what was aldon smith booked on? >> reporter: just minutes ago the lapd confirmed airport police arrested aldon smith on a charge of making a false report of a bomb threat. eyewitnesses posted video of police taking aldon smith into custody online. police say about 2:00 p.m. today, smith was randomly selected for a second security screening at a checkpoint at terminal 1 at l.a.x., police say smith became belligerent and indicated he was in possession of a bomb according to police. smith had proceeded toward the gate to board his flight and police officers detained him at the gate. on one of the videos you can hear him say "i've done nothing wrong." aldon smith has been arrested twice for dui and is facing weapons charges in connection to a house party at which he was stabbed in 2012. the 49ers general manager released a statement a short time ago, "we are disappointed to learn of the incident today involving aldon smith as this is a pending legal matter we are still gathering pertinent facts, we will have no further

smith's arrest. it said quote: >> pam: "we are disappointed to learn of the incident involving aldon smith." ". as this is a pending legal matter, and we are still gathering the pertinent facts, we will have no further comment." >> reporter:aldon smith's legal troubles off the field have made headlines throughout his three year career with the 49ers. >> reporter:the 49ers select aldon smith, defensive end, missouri. smith is a surprise draft pick, but it looks like a good one. >> reporter:he has a great first year: 14 sacks as rookie linebacker, the best in the nfl in 2011. the niners roll into the nfc championship with a home field advantage, >>live from candlestick park >> reporter:an agonizing loss in overtime >>the giants are going to the super bowl >> reporter:smith heads to miami, where he is arrested on suspision of dui. the charge was later reduced to reckless driving five months later, the infamous party at his home in the san jose hills. the police are called after gunfire breaks out. >>it

charlie murphy and al smith, al smith in particular was opposed to women's suffrage at first. the women's suffrage movement passed in new york in 1917 i believe. might have been 1918. only when tammany decided, you know what? i mean, there are some calculations, i think tammany realized where history was going. it had failed before if new york. the reformers tried to get it through and couldn't. when tammany changed under murphy, it passed, and almost immediately women are appointed as co-district leaders with men. certainly in the 920s you're seeing stories in the new york press, the women of tammany hall. now, a lot of them are wives of tammany officials. but nevertheless, they certainly were integrated. i certainly wouldn't say they were advanced on the issues of women rights but they were there. and women got the right to vote in new york ahead of every other state except for michigan. so new york was the second state in the union to pass a women's right to vote, and they did it under tammany. so let's give the boys a little bit of credit. [applause] [laughter] i may be ru

police arresting smith at lax.police say tsa agents randomly selected smith to go through a secondary security screening. that's when police say smith became belligerent and claimed to have a bomb. he's now out of jail after posting a $20,000 bond. this is not smith's first run in with the law. police have arrested alden smith twice for dui. and he's also facing felony weapons charges in connection with a party at his house. >>> we also have an up date in a fire that we rorted at the top of this nuz cast. the fire is now under control at our former station, kntv. the fire started just after 3:00 in san jose. about a hundred firefighters battled the flames and the thick, black smoke. two fire fighters were treated for minor injuries. the cause of the fire is still under investigation tonight. >>> and, now, to our continuing coverage of that deadly bus crash. today, a survivor spoke sout about what happened. the 18-year-old man is still recovering from burns to his face and body. and he spoke to us from his hospital

. >>> aldon smith out on bail now. but his legal troubles are far from over. >>> good morning to you. thanks so much for joining us. >> arson investigators will soon be on the scene of a former kntv building trying to get a better idea of where the fire started and how. bob has been at the scene all morning. bob, you just spoke with the fire department. what do they think happened? >> reporter: they don't know yet. good morning to you, peggy. they don't know yet what caused our old newsroom and studio at 645 park avenue to burn down. but they're thinking as of right now, is that the person, man, was probably involved, because whether or not it was accidental or intentional, they don't know. but they believe a man was involved because there were people inside at the time. and this building was not hooked up to pg&e. these were homeless people who had moved in over the years, with belongings with things like barbecue grills and propane tanks and motorcycles. they also had torn down a lot of walls inside creating a lot of

not long after we smith wrote this -- roosevelt wrote this letter to smith who was telling people he would not run for president in 1928. >> i know perfectly well that you as you read this letter seedier so quite honestly that you are not a candidate for 1928. nevertheless, you will be a candidate in 1928 whether you like it or not and i want to see you as strong a candidate as it is honestly possible to make you when the convention meets. >> tammany was a candidate in 1828. the son of the lower east side and proud member of tammany hall became the first catholic, the first nonprofit sent to any major presidential nomination only to lose of course the landslide to herbert hoover. in that year's election, cities that often voted republican flipped them voted democratic often for the first time in years. in 1832 when franklin roosevelt won the white house, he built on the support that al smith inspired urban areas and in her again last. one political scientist noted before there was a roosevelt revolution, there was an al smith revolution. the man who turned roosevelt revolution into t

