second alarm so that more firefighters got here. firefighters put water on the fire. once they were able to get inside, they did find a man inside. and he did not survive the fire. they say it looks like the man was trying to get out, but this fire was intention. the second floor was involved and it appeared it had been burning for a long time. the floors had burned. there were holes in the floor because the fire had burned so long. here in walnut creek tonight, we have one man who did not survive. firefighters say he was trying to get out. but it looks like he died upstairs

reporting live in san francisco, jean elle, nbc bay area news. >> thank you, jean. the night's most emotional moment came when the president singled out cory remsburg. he's an army ranger and there as a guest of the first lady. >> sergeant first class cory remsburg never gives up and he does not quit. [ applause ] >> that ovation lasted nearly two minutes. he was nearly killed in afghanistan. president obama told his story and recognized his courage. >> day by day, he's learned to speak again and stand again and walk again. he's working toward the day when he can serve his country again. >> remsburg was injured by a roadside bomb during his 10th deployment. he was in a coma for three months and is partially paralyzed, and blind in one eye. >>> hundreds of people turned out to a funeral home for a viewing of b.a.r.t. police sergeant thomas smith, killed by a fellow officer last week. tomorrow, several hundred members of law enforcement from around the country are expected at the funeral, including the officer who killed smith. terry mcsweeney joins us from the east b

jean elle, nbc bay area news. >> thanks, jean. for more on the impact of the weather, let's go to meteorologist jeff ranieri. >> the real big catalyst for this early allergy season is high pressure. when you look at things overall, this has not moved the past three to four months. high pressure san diego ohere, temperatures as we heard, helping the plants to bloom a lot sooner. for thursday, pollen in the moderate category. tree and mold right now in the low category, but when you calculate things over the next four days, we'll stay in the moderate range through sunday when it comes to the pollen in the atmosphere. the other thing for tomorrow making it worse, wind 5 to 10 miles per hour. that's going to stir things up. we'll have details coming up in the forecast. >> thank you, jeff. >>> speaking of this drought, house speaker john boehner was in the central valley today. this is a critical region for the nation's ag business. he and three other republican congressman are proposing emergency legislation they say will bring more w

jean elle is live with more on what led up to that killing. jean? >> reporter: jessica, it was an argument between two teenage siblings. it happened inside this building. that fight escalated into a shooting and now a 17-year-old girl is dead and her younger brother is on the run. an emotional mario tolliver is comforted by family outside the apartment building where police say his 14-year-old son, mario, shot and killed his 17-year-old daughter, justice tolliver. a young mother who is survived by her 2-year-old daughter. >> she's a good mother, a good person. >> justice was a beautiful young lady. she was -- she's a young mother. she's a caring -- she just wanted to be there for her daughter. >> reporter: the brother and sister argued inside their apartment before the shooting. stuart isn't sure where the 14-year-old suspect got a gun, but he's not surprised the teen had one. >> even if he wasn't my family member, i wouldn't be surprise if these young kids don't carry guns. that's the nature of what they do and what is at stake in this day and age

reporting live in san francisco, jean elle, nbc bay area news. >>> in the south bay, a 14-year-old girl was killed after being hit by a vta light rail train. deputies say danica garcia was hit while riding her bicycle around 7:30 this morning. that's just east of bascom avenue. deputies are reaching out to potential witnesses who may have more information on this crash. >>> a confession and more charges. tonight, we're getting new critical details about the san jose arsonist. patrick brennan faced the judge for the first time in section with the 13 fires he's accused of starting. >> reporter: today in court, patrick brennan visibly shook. he's charged with arson. he gave police a tour explaining how he did it. he put a bag of debris in a paper bag, threw it underneath this warehouse and set it on fire with a lighter. that fire alone caused $5 million damage. >> the total amount of damage that we estimate so far from these fires that were caused is in excess of $6 million. six of the structures were occupied by individuals, by people, by residents of our county at the time these fires we

jean elle joins us from stanford this evening. strange to say, but a lot of people at stanford rooting for arizona tonight. >> reporter: stanford lost here at home tonight, but it was hard to tell, because there were so many people here cheering on arizona and san jose native aaron gordon. arizona puts points on the board and the crowd at stanford goes wild. number 11, san jose native aaron gordon, helped pack the pavilion with fans. >> we've known aaron since he was in fourth grade or something like that. to see him out here is a great thing. >> my daughter went to school with him and i've been following him. >> reporter: the 18-year-old is a fan favorite and has the attention of coaches in the nba. his parents are on the sidelines cheering on his every move, trying to focus on his freshman year, with the number one college tome in the country. but they admit it's a special time. >> i do stop and think about it for a moment with teams, you know, story book. >> he does want to be a college coach some day, so we'll have to have a c

