smith was not hurt in the accident.reporting live in san jose, marianne favro, nbc bay area news. >>> this is not aldon smith's first brush wi. a closer look the a rough 20 months for aldon smith. >> one thing that is abundantly clea clear, it has created off the field distractions and points to a problem. smith and the 49ers must now address. his on the field performance has earned aldon smith pro bowl honors. but it's off the field that now raises the questions. during the past 20 months, the niners former first-round pick has been arrested twice for dui. stabbed at his house party. at his home in the foothills east of san jose. that party ended in gunfire, two partygoers were shot and two civil lawsuits naming aldon smith followed. >> when you look at aldon smith's situation, there's one common denominator to all these incidents and that's excessive use of alcohol. >> reporter: nbc bay area legal analyst steve clark has reviewed smith's dui arrests and the civil lawsuits. >> aldon smith's use of alcohol is key here,

this isn't the first title smith has been in trouble with the law.2012 he was arrested in miami on suspicion of dui. six months later he was stabbed during a party at his home. earlier this month, he was named in a lawsuit by a man who said he was shot during a party smith was hosting. >> when you look at aldon smith's situation there's one common denominator to all these incidents and that's excessive use of alcohol. >> nbc 5 bay area legal analyst, steven clarng reviewed smith's dui arrest and the civil lawsuit. >> the dui arrest was the best thing for the plaintiffs that could have ever happened because they need to show that aldon smith was out of control on the night of the party and that the premises were out of control on the night of the party. and exhibit a in the plaintiff's case, is going to be a dui at 7:00 in the morning. >> smith is scheduled to be in court on november 4th. live in san jose i'm cheryl heard, nbc 5 bay area news. >>> the arrest comes as high school football kicks off on this friday. aldon smith and all the talk around th

yesterday aldon smith's attorney say smith have no comment upon the litigation. our station reached out to the tigtans to get a comment from walker. there's been no return yet. live here santa clara, "today in the bay." >>> developing story in syria. president obama is gaining more support in congress for military action against that country for last month's alleged chemical attacks. the senate foreign relations committee will likely approve a measure today to back a military strike against syria. the measure would set a time limit of 60 days for military action with one 30-day extension possible and prevent the use of u.s. ground troops for combat operations. >>> russian president putin is warning the west against taking one-sided action in syria. putin says russia could support a u.n. resolution on military strikes if proven the syrian military used poison gas on its own people. >>> president obama will visit russia tomorrow. today he's in sweden. new video to show you of air force one arriving at international airport in stockholm overnight. today's trip marks

then in june of last year smith and another man were stabbed in party here at smith home in east san jose. shots also fired two party guest ensued smith for their injuries. a month later smith apologiesed to team mates. >> i feel in like after the incident that happened and expectation set for me i feel i let fans and everybody kind of look at me down. i'm really focused more than ever. not to say i wasn't in the beginning but just focus more than ever i'm ready to go. >>reporter: in san jose, david louie abc 7 news. >> within hours of the crash smith showed up at practice at forty-niner head quarter investigators work out with the team. heather picks up the story from there. >> 49ers head coach harbaugh says today the team was focused on great practice not on number 99 the smith arrest. harbaugh says he talked to smith about what happened and encouraged him to kilometer to practice. >> disappointed and the felt like l he needs to go to work. face team mates. and if soldier through it. >> whether smith plays against the colts this weekend has yet to be decided and he under discipline

smith arrested for a du nismt miami beach. >> in 2012, smith stabbed breaking up a fight at a party he had in his home z on september 3 a man shot at that party filed a lawsuit against smith and a fellow 49er. police did not say the two men did not shoot the plaintiff. >> also earlier this month prosecutors say they may consider charging smith for gun charges. police say smith had three assault rifles that are illegal in california. and today, dui and marijuana arrest. stay with us for more on this developing story we're going to hear from players on arrest of the teammate and you can follow us on twitter for late-breaking developments. >> turning our attention to weather. looks as though some of us are about to get wet. >> here is a picture you can see gray, groundy conditions, looks better, i can see blue skies there. >> sandhya? >> already santa rosa airport reporting drain rop drops not measuring of the most rain up along northern california coast. eureka getting rain now. it's coming in our direction. take a look at the view from our emeryville camera. did you feel the differen