they arrested smith. chief investigator reporter has been working with his sources on this developing story and he joins us now on the phone with what happened. tony, what do you have? >> yet another bizarre twist in the aldon smith story. as you said, the la police department confirmed the arrest of a 25-year-old from san jose and the 49ers confirmed he was involved in an incident yesterday. we're told the owedty will be officially released when he's booked into custody. police were called to a bravo tango statement and this is a bomb threat, 17 seconds of video showing aldon smith in handcuffs and surrounded by four to five police officers and if you listen closely, 49ers superstar appears to say to police, you are embarrassing, you are embarrassing, i've done nothing wrong. that appears to be a cell phone camera video purchased by tmz. some unconfirmed information, we're getting different data this it started when he tried to make his way through the security priority club line. he was told he did not

he was told, "that's not necessary" then, smith responded, "why not?i have a bomb." >> gary:smith was arrested for a felony punishable to up to a year in prison. he was $20,000 bail >> gary: saying they thought smith had been drinking they stressed he was not drunk but appeared to have had consumed some alcohol. smith missed five games last season while spending time in a substance abuse rehab facility. >> gary: you have deck you have to ask the family, this is a reflection on them. this is very upsetting. slowly go away but for one more thing to happen... he's gone. >> gary: and has come up that kapernick was we took a guess last week but this story will slow week goal always too. this story will slowly go away. >> gary:this has been some off season >> gary:whwn when you are a young man, with a lot of meoney money and spare time things seem to happen. >> gary:the warriors will play the first two games of the playoffs in los angeles against the clippers. tickets for games 3 and 4 at oracle arena will go on sale for season tickets holders on thursday an

and for felicia smith, change is good. >> miss smith, it's time go.verything to gave you. >> for real? >> awesome. >> her judge has sentenced her to two years' probation, and today she is being released after nearly six months in jail. >> i'll see you in two weeks. >> never. probably see me in seven years. or five. >> you got the seven-year itch then. >> whatever. no, no, no, no. look at all of these books. >> come on, santa claus. >> about an hour later, smith is bound for home. i need a cigarette, y'all. >>> see how dirty it is, disgusting. it seems john schmidt has also embraced change, and it's not just limited to his appearance. >> oh, yes! look at that. see, that's called the dirty bird. >> birthy bird? >> it's like rotisseried chicken. this is the best meal. >> why you get two pieces? >> because i don't lie around when i come out. i clean up. because if you do the right things, they'll look out for you. if youability like a jerk-off, then you don't get nothing. >> schmidt has earned the trust of staff. they have let him resume his job cleaning

smith now has a pending legal court date in l.a. and then two pending court dates here in santa clara county. reporting live in santa clara, christie smith. >> all right, christie. >> just one in a string of incidents. smith's teammates are also facing legal trouble in recent weeks all during the off season per hoop colin kaepernick has been linked to an ongoing police investigation in miami. also cornerback chris culliver pleading not guilty. now, we will have more details about all three of the separate investigations coming up in our next half hour. >>> right now 6:08 on a monday morning. that means it's time to take a live look outside and get our day started. can you make it out? no, a lot of thick fog out there. thick clouds overlooking san francisco this morning. the warmest day of the week is starting out as kind of a cool one. christina has a look at our forecast. >> hey, good morning to you. >> like pea soup out there. look at the difference. our microclimates always start to make a big impact at this time of year. you'll

smith is out on bail. now, that bomb threat charge that is punishable, if convicted, by one year in jail. reporting live in santa clara, christie smith. >> not the kind of joke you make at the airport. christie, thank you for the details. >>> the fourth criminal case against smith in the last two years and also been arrested twice for dui and is facing weapons charges in connection to an ought of control party at his san jose home back in 2012. our investigative unit has spent hours looking into all of smith's legal troubles after this recent incident, including his weapon's charge. you can see those details on our website, nbcbayarea.com, just click on investigation. >>> 5:34. investigators in san jose still trying to figure out what sparked a massive fire that gutted kntv's old studio. that building over on park avenue or near downtown san jose has been abandoned for the past several years. but firefighters say homeless people were living inside. bob redell just spoke to someone who was living inside. he