jean elle, nbc bay area news. >> thank you, jean. still ahead, in a split second, these two men saved a puppy's life. tonight, the honor they received and the precious reunion with the little guy. >>> it's small but mighty. how this lightweightle contact lens will change the lives of diabetics. >> >> and the trick researchers say diet soda plays on your mind. >> we know the big films nominated. but there's a short documentary on that list made right here in the east bay. i'm cheryl hurd. i'll tell you who is behind that film coming up. >>> and the oscar goes to. words every film maker dreams of hearing and it could prove reality for two movie makers from the bay area. cheryl hurd spoke with them and joins us live in berkeley. [ train horn ] >> reporter: if you can hear me over this train, sometimes you just have to put it out there, and that's exactly what two bay area filmmakers did today. they put together a short film, a dock men try on a bay area teenager, and today, they ounld out they were nominated for an oscar. >> the words i

reporting live, jean elle, nbc bay area news. >> thank you, jean. as jean mentioned, the b.a.r.t. police department enacted reforms in the wake of the controversial shooting of oscar grant. grant, who was unarmed as you may remember, was shot and killed by former b.a.r.t. police officer mehserle in 2009. mehserle was convicted of involuntary manslaughter. we have learned that officer smith played a role in the investigation into grant's shooting. >>> more details now. it's been more than a decade since an officer in alameda county has been killed at the hands of another officer. in 2001, two police officers shot officer william wilkins. he was working as an undercover detective at that time. the two officers did not realize he was one of their own. charges were never filed against the two officers. his widow sued and received a $3 million settlement. coverage continues tomorrow morning on "today in the bay" beginning at 4:30 a.m. you can find the latest updates on our website at nbcbayarea.com. >>> we're following breaking news in oakland. this is the scene at 54th and wentworth.

reporting live, jean elle, nbc bay area news. >>> still ahead, e-mails, a bridge closure and accusation lgs of dirty politics. chris christie, who might be prepping for a presidential run, is in a jam over traffic. >>> plus, it's being called a daring move. the cell phone war is heating up. >>> what's the big buzz at ces? wearable technology for the youngest generation. the latest baby fashion they give parents peace of mind. >>> the coolest high tech gadgets in the world on display this weekend in las vegas. among the hottest gadgets, a onesy for baby. scott budman has more. >> reporter: good evening from las vegas at the consumer electronics show, and the best consumer technology is the kind of technology that makes life a little better, and a little more convenient. here are two examples of just that. ♪ the market for wearable technology just got younger. a lot younger. this is memo, a onesy with an intel chip inside to monitor your child. >> we talked to a lot of parents who wake up wondering if their baby is okay. >> reporter: soon they'll be able to tell, because it will tell them

. >> jean elle is at the hospital. this is the same hospital that lost another patient a few months ago. >> reporter: that's right. police officers are now involved for a search for another missing patient. i'm told the patient walked away at 1:00 this afternoon, leaving the hospital on her open. police say 34-year-old valerie gates had surgery and left the hospital. they're not telling us what kind of surgery she had but say she had bandages on her neck. she's 5'3", about 120 pounds. hospital staff members are anxious to find her because she needs vital post on medications. she was last seen wearing a green jacket andburgendy pants. police say she is homeless and frequents the tender loin. staff here and deputies did a search for her on site. when they could not find her, they called police to file a missing person's report. police released the information around 9:00 tonight and say officers all over san francisco are looking for gates. the search comes on the heels of some changes made at san francisco general after

nbc bay area's jean elle joins us in petaluma with the story, new at 11:00. >> reporter: in alyssa burns' parents have it their way, the students here will know her story for years to come. they want teenagers everywhere to know how she died so it won't happen to them. >> we learned the hard way. you need to know what your kid is into. you need to know what is out there. and talk to your kids. >> reporter: kevin byrne, and his wife, kim, talked to their daughter about drugs. the 19-year-old died in january of last year in south lake tahoe. she walked away from the snow globe concert and was found dead in a snowbank with drugs in her system. her death sparked a year of activism for the byrnes. starting with the buddy campaign. >> it's crucial if you're going to a new place or going to a party. just going out with a group of friends that you go out as a group and you come back as a group. >> reporter: at last weekend's snow globe event, concertgoers took the pledge. volunteers set up a warming station and drove the streets, picking up young people who walked away from the party, just like