demarcus dobbs, al netter, and aldon smith with those two arrests. and that's not to forget an issue that his fellow linebacker, ahmad brooks, had. just this summer he had charges dropped after allegedly hitting a teammate over the head with a beer bottle, following a night of supposed heavy drinking. smith will most likely be allowed to play sunday, as you just heard, but the league most likely will suspend him, pending an investigation, because this is his second offense. and there are guaranteed rules to guard against that. so, you know, to me, aldon smith shouldn't walk proud around the 49er headquarters. he should be a little ashamed of his behavior. i'm sure those folks who were just mentioned as having past problems don't want their name dragged back into it. and i think the 49ers have a problem. jim harbaugh himself had a dui- related incident back in 2005 when he was the head coach at the university of san diego. so he should know, the entire 49er organization has gotta get a wrap on this, because this is becoming a major problem. >> thanks,

smith was at practice today and seemed to be fine. this is not smith's first problem with the law.last year, he was busted for dui in miami and he was stabbed at a party in a south bay house. he's also named in a lawsuit by a man who says he was shot during another party at smith's house. harbaugh and some other players addressed it. >> i'm disappointed. and, you know, i felt like he needs to go to work, face his teammates, and, you know, soldier through it. >> sometimes stuff just happens. if anybody went looking through everybody's past, you'd find some stuff on everybody, even the people probably asking the questions. so i'm not concerned. >> when you're winning and you're a winning team, so much comes at you. i mean, it's easy to get off track. but the way you do it is just by staying together as a team, maintaining a good level of focus. >> reporter: harbaugh said he expects smith to play on sunday. of course, the league could take disciplinary action, perhaps even suspending smith. >> smith isn't the first 49er to get in trouble. coming up at 6, the teamwide troubles facing t

the lawsuit says smith and walker, who were legally intoxicated, appeared on the balcony of smith's home and fired shots into the air in an apparent attempt to end the party. it goes on to say walker made his way to the driveway where he allegedly fired more shots into the air and towards others attending the party. the suit also claims both men knew the handguns were illegally possessed. nbc bay area cob tained pictures from neighbors showing crime scene investigators camps outside smith's east san jose home. we are obtained the incident report from the san jose fire department which says victims were shot in the legs and thigh, that the suspects left in a vehicle down the hill and report goes on to include the words "gang related." yesterday smith's attorney will have no comment on the investigation. hoping to get a comment from walker, that was a call that was made after hours, that call was not returned. live here in santa clara, bob redell, today in the bay. >>> the decorated british olympic sailor killed while practicing for the america's cup on the san francisco bay will be honore

it shows smith was arrested for dui. it said smith appeared confused and gave two breath samples and his blood alcohol level was above the limit. a judge reduced that charge to re reckle reckless driving. demarcus dobbs was arrested for a dui and possession of marijuana after a car crash as well a while back. >> matt you've been at the team head quarters throughout the day. is alden smith going to play? >> all signs point to him playing. jim harbaugh said let's go out and have a good practice and put this behind them and get ready for the colts game. >> you have to think some kind of discipline might be coming down the pike. is that going to come from the nfl or the 49ers? >> the nfl. these kind of penalties don't take shape until much later, after the judicial system has had a chance to run its course. they might have him on the field for a long time before the nfl makes a move on this matter. >> the team has to have limits. how close are they to those limits right now? >> i think the threshold for the amount of patienc

concern if you're defending aldon smith? >> the press this case is getting. >> reporter: with the civil suit fired, he says the legal wheels start turning. a process that will likely take several months and could last more than a year. >> what's your insight, based on your experience? >> this case is going forward. this is not going to get thrown out anytime soon. >> reporter: the civil lawsuits do not name smith or walker the gunmen responsible for the shooting. smith's attorney declined any further comment, citing that the pending litigation has not been returned. 14 months have passed since the party at smith's house. the sheriff's department continues to investigate. they have not announced any arrests. and the d.a. has not filed criminal charges. more ahead. >> a lot to unfold. thank you very much, tony. if you have a tip for tony kovaleski or anyone else in our investigative unit, give us a call. you see the number here. or send us an e-mail directly. >>> details on that dramatic standoff in the east bay. police say a