where our coverage continues on aldon smith. yesterday regarding smith's arrest. it says quote: "we are disappointed to learn of smith." ".as this is a pending legal matter, and we are still gathering the pertinent facts, we will have no further comment." still to come. a pinole eighth grader is the center of controversy. all because of what's printed on his t-shirt. a program to help residents of oakland remove their bulk trash is an overwhelming. .and overflowing success! and an animal control officer in oakland gets in the way of an animal *out of control. the latest on what happened -- next. police in oakland say, an animal control officer was attacked by a pit bull today. this is video of the scene from our helicopter partnership with a-b--c 7. it happened as crews were responding to an animal abuse call. on 22-hundred block of 11- th avenue. officials say, the officer war bitten on the hands, forearm and leg. shortly afterward. the dog was contained. police have not released any other details at this time. coma second person wearing google glass. has been at

smith's legal troubles don't end there. he is also facing three felony charges for possessing illegal firearms. smith's attorneys were in court friday for a hearing in that case. they will be back in court later this month.to consider a possible date for trial. new information is being released about the bus crash in orland that killed ten people. kron four's dan rubin reviews n- t-s-b's latest findings. accident. information released today,b's earlier reports. college-bound students was interstate five through the town of orland. about 100 miles north of sacramento. a fed-ex truck was travelling southbound when it crossed over the median and his the bus that was heading to humboldt university. an eyewitness told the n-t-s-b that the fed-ex truck was on fire *prior to the collision. today, a different point of view. *post -impact fire is one of the two main issues the n-t-s-b is looking at. today, another revelation that could explain why could not the crash. crash. that means the only way people could escape would be throu

taking aldon smith into custody. smith became belligerent after he was randomly selected for a second security screening at a checkpoint. he claimed to have a bomb. a spokesperson says smith may have been drinking prior to the incident, but it was the charge of making a false bomb threat that landed him in jail. an airport employee told him by phone that he saw the confere e confrontation at the gate. >> i looked and saw who it was and he was taking money out of his pocket and throwing it on the ground and telling everybody he was going to be all right. he was going to be all right. >> now, the 49ers general manager released a statement that reads, "we are disappointed to learn of the incident today involving aldon smith as this is a pending legal matter and we are still gathering the pertinent facts." still no word when smith is due in court making a false report of a bomb threat is a felony punishable by up to one year in prison. >>> now, in this latest incident the fourth criminal case against smith in just the la

al din smith is in trouble with the law once again. the bizarre story behind his latest arrest. >> stories of heroism and survival from the deadly bus crash in orrland are emerging as the investigation continues. after the break, we introduce you to one survivor who vowed to save his life and the lives of so many others. ,,,, >>> tmz video shows aldin smith. it happened sunday in terminal one after smith was chosen at random for a secondary screening. police say the 24-year-old became belligerent and uncooperative and at one point said he had a phone. >> firefighters keep watch over an abandoned building gutted by a massive five alarm fire in downtown san jose this morning and destroyed a tv news building. >> our fire crew examined the scene and video. there is no evidence of preimpact flyer at the accident scene on the median or the highway. now taking another look at proposals to enhance the fire passenger safety for buses. from across the bay to around the world, the stories that matter on kpix 5 news this morning. federal bus safet

they did not identify him as aldon smith. in fact, aldon smith is 24 and will be 25 in september. but eyewitnesses to the arrest have posted video online that appears to show police taking smith into custody. the statement from police says about 2:00 p.m. today, a 25-year-old man from san jose was randomly selected for a second security screening at checkpoint in terminal 1 at l.a.x. police say the man became belligerent and indicated he was in possession of a bomb, according to police. that man who witnesses identify as aldon smith then proceeded toward the gate to board his flight and police officers arrested the man at the gate. on one of the videos you can hear the man say "i've done nothing wrong." aldon smith has been arrested twice for dui and is facing weapons charges in connection to a house party at which he was stabbed in 2012. the 49ers general manager released a statement that reads "we are disappointed to learn of the incident today involving aldon smith as this is a pending legal matter we are still gathering the pertinent facts and we will have no further comment."

this time smith was arrested at los angeles international airport. police say smith.ho is currently dealing with 2 separate cases in santa clara county on weapons charges and a d-u-i. became "belligerent" after he was randomly selected for a secondary security screening. then before walking to the gate, authorities say smith told a t-s-a agent he had a bomb. >> anny: we're looking at another nice day but areas of fog. here is robin with your forecast. >> robin: today will be the warmest day of the week. this is what you can expect. it is mainly in the '50s. novado and santa rosa is where we have a lot a dense fog. i will get to that in just a bit, 52 for san francisco and 48 degrees right now in sunnyvale. as we take a look at the visibility chart you could see just how thick the fog is. about 15 minutes ago it was down to zero. but it is starting to get better. the fog is stretching all the way to the valley. here's a look as satellite and radar. high pressure remains in control. once again, tuesday, the high pressure will start to break down and the sea breeze will