jean elle. >> ferry says when the time is right there will be a ceremony for sapp at the shop. the cause of the fire, the investigation continues but ferry says an extension cord likely sparked the flames. >> family and friends continue to mourn for a mother hit and killed by a truck while carrying her baby. dozens showed up for a vigil for ashley capuchin as she was carrying her baby and walking with her sister when all three were hit by a pickup truck on new year's eve night. investigators say the impact caused the baby to fly out of her arms. >> her son was everything to her. he changed her completely. everything she ever posted on social media was about him. every picture is him. so it's very unfortunate that she's not here to protect him. but i know she'll be watching over him. >> the baby is in critical condition. capuchin's sister has minor injuries. the sisters got into an argument with family members in a car and got out to walk, that's when they were hit. officials do not believe the driver had been drinking and he is cooperating with detectives. he told them he did n

jean elle is live on the scene and has the latest for us. >> reporter: people out here are rattled. they heard an explosion tonight, just before 9:00. this happened on 46th avenue in a house. you can see firefighters are standing outside of that house. this explosion did start a small fire that is now out. police tell me the explosion was caused by the san francisco police department's bomb squad. they were called out here to check out a suspicious device, and they detonated that device inside the house. we have pictures of the store on the corner, the corner store next to the home where the windows were blown out. and some plaster was damaged as a result of that explosion. police tell me no one was hurt. san francisco police say this all started yesterday. relatives of a man who recently passed away were going through his house and found a trunk. inside they say they found something that looked like a fire extinguisher. but today they thought more about it and weren't sure what it was, so they called police. when officers came out, they called the bomb squad. the bomb squad came ou

nbc jean elle is more on this case against uber, jean? >> reporter: janelle, this lawsuit argues that uber's driver is responsible for the death of a 6-year-old girl and injuries to her family and argue d s the uber smart phone app is illeg illegal. police say uber driver hit and killed the 6-year-old on new years eve as she crossed polk at ellis street in san francisco. she and her family were in the crosswalk. uber maintains it's not responsible for the collision because he did not have a passenger in the car, so he wasn't working at the time. but attorney chris says he was working, disstraighted because he was looking at the uber app on his phone searching for a passenger to connect with. he says him and other uber drivers are breaking the law. >> there is california law that states that it is unlawful to have an instant messaging service or to use instant messaging on your phone while driving. that's what uber is. >> he also claims uber set up a shell company called raiser llc. he believes uber plans to hide behind the company when it

jean elle is live with highlights of the night. >> reporter: all we can do, ladies, is wait and make some noise. we have a lot of company down here. take a look. you can see there are thousands lined up waiting for some 5,000 explosive devices to be launched into the sky from a barge that's parked out there on the bay. they are all waiting to say goodbye to 2013 and hello to 2014. >> happy new year! >> reporter: people are pouring into the plaza in san francisco, ready to ring in the new year. for some, it's all business. >> for all the children and the big kids. >> reporter: armando is peddling for tips. >> things are slowing but it will progress. >> reporter: he's banking on high heel fatigue. >> it's one of the busiest nights. we have a wonderful view out here looking over the bay. so it's wonderful. >> reporter: for most, it's all about the final moments of 20 13. >> we're going to have a couple of drinks and watch the fireworks. >> we're staying at a beautiful hotel and overlooking the bay bridge. so i'm enjoying it. >> reporter: as the clock counts down, some are ready for a ye

jean elle, nbc bay area news. >>> in castro valley, a car rolls down a hill out of control with children inside. that accident happened around 7:45 tonight near independence park north of highway 580. officers say the mom was picking up her two kids. she forgot to set the parking brake, sending the car rolling down a hit. it hit a fence, but no one was hurt. firefighters had a chance to snap this photo of one of the kids while basing for the tow truck. >>> san francisco general will implement several safety changes after the death of a patient. lynn spalding's body was found three weeks later in a rarely used stairwell. security changes include, converting do you remember alarms. two deputy also be stationed every day of the week. there's also a new tracking system. changes begin next month. >>> the flu death toll is rising. a total of 31 reported deaths now in the bay area. today, health officials reported two more in santa clara county and one in alameda county. in california, nearly 100 people have died from the flu this season. that could climb because dozens of cases are still under