nbc bay area christy smith is live in the bay view district.sty, you were there as officers put the suspect in handcuffs. >> yeah, that's right. good morning to you, marla. what a morning it's been for the people who live in this gray apartment building here behind me. a burglary suspect literally crashed in on them while they were sleeping. now, this started if you can pan over two doors down where alarms went off overnight. that bank still closed while crime scene investigators determine if anything was taken in this botched burglary. >> we heard scuffling above us. >> reporter: a burglary suspect at her apartment. >> we were trying to make sure that if he got away, he was trying to come through our door. >> san francisco police were called to san bruno avenue at 4:00 in the morning after a man triggered a silent alarm at the bank of america two doors down. >> at the bank of america security system they saw a suspect on the inside of the bank of america with a crowbar. we responded to the scene. we weren't able to find anybody on his side ini

here is alden smith's booking photo. the line backer arrested by san jose police this morning after crashing his car. sergio is live tonight where it happened. sergio, you spoke with his teammate of the -- teammate who lives a few doors down? >> spoke with his teammate and a neighbor who says he was the one who found aldon smith this morning. that neighbor doesn't want to go on camera, but he found the 49er cutting in -- sitting on the front seat and leaning up against the steering wheel and passed out and his foot still on the gas peddle. you can see where the rear wheels were spinning out. that means smith was visiting the 49er teammate that lives up the street. ray mcdonald lives about eight houses away, but didn't want to talk much. >> was he over last night? >> i can't talk about it. >> you can't? any comment at all? no? >> reporter: several may bores say there are often parties at mcdonald's home so they believe smith was here when he missed a turn and ended up near this house. one neighbor could smell the rubor an

here is alden smith's booking photo. the line backer arrested by san jose police this morning after crashing his car. sergio is live tonight where it happened. sergio, you spoke with his teammate of the -- teammate who lives a few doors down? >> spoke with his teammate and a neighbor who says he was the one who found aldon smith this morning. that neighbor doesn't want to go on camera, but he found the 49er cutting in -- sitting on the front seat and leaning up against the steering wheel and passed out and his foot still on the gas peddle. you can see where the rear wheels were spinning out. that means smith was visiting the 49er teammate that lives up the street. ray mcdonald lives about eight houses away, but didn't want to talk much. >> was he over last night? >> i can't talk about it. >> you can't? any comment at all? no? >> reporter: several may bores say there are often parties at mcdonald's home so they believe smith was here when he missed a turn and ended up near this house. one neighbor could smell the rubor an

go to nbcbayarea.com to watch tony's report on smith.for the prohibition of chemical weapons released video of inspectors who investigated chemical weapons nee near damascus. in keeping with a u.s./russian agreement, the syrian government started submitting details of its chemical weapons stock piles. a spokesman for the organization said the initial declaration was being reviewed and details would not be released. the opcw based in the haig polices chemical weapons, its stockpiling and use of chemical weapons. >> rahm emanuel spoke at a vigil in response to a park shooting. the mayor says that assault weapons, such as the rifle that police believe was used in a park shooting thursday night have no place on city streets. >> you go out there and you enjoy our city because they do not own or belong or they have no place for gangs and assault weapons do not belong in our parks, do not belong on our streets. >> less than 24 hours after a deadly navy yard shooting in washington, d.c. on monday, a shocking e-mail. the associated press says tha

. >> 49ers saying it's up to the nfl what punishment alden smith will face and smith was taken into custody in east bay, just a few miles from his home he later posted bail, and then, joined his teammates for practice. abc 7 news reporter has been on the story all day long. tell us know about the scene of the accident. >> we're still waiting for official word of smith's blood alcohol level. he crashed near a home on bentley ridge drive. it raises questions about his off the field life. it was just about 7:00 a.m. neighbors in the upscale silver creek neighborhood heard what sounded like a vehicle accident. the truck with alden smith at the wheel smashed into a tree. advancing on to property of kim din with, the engine racing the wheel gouged a brick on the lawn and left dirt skid marks. >> i see a lot of smoke. and then, the driver inside. he tried to knock the door. he woke up, turned off the engine. >> police did a field sobriety test. >> the officers were able to conduct their investigation and booked him into jail. >> smith lives eight miles away. no one knows why he was here. a fellow