witnesses say smith appeared to be drunk. 49ers' general manager released this statement following the latest legal trouble. "we are disappointed to learn of the incident involving aldon smith. as this is a pending legal matter and we are gathering the pertinent facts we will have no further comment." smith is due in court and faces drunk driving and weapons possession charges. smith missed five games last season when he went into rehab after his dui arrest in september. >> she a marquis player in the league. kids look up to him. how can you be a positive role model to the kids from you doing activity and negative events like this. >> i am not a niners fan, but if he was on my team i wouldn't want him on my team anymore. he would be cut. >> other 49ers had their own run ins with police. san jose police arrested chris culver on hit-and-run charges last month. on thursday colin cap -- kaepernick was one of three nfl players named in a miami police report. detectives have not determined if a crime was committed. stay with abc7 n

the professor's best advice for smith? get a good lawyer, something the pro football player should easily be able to afford. >> get a good lawyer. >> that's my advice to everybody who finds themselves in this sort of situation. >> reporter: brian webb, kpix 5. >> 49ers general manager said a statement: we're disappointed to learn of the incident with aldon smith. this is a pending legal matter and still gathering pertinent facts. we have no further comment. smith isn't the only 49er to have a recent run-in with the law. chris culliver was arrested for hitting a bicyclist and among three informal players in a miami police report involving, quote, a suspicious incident with a woman. no one in the case though has been charged with a crime. >>> developing news in san jose, firefighters are keeping an eye on a downtown building that was destroyed by a five alarm fire that started around 3:00 yesterday alternate flames and smoke could be seen from miles away. two firefighters were treated for minor injuries. no one else was hurt

smith's legal troubles don't end there. he is also facing three felony charges for possessing illegal firearms. smith's attorneys were in court friday for a hearing in that case. they will be back in court later this month.to consider a possible date for trial. new information is being released about the bus crash in orland that killed ten people. kron four's dan rubin is joining us live from the newsroom. he's been reviewing the n-t-s- b's latest findings. they were delivered at, what the n-t-s-b says will be, the last press conference on the accident. information released today, contradicts some of the n-t-s- b's earlier reports. on thursday. a bus carrying 44 college-bound students was travelling northbound on interstate five through the town of orland. about 100 miles north of sacramento. a fed-ex truck was travelling southbound when it crossed over the median and hit the bus that was heading to humboldt university. an eyewitness told the n-t-s-b that the fed-ex truck was on fire *prior to the collision. today, a differ

smith also faces weapons possession charges in san jose. the 49ers released this statement saying we are disappointed to learn of the incident today involving aldon smith as this is a pending legal matter. and we are still gathering the pertinent facts. we will have no further comment. >>> a fire is now under control at a former tv station in san jose. it started about 3:00 this afternoon at the former kntv studio at park avenue and south montgomery street. it took firefighters two hours to get the fire under control. two of them were injured during the response. investigators aren't sure how it started, though they say dozens of squatters stay there every night. right now it's still not safe enough to go inside to see if anyone did not escape. >>> the search is on tonight for the cause of a dramatic east bay fire which heavily damaged four businesses in berkeley. it happe night near hearst and second streets. smoke and flames could be seen for miles. cornell bernard shows us the damage today. >> reporter: the five-alarm fire saturday was i

there is a good chance smith will be facing a suspension. on top of that, his future with the 49ers is in question. the team has until tend of the month to decide if they want to exercise his fifth year option in 2015. >> 49ers traded joe montana. they can do that with anybody. every play services expendable. smith having three legal matters at stake right now does not make him an appealing candidate. >> if you were a 33-year-old vet, he would be out the door. but here he is a 25-year-old guy who can still play. i'm not proud of this. i would be on the side to try and protect him because i would want to keep him as a player. >> honest comments from john madden. what should the 49ers do with smith. keep him? trade him or relays him? check out my commentary on the game day blog and give us your input on kpix.com. >>> the final round of the masters have its lowest ratings in 10 year escorted. now, there are few reasons. no tiger. no phil on sunday. bubba watson taking all the suspension away on the back nine. >> small town guy named bubba now h

regarding smith's arrest. it says " we're disappointed to learn of the incident involving aldon smith. as this is a pending legal matter and we're still gathering apartment facts we will have no further comment street >>anny: happening today, closing arguments are set in the trial of three men who are charged with three counts of murder for shooting after a tattoo party in san leandro and october 2011. the men also face four counts of attempted murder. for the shooting left three people dead and three others wounded. prosecutors said the shootings were premeditated attack on rival gang. each defendant is facing life in prison without possibility of parole if convicted. >>james: today is the last day for a free tax preparation assistance program for low and moderate income tax payers. the services being offered by the alameda county social services agency. there are three locations where you can get help. the thomas berkeley self-sufficiency center in oakland. the enterprise office also in oakland and even area