jean elle's in san francisco where she spoke to the survivor who is still in the hospital tonight. jean? >> reporter: patrick ferry is here at st. francis memorial hospital, recovering from serious burns to his hands. his partner of 29 years did not survive his injuries. but instead of focusing on his loss, is focusing on the magical life they built together. >> we helped each other forever. and we built this store that celebrated its 20th year. >> patrick ferry talks about building life with his partner of nearly 30 years. ferry is recovering from severe burns to his hands after their san francisco home caught fire christmas night. >> i raced upstairs. and the flames were coming out of the room. i tried to go in. it was way too hot. and then, he lurched out. >> reporter: sapp did not survive his injuries. friends are shocked. >> had a lot of friends. he's one of my best. >> watched sapp and ferry build a maj cal business. with no website, the store and sapp were known around the world. >> he was fielding a call from france. randy was a master of incense and oils. very much beloved

jean elle is live with more on what's to come. >> reporter: san francisco police say poke street here is a pedestrian hot spot because people get hit here frequently. take a look, that memorial over there is for a 6-year-old that was hit in the cross walk. her death has prompted city leaders to promote a safety campaign. but critics say the plan doesn't do enough. whether you're visiting or living in san francisco, chances are you've had a close call or worse while walking. >> two deaths right outside the office building. >> i have been hit. i was hit at maybe 8 miles per hour, but it still caused damage to my left ankle. >> reporter: in 2013, 21 pedestrians and four cyclists were killed in san francisco. a memorial now stands on poke street where 6-year-old sophia lou was hit and kill on new year's eve. >> more enforcement is definitely a key. >> reporter: the mayor's office announced a pedestrian safety campaign, that includes more motorcycle units patrolling, and a public outreach campaign, with the goal of reducing pedestrian deaths by 50% in seven years. >> it's actually not a ve

"today in the bay's" jean elle has more on the warning and how organizations plan to get the word outmom said i should. >> reporter: this 23-year-old hasn't gotten a flu shot yet. his mom isn't the only one who thinks he should. >> when you're young you think it's not going to happen to me. and yet, you know, it can. >> reporter: san francisco general hospital dr. chip chambers says as the number of influenza cases soar, a flu shot is a good defense. so far bay area-wide 11 patients have died, including 23-year-old matthew walker in santa rosa. his family says he was healthy but got sick and didn't recover. even after being treated in the hospital. doctors say young people are at risk for two reasons. first, it's unlikely they got a flu shot. >> they don't have interaction with the health care system so they really don't need to and people are at higher risk. >> reporter: and dr. chambers said people in their 20s probably haven't been exposed to this flu virus so it's harder for their bodies to fight it, while older people have been exposed and can begin fighting the virus faster. >>

. >> here they are again, the dynamic duo, "elle" advice columnist e. jean hussey, host of "love life" with matthew hussey. >> we love them both. >> yes, we do. are you ready? >> ready. >> let's get ready. caitlin is our first person. she wrote in a letter to us, how do i deal with my husband's ex and her family as she is unfortunately my stepkids' mother. they're giving us a rough time. >> the most vague question anyone ever heard. here's the thing, you can't control that situation. and that's why it is inherently scary, because, a, you feel like you're on the outside of it, and, b, you can't control it. this is one of those situations in life where it actually pays to be the strong silent type. you have to kind of be the one who keeps a low profile. don't overcommunicate with those guys and instead of focusing on how he's performing, focus on how you're investing in the situation with him. in other words, if you're being strong for him -- >> be supportive. >> you're being supportive, you're encouraging him, spend time with the kids, do what you got to do,

. >> here they are again, elle's advice columnist e. jeand's ex and family? she is my step kid's mother and they're giving us a rough time. >> you can't control that situation. you feel like you're on the outside of it, and "b," you can't control it. this is one of the situations where it pays to be the strong, silent type. you have to kind of be with the one who keeps a low profile. don't overcommunicate with nose g -- those guys and focus on how you're investing in the situation with him. in other words, if you're being strong for him -- >> be supportive, you mean? >> you're encouraging him, spend times with the kids. then he'll know you're his real teammate. >> what do you think? >> whatever makes the child happy. what keeps the child happy and calm and looking forward to seeing her mother-in-law, whatever -- whatever keeps the child happy. >> but that can -- but the step kids would be teenagers. they could be little brats. >> we don't know what's going on there. >> definitely are. >> question two, beth says i'm single with a marginal at