i'm christie smith.s being affected. >> you'll want to dress in layers for this back to work, back to business, back to school monday. temperatures mostly in the 50s to start but we're headed toward a warmer day by 5 to 8 degrees. then things change including some showers. we'll sort out your full forecast. >> and back to traffic. so we're watching the commute. things are starting to build. we'll show you the east bay slow spots that developed. >> and as we wait the sun's arrival a live look outside from the south bay this morning overlooking san jose. it's monday, september 23rd, this is "today in the bay." >>> good morning to you. 5:30, i'm marla tellez in for jon kelley. >> i'm laura garcia-cannon. update on developing story overseas. a government official in kenya says two islamic extremists have been killed after four large blasts rocked the west gate mall in nairobi. this is a live picture this morning, the smoke you see reportedly coming from the mall. the military has been in a standoff with mili

aldon smith lives eight miles away also in san jose. his teammates say they're going to have a talk with him. >> there comes a point in time where you, you have to really just say, okay, this is it. you have to get yourself on the right track, shape up, and just do the right thing. so i think it's a young guy. i think he'll learn. he will learn. >> reporter: he is scheduled to go fo court in november. as -- to court in november. as for the nfl, these things usually take months, so it's clear that he will likely play on sunday against indianapolis. >> tough lessons, all right, joe, thank you. >>> this is the second time smith has been arrested for suspicion of driving under the influence since he's been with the 49ers. the first time was in january of last year in miami. he's also facing two lawsuits stemming from a party he threw in june of 2012. he was stabbed at that party but the injury was not serious. >>> a south bay teen has come clean and fessed up to shooting bb pellets at several cars during the rush hour commute. the boy says

. >> coverage on dui arrest of the 49ers alden smith. what happened, and where and punishment he could face now. >> summer storm on the way. and now, it's just a matter of hours. >> graduation at the police academy. new boots on the ground in the city overcome by crime. >>> here is the video helping get a man busted for operating a dog fighting ring. a clip from his cell phone reveals a vicious crime. good evening, i'm cheryl jennings. >> i'm dan ashley. police arrested members of a street gang who they say ran a dog fighting ring in san francisco. police confiscated the video. vic lee hasn't and he's in the newsroom with the story on abc 7 news. it's rough stuff? >> it s police arrested one suspect on an unrelated charge, then, they hit the jackpot when searching this cell fob. they found video files showing the dog fight. and the faces police say of those involved. >> the video is too violent and disturbing. two pit bulls are fighting as owners provoke them to fight harder. >> just slachd and punched and they fight about five minutes u

to this morning, when smith wasu-i after colliding with a tree in san jose. >> pam: smith's team mates and coach harbaugh react to news of his arrest. harbaugh and carlos rogers >> very disappointed. he needs to the work and face his teammates. >> just make a mount of mistakes and then turn into something big. but i believe that is everyone. >> pam: and stay with kron4 as weyou can always log on to ourif you're on the go, radnich will have more. coming up in sports! >> pam: >> pam: new at 8two pitbulls -- not one. attacked a 10- year old martinez boy last month. that's according to a staff report released by the city of antioch. and the report says, the dog owner's son. was also bitten in the attack. hunter kilbourn was visiting a friend in antioch on august 11th. when the report says, the duke attacked him. initially the dog owners told investigators, only one of the dogs was involved in the attack. kilbourn suffered major injuries to his face and body. requiring multiple surgeries. today, he was invited to watch his favorite team -- the oakland a's -- take batting practice, and watch

aldon smith lives eight miles away. teammates say they're going to have a talk with him. >> comes a point in time where you have to really say okay, this is it. i have to get myself on the right track. i have to shape up and just do the right thing. so i think he'll learn. he will learn. >> aldon smith is schedule today go to court in november. as for any punishment from the nfl, no word on that yet. these things usually take months so you can expect aldon smith will be playing on sunday. reporting live from san jose, joe vasquez, kpix 5. >> lats year in miami, he was arrested for allegely driving under the influence. he 's also facing two lawsuits. he was stabbed at the party, but the injury is not serious. >>> governor brown just signed a note that requires police to obtain a sample. that means suspected drunk driver who refuse togs get their blood drawn are no longer force today submit to it: officers were stumped. today juliette goodrich says a major clue literally walked into police headquarter sdmrs the driver of