tmz video shows smith being handcuffed and taken away. police say smith was selected at random for secondary screening and that's when they say he yelled bomb and became belligerent and uncooperative. >>> and developing news in the search for that malaysian airliner 370, later today, officials do plan to send in an unmanned submean into the indian ocean. the new phase in the search. >> reporter: this underwater vehicle will go deep into the indian ocean today to begin mapping the ocean floor as investigators look for missing flight 370. it's been days since crews have picked up any signals from what may be the plane's data recorders. >> we haven't had a single detection in six days, so i guess it's time to go underwater. >> reporter: those signals help narrow the area where officials think the plane may have crashed on march 8. >> i caution you against raising hopes that the deployment of the autonomous underwater vehicle will result in the detection of the aircraft wreckage. it may not. >> reporter: it will create a high resolution, 3d m

witnesses say smith appeared to be drunk. the 49ers' general manager released this statement following the latest legal trouble. "we are disappointed to learn of the incident involving aldon smith. as this is a pending legal matter and we are gathering the pertinent facts we will have no further comment." smith is due in court and faces drunk driving and ive gamesd five games last. season when he went into rehab after his dui arrest iseptember. >> she a marquis player in the league. kids look up to him. how can you be a positive role model to the kids from you doing activity and negative events like this. >> i am not a niners fan, but if he was on my team i wouldn't want him on my team anymore. he would be cut. >> other 49ers had their own run ins with police. san jose police arrested chris culver on hit-and-run charges last month. on thursday colin cap -- kaepernick was one of three nfl players named in a miami police report. detectives have not determined if a crime was committed. stay with abc7 news for the latest developm

hip-hop dancing with will smith.ery exciting to be here and be doing the show. this is a big stage for me. usually i was on at 12:49 a.m. and kind of hiding there. but now this is a big deal and a lot of pressure. and i was just wondering, you've been famous since you were a teenager. do you have any advice for me or anything? how to handle the pressure? >> you know, man, really, i was watching all of the people that came to support you tonight. you know? >> jimmy: yeah. >> and people are coming for you. it's not -- you know, "the tonight show" is big and it's historic, but people are coming because of your heart, you know. so i would just -- [ cheers and applause ] >> jimmy: thanks. >> yeah, you know? >> jimmy: makes me feel good. makes me feel good, yeah, to see all those people. but i mean, any of this stuff get scary for you, or not anymore? >> you know, it definitely can get scary, you know. in the last few years with my kids coming into the business, it starts to be scary. but i tell them all of the time, you j

aldon smith is already awaiting charges on possessing drunk driving and possessing a gun. stuff curry led them down to 120. warriors want up the regular season tomorrow and they will open the postseason on the road even against the l.a. clippers or the l.a. thunder. they are battling in capital expressway and these are live pictures on wood set drive.

nick smith is live with a look at the effort to put out this fire. reporter: i want you to see his fire hose. you can see that firefighters are still using a defensive approach. they are using those hoses to attack hot spots in that building structure fire. look at some video that we got from a viewer who gave us these dramatic flames. you can see this these pictures. these were taken by jacob who happened to be passing by. san jose firefighters continue to battle the blaze at that time at one time reached five alarms. this is in downtown san jose and was first reported at 3:00 p.m. this is a nonresidential building. about two blocks from the san jose cal trains station. this building once housed a local tv station and is across the street from a san jose fire department training center. fire captain reggie williams of the san jose fire department spoke with me minutes ago. >> this is a five-alarm fire. the fire has been mostly knocked down. we have it completely surrounded with ladders, going through the top of the building. multiple collapses. we a

now, smith is not the only 49er to have run in with the law. chris colifer was involved in a hit and run case involving a pedestrian. and kaepernick was reported in a speugz incident with a woman. nobody -- in a suspicious case with a woman. >>> now, a fire today, the firefighters used a ladder truck to douse the flames. you can see the smoke coming out from blocks away. the photos were take when they got to the scene. two firefighters were treated for minor injuries. nobody else was hurt. homeless people are known to use it as a shelter. it used to host a tv station until 1994. they were familiar with the building because it sat across the street from the firefighters facility. >>> there was this fire that tore through warehouses last night. we spoke with the owner of the complex today. >> reporter: the morning after fire destroyed warehouses and offices of 4 businesses, firefighters were still putting out hot spots and business owners were assessing their loss. >> back to you. look at all of the expensive slabs, they went that way. see the wh

there is a sign that says "smith pac." that's what it says. and then it says, "make a donation to help smith pac support republican," if you like, or "democratic candidates." period. and then they have an address. all right. now, it doesn't take a genius to figure out what they're going to do with the money and that maybe smith will get a pretty good share of it. now, if smith has 400 people who figure this out, he will have 400 times 5,000 times one person. now, you say that really couldn't happen because of the designation. we haven't found a designation rule that would stop it. but then justice sotomayor is saying -- i don't know. and i don't either, because there's been no hearing, there's been no evidence presented. there is nothing but dismissal. >> two points, your honor. first of all, the case was brief on cross-motion for injunctive relief. so the government had an opportunity to make a record and it chose to treat this as a legal case, not as one in which -- >> do -- do we need a record to figure out issues of law? >> and that's my s