here is alden smith's booking photo.he line backer arrested by san jose police this morning after crashing his car. sergio is live tonight where it happened. sergio, you spoke with his teammate of the -- teammate who lives a few doors down? >> spoke with his teammate and a neighbor who says he was the one who found aldon smith this morning. that neighbor doesn't want to go on camera, but he found the 49er cutting in -- sitting on the front seat and leaning up against the steering wheel and passed out and his foot still on the gas peddle. you can see where the rear wheels were spinning out. that means smith was visiting the 49er teammate that lives up the street. ray mcdonald lives about eight houses away, but didn't want to talk much. >> was he over last night? >> i can't talk about it. >> you can't? any comment at all? no? >> reporter: several may bores say there are often parties at mcdonald's home so they believe smith was here when he missed a turn and ended up near this house. one neighbor could smell the rubor and

it claims that smith and walker charged patrons for drinks. and serving a concoction the defendants named jungle juice. >> the legal team has emphasized there will be no further comment. smith is expected to play this sunday afternoon against the packers. >>> $77 million spent fighting an illegal campfire. that's what may have started yosemite's rim fire, one of the worst wildfires in state history. investigators believe a hunter's wildfire parked the fire back on august 17th. it went campfire to raging inferno fast. investigators haven't released the name of the hunter or announced they will face charges. three weeks later, the rim fire is still burning and it's blackened 370-square miles. >>> now, the debate over whether the united states should launch a military air strike continues. the president is at the g-20 economic summit in russia, trying to get support of other world leaders. here at home, mr. obama has to c convince the congress and people. >> reporter: people are sounding off on u.s. military strikes in syria. democratic u.s. repr

the shoot alleges that smith was drunk.m trying to figure out how to fix it. a live look at the stadium again. the team says it's about 5 thousand parking spaces short. it's looking at leasting a youth soccer complex next to the stadium for additional parking. this could impact the nature preserve. the preserve is home to a butter bly garden believed to sit atop an ancient indian burial ground. environmentalists don't want the open space to be turned into soccer fields. there is no final decision on this issue. >>> meantime, rumors are flying the raiders have a new mascot and raider nation is not pleased. karen tweeted this picture of the raider rushier. the raiders decided to make this guy the new mascot. the raiders have not commented. the rusher developed as a character on a show. the raiders take on the broncos tonight at 5:40. >> 6:55. apple says it sold 9 million iphones. has the stock up. >> more than the company sold the last time. >> almost twice as many. good morning. apple sold 9 million apples. it doesn't break

smith. >> reporter: what's your biggest concern if you're defending mr. smith?process that will likely take several months and could last more than a year. what's your insight based on your experience? >> this case is going forward. this is not going to get thrown out anytime soon. >> reporter: with the pending litigation, smith's attorney has declined any further comment. calls attempting to reach walker have not been returned. now, the civil lawsuits do not name smith or walker as the gunmen responsible for the shooting of the two victims. 14 months have passed since that party at smith's house, and we still don't know who fired the shots that injured the two men. the santa clara county sheriff's department continues to investigate. so far no arrests announced and no charges filed. jan janelle. >> if you have a tip, give us a call at 1-888-996-tips. >>> new at 6:00, a peninsula city drive to become the most electric-friendly city in the country. new laws are being proposed to require every new house be built with charger-friendly infrastructure. the trio is al

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

smith limiting him to three tasks. champ bailey got burned repeatedly last year by torrey smith.omes over here and jack del rio said if you are not ready to be coached, don't come here. you did not play well last year in philadelphia. i can fix it if you're willing to be coached hard. that's what he's done. >> al: dlals claallas clark. third and seven next. i'll tell you, it's been a coverage to watch. there's identified backers. after champ returns. >> cris: he throws and that's caught. the first down as dallas clark made the catch outside the 20 yard lines. 2 1/2 to go, 2/14. >> did a good job of working back. the only thing that saves you, you see some of the infighting. it's all undercut. >> al: ravens first down. getting there simultaneously with the ball was duke ihenacho making contact with dallas. an illegal second down. when you watch a film of him he comes out of nowhere. think of guys like john lynch that could start 15 minutes off the ball and make it a play. >> al: mike adams. second down and 10. incomplete. intended for marlon brown. covered by toby carter. >> cris:

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

a party at smith's house in san jose.ed a man. >> pam: and that victim just last week filed a lawsuit against smith and walker regarding the incident. >> pam: then, we come to this morning, when smith was arrested on suspicion of d- u-i after colliding with a tree in san jose. >> pam: smith was booked and back at practice. now, the question is how the team will handle this incident, as well as the police. kron-4's dan kerman is live in san jose, where the accident happened. and dan -- what have you learned? >> reporter: was just after 71 resident known as a bit truck that crashed was in her yard. >> after that my neighbor started coming by to see him in the car. argali my neighbors will come up. the rise was still to come. the greatest surprise was still to come. >> was driving under the influence of alcohol he >> reporter: was later released after posting a $5,200 in bail. >> reporter: are back live on debt leverage to drive. bently ridge drive. so we are expecting a lot more people to be driving by accurate reporting li

. >>> another twist in the road for aldon smith. he's left the team indefinitely. it's not just smith. the 49ers are being criticized for how they're handling the situation. we are at -- >> reporter: he's going to focus on getting help. he plans to seek treatment here in the bay area. >> this is a problem. it is something i will get fixed. i'll do everything in my power to make sure this never happens again. >> reporter: aldon smith announced last night he would go on indefinite leave from the team to get help. it came after this mug shot on friday when smith was arrested on suspicion of driving under the influence and possession of marijuana. police arrested him after he crashed his truck into a tree. >> we do what's always in the best interest of the team and the best interest of the player long term. >> reporter: a drug and alcohol rehab facility in san jose -- smith has already taken a huge step toward recovery. >> it's a huge step for a celebrity because everybody knows. it's huge that he admitted that as opposed to trying to defend it. that's huge. >> reporte

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

police arrested smith after police found smith on a yard. jana katsuyama has the story. >> reporter: smith posted bail and made it here in time for practice today. coach harbaugh says he does plan to play smith the linebacker on sunday against the colts despite the arrest. 23-year-old alden smith has made his mark as the linebacker. but today the focus was on the marks he made. tires spinning so long that they dug a half foot hole into the front yard of this woman's. >> the biggest hole is the back wheel. >> reporter: the back wheel. >> reporter: neighbors say that they saw smith hunched over his head. but when neighbors turned up, he asked them who they were and what had happened. marijuana was found in the truck. after practice today coach jim harbaugh commented but had no public reprimand. >> disappointed and you know felt like he needs to go to work. face his teammates and let's all get through it. >> reporter: this was smith's second dui arrest. the last one was last year in miami. and he just learned he is being sued. some did comment

smith crashed his pickup into a tree. there were skidmarks, a pile of burned rubber and evidence of tires peeling out in the mud. smith was alone unhurt but allegedly he failed a breathalyzer test. >> the charges were serious in nature to have him be booked into jail, but as far as everything went, it was very -- as far as i've been told, he was very cooperative and things went very smoothly. >> disappointed and, uhm, you know, felt like, uhm, he needs to go to work, face his teammates, and, uhm, you know, soldier through it. >> reporter: 49ers coach jim harbaugh was clearly unhappy to have to answer serious nonfootball questions about a key player before a big game with indianapolis. he said smith is questionable, pending a possible suspension by the nfl. >> there will be consequences. you know, there always is. >> reporter: it's not the first run-in for smith. he was arrested for a dui in florida last year and he faces possible weapons charges after someone got shot at a wild party in his east san jose home also last ye

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

smith was booked on charges of dui and a marijuana possession. 49ers coach jim harbaugh says smith is expected to play in tomorrow's game. >> disappointed and it felt like he needs to go to work, face his teammates and, you know, soldier through it. >> smith lives eight miles away from the home he crashed into. >>> and this is just the latest legal trouble for smith. last year in miami he was arrested for allegedly driving under the influence. he's also facing two lawsuits stemming from a party he threw in june of 2012. he was stabbed at that party, but that injury was not serious. >>> well, as bart braces for another possible strike, its managers are working behind the scenes to try to avoid a complete transit shutdown. can r linda yates takes us inside the warehouse where bart is now training the managers to run the trains. >>reporter: the bart cars sit inside the warehouse. this is the staging ground for training managers to operate bart just in case workers strike october 11th. bart says some are former train operators and what they're doing is not in violation of the contract bec

smith's injuries were minor. now, this month two men say they were shot at the party sued smith claiming he knew people with guns would be there. then, september 18th yet another insy dechblt here is what happened in this case. smith riding in a car when the driver swerved to avoid a deer, police said alcohol was not a factor. now, another crash leading to his dui arrest. >> nfl players association launched a partnership skin designed to prevent what happened to smith. it offers alternatives to taxi cabs. the service is supposed to cut down on the number of duies. he didn't think it's going to have a major impact. >> a play yes too drunk to drive is unlikely to be sober enough in terms of his mental faculties to call a car to pick him up. >> edwards added td league appears to be taking d ucht i seriously is hard to change. >> there is going to be a big shift in the forecast. we can see drizzle and rain this weekend. owe our ridar is tracking a stompl, we'll talk about what's happening. sprinkles but as we take yo