gary lee smith decided to come forward. he testified that bob hoard, not gloria, had recruited him for the robbery. >> i had to take off work. it seemed inconsequential really because this gal's life is involved. >> he said somebody else did it. that was the first time i kind of got any complete picture of it. i was just amazed. >> but the star witness was gary masse. this time, he would testify for gloria. >> gary masse was very upset at the prosecution because he felt he had been misled. >> gary masse said, they promised me no more than 12 years, he said, it would be in a federal prison and i would get drug treatment. i got none of that stuff. >> now, gary masse was ready to come clean about perjurying himself at gloria's trial. >> i read passages of his testimony at the trial and i said, was that the truth or a lie? he said, that was a lie. that's exactly what i wanted to get from him. >> all of the sudden, the judge decided to question gary masse himself. >> that's almost a challenge the way masse saw it. is everything

the debbie smith legislation is important but the justice for all act is a lot better than that. why don't we approve that? the presiding officer: is there objection? mr. reid: yes, i object. the presiding officer: objection is heard. the republican whip. mr. cornyn: the majority leader thinks this is a zero-sum game. this could be a win-win. debbie smith who i've met and i dare say virtually every member of this body knows, is a passionate advocate for this cause, and hence the naming of this statute, this law on her behalf. because she recognized that these unprocessed rape kits was a national scandal and that people like her, who had been victims of sexual assault, needed help from the federal government to help provide funds to local law enforcement agencies to test and process these kits so as to identify the perpetrator and get them off the street. so what debbie smith has asked me and i dare say the majority leader and all of us to do is to take up this piece of the bill. we can do that, and i think we will have done a good thing today. if we can't take up the justice for

smith. to the fox news deck. lawyers for the man who killed two teenage intruders are trying to convince the jury that any reasonable person would do the exact same thing. any reasonable person would shoot two teenagers nine times. that's despite the prosecution's claim he had it in for the teens, carefully planned the killings and waited not hours but a full day before he even called the police. the man's name is byron smith. he claims he killed the teens in self-defense when they broke into his moment in minnesota in 2012. his defense team is now making its case after the prosecution wrapped. their last witness was a forensicses expert. she testified the gunman shot these teamage cows south carolina total of nine times at close range between six and 12 inches away. state law does allow the use of deadly force in minnesota. to defend yourself and your home. but the prosecutors say this crosses the line. and this, they say, is murder in the first degree. they say the man parked his truck away from his house so it

what linebacker aldon smith said at an l.a.airport that landed him in handcuffs. >> reporter: we're live in fremont, where investigators are trying to figure out what caused a house to catch fire early this morning. we'll tell you what people in the neighborhood said before they discovered the flames. >>> good morning. northbound 280. a new crash. bay bridge toll plaza is delayed as well. it's about a 30-minute drive time. coming up, we'll talk about not one but two problems in the south bay. >>> fog or sun. the key for tonight will be the lunar eclipse. viewing it near the coast might be iffy. give you details -- coming up. ññññññññ >>> welcome back. look at this damage. this is the aftermath. a fast-moving house fire this morning in fremont. janine de la vega has been out there for most of the morning. coming up she will tell you what family members told her they heard just before the fire. stay tuned for that. >>> it's april 14th. i'm dave clark. >> a quick look at weather and traffic. any fog out there? >> a lot of fog, tor

smith. and so we have it's not you know, it's a statute that directs us to a body of constitutional law. that body of constitutional law is, i think, very different from the one you portray in your brief. it suggests that accommodations should be made sometimes, but rarely, and subject to a to a balancing analysis, not to a compelling interest standard in the way we would use it for, say, race discrimination. so, you know, what's the response to that? >> well, first, justice kagan, let me take a little bit of an issue with your premise and let me try to responsive to your question anyways after i do that. how i'd like to take issue with your premise is that when congress first passed the statute rfra, it talked about free exercise as defined in the court's cases. and then at the time that it passed rluipa, which is a later statute, it actually confronted some lower court cases that had limited rfra and tried to impose a centrality requirement. and congress didn't want that. it didn't want to

oh, music from sam smith is on the way.voice of ironman's head. starting friday see him in the sci-fi thrill er transcendence. >> he did it six months age instead of creating artificial intelligence he duplicated an existing one. he recorded the monkey's brain activity and uploaded its consciousness like a song. his body is dying. the mind is a pattern of electrical signals we can upload. >> he is a monkey. >> jimmy: transcendence opens a week from friday. please welcome paul bettany. >> jimmy: good to see you. >> lovely to see you. >> jimmy: everything all right with you. >> little anxious. because nothing funny has happened to men the two years since i last saw you. well, actually, no, one thing happened -- the other day my friend rung me up. he had been in the restaurant with his 9-year-old daughter. she had just called the waiter a douche bag. and he had asked her, where, where did you learn such a word as douche bag. she said, oh, uncle paul. >> jimmy: really. >> he said, well, in what context, did he call -- who did h

bomb threat charges are not smith's only legal troubles. he'll be in a san jose courtroom next week for a hearing on felony weapons charges and drunk driving. smith is accused of shooting at people who would not leave a party at his house back in 2012. two people filed a lawsuit against smith and former 49er delaney walker claiming they were injured in that shooting. just yesterday one of those men reached an out of court settlement with smith and walker. >>> you know, rain is in today's forecast, but the drought in california is still affecting all of us, even the animals, of course. "today in the bay" chase cain is live where even the smallest animals are feeling the effects of the drought. some of the small animals. >> well, some of them are not so small because yesterday not far from where we are now, someone spotted a four-foot rattlesnake. i would not want to come too close to that. at evergreen college just on the other side of montgomery hill park where we are. of course, people in this area are being advised to watch out for that.

smith appeared in court in connection with two earliest arrests. he was arrested for driving under the influence and he possessed a legal assault rifle at his home in san jose. at. >> near chico, the major piece of evidence that could provide insight into what caused the fiery crash and he will be here to tell us, knows though same dog treats we are wondering if they are safe. ñ . >>> today for the first time they have launched a robot particular vehicle. they are explaining why they will drag out the search a little bit longer. >> they have launched a bluefin 21 and each will take 24 hours to deployant for the search data to be downloaded and liced. they can take anywhere from two weeks to 6 months for the bluefin to search the entire area. they found the sound in this part of the indian ocean but those sounds have not been heard in six days but they believe the batteries in the black box may well have died. it has been a few days with 239 people who may have disappeared. >> they are rising hopes that the deployment of the underwater vehicle may r

ment we're disappointed to learn of the incident today involving aldon smith. as this is a pending legal matter and we are still gathering the pertinent facts we will have no further comment. >>> in the search is on for the cause of a dramatic east bay fire which heavily damaged four businesses in berk -- berkeley. smoke and flames could be seen for miles. cornell bernard is live in berkeley where openers are starting to pick up the pieces. >> hard to believe 24 after it started this fire scene is still smoldering here. firefighters are here searching for a cause. they're being aisled be the atf. damage from the fire will be in the millions. nobody was hurt, but a lot of firefighters came awfully close. >> the five-airplane fire saturday was incredible. lighting up the night sky. 70 firefighters from around the east bay spent hours trying to contain it. when the sun came up the damage was clear. >> boy. i don't know. i can't believe what i see. i can believe it. >> bill is getting a closeup look of what is left of the warehouse he owns after the fire destroyed

as director smith talked about. even though she's putting $5 million a year in repairs, the deficit in terms of repairs is growing by $15 million a year. every year an additional $10 million gets added to the list of deferred improvements. and as we know from the recent discussions about the elevators, the mayor was successful in finding funds to try to address the elevators. that amount was greater than the entire repair and maintenance budget for the rest of the entire housing stock. so that's how bad things are now in terms of what the operations in terms of repair and maintenance of the buildings are. buildings continue to decline. so one of the things that hud has the responsibility of ensuring that the monies they give to housing authorities is spent wisely. so there is this sort of joke. they give you 70 cents on the dollar, that's what they have done on section 9 funding for some housing authorities. and because of what they would say is, we estimated that the cost of operating public housing is $100 a year,

which is, it includes the debbir smith language but does a lot more. >> mr. president. >> republican whip. >> mr. president i ask the distinguished ranking member of the judiciary committee to remind me what the challenges with the justice for smith act, justice for all act. we have a member on our side who was unfortunately not here today because of medical concerns, that has concerns about that bill, so we can not pass that bill by unanimous consent over that senator's objection. so, what we can pass is the debbie smith act which is a piece of this, which there is no objection to that i know of. and then we can get this rape kit issue addressed today while we take up the concerns of the absent senator who is necessarily not here because of medical issues when he returns and when the senate returns. so i would reiterate myi unanimous consent request, that the senate take up and pass by unanimous consent the house-passed debbie smith act. >> reserving the right to object, mr. president. my diversion, delay. judiciar,y committee took what the house did, review