outside, struck the leg of the lock smith. >> we saw this before. there is a protocol for doing this. correct? >> we'll take a look and you'll notice timing that will take place when there is no response, we tell a lock smith to come in. >> so that is the situation. >> residents received a phone call to shelter in place. in san ramone, abc 7 news. >> thank you. >> we have breaking news in san mateo county. skyline boulevard is closed because of a fatal crash involving a bicyclist and a minivan. this is a video of chp investigating around 1:30 this afternoon. officials say a 50-year-old woman was killed when her bicycle collided with a minivan. driver is cooperating. abc 7 news is on the scene. we'll have a live report from vic on abc 7 news at 5:00. >> defense secretary chuck haigel ordering a review of security and access procedures at military procedures world wide following the deadly attack at the washington navy yard. >> authorities say aaron alexis a navy vet and contractor opened fire at that facility, killing 12 people, injuring several othe

police arrested smith after police found smith on a yard. jana katsuyama has the story. >> reporter: smith posted bail and made it here in time for practice today. coach harbaugh says he does plan to play smith the linebacker on sunday against the colts despite the arrest. 23-year-old alden smith has made his mark as the linebacker. but today the focus was on the marks he made. tires spinning so long that they dug a half foot hole into the front yard of this woman's. >> the biggest hole is the back wheel. >> reporter: the back wheel. >> reporter: neighbors say that they saw smith hunched over his head. but when neighbors turned up, he asked them who they were and what had happened. marijuana was found in the truck. after practice today coach jim harbaugh commented but had no public reprimand. >> disappointed and you know felt like he needs to go to work. face his teammates and let's all get through it. >> reporter: this was smith's second dui arrest. the last one was last year in miami. and he just learned he is being sued. some did comment

smith was arrested last year in miami. he also faces a civil lawsuit for an incident at his home in which he had sustained minor stab wounds as well. york did not give a timeline on when smith would return. >>> sonoma county authorities are looking for a man after -- that happened at 9:00 yesterday morning at sonoma valley regional park. investigators say the man wrapped a leash around the 60- year-old woman's neck, ripped off her glasses, and threw her phone in the lake. he then kicked her dog and ran off. he is described as white, 50 years old, six feet tall with a thin build. he had a brown and gray beard and a red baseball cap. his dog may have been a brown and white australian shepard. >>> an oakland city councilman is banning could face -- it requires anyone under the age of 18 be companied by exon 21 or older. the can't sharp >>> the continue to tick. right now we are 17 days away from the court ordered cooling off period. as the deadline gets closer bart management will head back to the negotiating table this morni

smith. >> so did you tell him, "yeah, he's still living?"jury hears dee dee moore continuing to instruct smith to tell people shakespeare was alive even though he now knew his gentle friend was dead. >> yeah, i told him he's still living. i said, "anybody wanna know if he's still living? yeah, he's still living." >> reporter: prosecutors say the recordings show dee dee's efforts to cover up murder. >> i guarantee you that ronald has killed him. i just know it because the man threatened to kill my son. >> reporter: here she sounds confused. she's telling greg about ronald the supposed drug dealer who she claims killed shakespeare. but she probably forgot she had already asked him to pretend to be ronald. >> they were doing a big drug deal and i think ronald killed him for the money abraham had on him. >> you call ronald and you tell this mother [ bleep ] listen here we gonna get you out of this [ bleep ] we need to know where this mother [ bleep ] is at and if he did it. >> reporter: it may be hard to follow the plot of the play in dee dee's