witnesses say alden smith appeared to be drunk. lax police claim smith yelled the word, bomb, inside a terminal. it appears the trouble started when he was randomly selected for additional screening and argued with a tsa agent. he miss five games last season after going into rehab after his dui arrest in september. we'll have more at 6:00. >>> we are live on the scene of breaking news and we'll bring you the latest on the large building fire in san jose. >>> also, another corrosion concern involving the bay bridge. what engineers are warning us about now. >>> the bay area city where fire crews still rescue cats stuck in trees. >> good evening, i'm frances dinglasan fran in the accuweather center. i have warmer temperatures for tomorrow and the sevenday forecast coming up. to dinner.t impossible to get them to sit down that's why we have... kfc dip'ems! a kfc dip'ems bucket, 20 extra crispy tenders. 6 awesome sauces. i mean he's sitting still, this is kind of miraculous. ♪ ♪ turn around ♪ every now and then i get a little bit hungry

we'll bring you the latest right here on "shepard smith reporting." name is karen and i have diabetic nerve pain. it's progressive pain. first you have that, that feeling of numbness. then you get the hot pins. it got to the point where i felt like, almost like lightning bolts, hot strikes into my feet. the pain was, it was... i just couldn't handle it, so my doctor prescribed lyrica. the pain has been reduced and i feel better than i did before. [ male announcer ] it's known that diabetes damages nerves. lyrica is fda-approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or, swelling, trouble breathing, rash, hives, blisters, changes in eyesight, including blurry vision, muscle pain with fever, tired feeling or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol

smith is one of the dr filers. i'm sorry if your name is on the application you can't speak at this time because you're a party to the team >> i was only presenting the thoughts of of the millers and mckenzie. >> she would have been able to speak if you provided her with time within our 5 minute time the rules and regulations of the planning staff says the dr team is allowed 5 minutes and that includes any dr person 0 on the application as well as their legal council representing them and any architect or engineer that has obey hired to help. >> so far no one has ever in the responses to the dr has every notified me of anything i've not received anything in the mail about this meeting. so it was almost as if i was go forward on the dr. >> i don't have is copy well, it's in the application oftentimes with one application we forward that to whoever address is on the application for the dr i don't know why you weren't invited. >> the only notification i got was from kenny was left out of the loop totally and i apologi

the tsa agent says smith made a phony bomb threat when selected for additional screenings smith faces drunk driving and weapons charges in san jose he went into rehab and missed five games. >> there is another april shoufr or two headed to the bay area. now an area of moisture moving over the city. maybe wet spots but already wetter spots to our north. this rain is hitting the ground moving onshore into western sonoma county. and we do have wet weather coming our way, continuing during overnight hours. here is our forecast at 7:00 this evening. spotty showers and later tomorrow, things will change. we'll take a look at what is coming next in the accu-weather forecast. >> supporters in san mateo ready to do battle tonight. they want to develop the site where it hits off highway 82. leanne? >> some this will be an opportunity for many people to provide input it will be the developer versus the skaters. eye center is where families came to skate. dina said her son lived here. he was with his coach here all the time. >> the skating rink closed nearly a year ago the sign is gone the rink a

about 30 seconds ago, i got a text from the political consultant of lori smith. he says, partly, it is sad that mr. klaas is so thoroughly misinformed on this subject. no individual has done more to protect the public from the suspect or followed up more leads in the search for sierra lamar. it's very contentious now, here at the steps of the sheriff's office in noon, it will be victims' advocates going to endorse kevin jenison. we're waiting to get a phone call from marc klaas. to read his entire statement, logon to our website, nbcbayarea.com. we're live outside the sheriff's office in san jose, i'm damian trujillo, nbc bay area news. >> also today, we could learn more about the evidence against state senator leland yee. right now yee and his lawyer are in court for a pre-trial hearing and to discuss the next steps in the case. earlier this week, the suspended state senator pleaded not guilty to federal charges of corruption, gun running, money laundering, and drug charges. former san francisco school board president keith jackson and convicted gangster, raymon

. >> david smith is one of the many photographers spread out around the track to record every second-paced excitement. >> it was actually a quite bright day. i decided to put my coat over the viewfinder so that i could block out the sun. >> biker john kirk ham and the rest of the riders get into position. >> the race begins -- >> a good start -- >> john kirkham -- >> i passed a few people. >> in the lady, kirkham second -- >> i was sort of dropping back. something wasn't quite right. >> cameras capture kirkham now in forth place struggling. >> had a big moment, then -- >> i couldn't work out what the problem was. >> the bikers are on their ninth lap around the track when kirkham loses control. >> from my position, i could see them coming under a bridge just around a bend. >> oh! >> saw one bike slide and starts heading what i thought was to my left-hand side. >> it was kirkham -- >> he flies across the track and slid into the grass. >> i thought, this isn't too bad, i'm not going to hit the barrier, i'm going to slide across the grass and stop. i didn't miss the barrier. >> kirkham i