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

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

christen ares where aldan smith played his last game for awhile. >> reporter: you think a player thatarrested for dui on friday would not be here on the field today but smith was and he played well. it seems to all be part of a plan to put his troubles with the law behind him. >> i want to apologize to the team, the organization, my family. >> reporter: two days after he wrecked his truck in san jose super star smith says he is going to rehab. >> it is a problem, something that i need to fix. i will make sure it never happens again. >> reporter: his apology all part of what looks like a carefully public relations move. the 9ers needed smith against the colts today, so, they let him play and then announced his leave of absence. >> it was a decision that we made as an organization, as a team, that we felt was in the best interest of our team and for smith long-term. >> the pay off, they got one last game out af i star player. he had five tackles against the colts and the team still got to stand behind his decision to get help. >> if he is willing to fight for skpheuplz try to make this

owed alden smith's rehab is about as secretive as a 49er play book what. is not a seek skret 49ers are giving him plenty of support. skol ofists say they've taken a step to help alden smith, closing rings to give him support. >> very supportive of alden as all of our players and coaches, personnel. >> now, smith faces a hard part. experts say he has to want help. rehabilitation often starts with examining the past its going to be up to anymore terms of driving his current experience to see if maybe that can help him move forward and understand the res sponsibility he has so he can make an impact later on. >> a star linebacker a big paycheck may seem to have it all. but there was a shooting and a stabbing followed by friday's arrest. >> i'll support our viewers if we can work towards being better teammates. i believe alder wants to do that. >> the 49ers won't say whether smith will be back this season. rehab is a process, and being off the roster, a problem for teammates ask coaches and critics thought he should haven't played sand sunday, smith had to know

smith played anyway on sunday it when that all calls to a bid lost anyway badly. this was the second dui i and appeared on and off of an wake-up call to remove him from action. >> i want to apologize first of all to the team the organ, the organization and my family and to everyone i let down. i will get better and do everything in my power to major that this does not happen again. >> reporter: he can get all of the support he needs all ultimately is up to him if it will work or not correct as for harbaugh this is what he had decide. >> rehash the road and now taking steps and support in that. that is what our approach. >> reporter: as for the team is self diversity that he is talking a lot is one in to peer at for quite some time. if they lose the game it will be panic mode. >> pam: thanks jason. ahead at eight. in the >> pam: in the meantime writers are already feeling the pinch. as a result bart to cannot repair is trains fast enough. >> is not your imagination for several weeks bart has been running up your trains the 573 train cars that mes demands. at one po

nfl.com says smith will miss about a month as he gets treatment. the team put him on non-playing status yesterday. says it will only bring him back if he is cleared by doctors. smith was arrested for dui friday after police say he crashed his car into a homeowner's front lawn in san jose's silver creek neighborhood. it will be up to the nfl to decide if smith will be suspended or fined for that offense. that likely won't happen until after the case is settled in court. smith's first court appearance scheduled for november. >> santa clara council will start talking about the parking shortage at the future home of the 9ers. last week it was revealed the team is about 5,000 parking spots short, that's led to speculation that the city will relocate some youth soccer fields and pave them over to make up the difference. local soccer leagues are unhappy and so are environmentalists. if the soccer fields are moved they will likely be placed in a nature preserve which would require wiping out thousands of plants and trees. >> plans to build a civic center t

what it will be like for torrey smith to face who considers a big brother... next in sports unlimited... speculation,.. it's now looking like we will see ed reed this sunday... the ex-raven will get his 2012 season underway in the stadium where it all began... reed's familiar number 20 will be on a texans uniform this sunday... recovering from off-season hip surgery, reed has not seen any action...pre- season or regular season...this season... reed was listed as limited in today's injury report, but he took part in a full padded practice today and the vibe seems to be that he;'ll play..maybe not start, but he will play... his former teammates seem to be looking forward to it, too... "to see a guy like that on the other side, one of the greats to play the game, that's how you approach it. he's one of the best safeties ever, and he still plays at a very high level. obviously, he's a friend, but we play against a lot of people who we're friends with. there's definitely something special about reed, and we know as receivers we're going to have to be on our 'ps' an

jaden smith doesn't have to work.n that regard. >> chris, thank you. interesting topic. >>> what does your gut tell you? is jaden smith sending the wrong message to some of his young fans? go to facebook.com/newsnation too confident that vote. >>> that does it for this edition of "news nation." "the cycle" is up next. let's . and then, let's go to town. so then we can go do, absolutely nothing. let's do this. more saving. more doing. that's the power of the home depot. this echo blower. just $159 bucks. we know in the cyber world, threats are always evolving. at first, we were protecting networks. then, we were protecting the transfer of data. and today it's evolved to infrastructure... ♪ ...finance... and military missions. we're constantly innovating to advance the front line in the cyber battle, wherever it takes us. that's the value of performance. northrop grumman. help keep teeth clean and breath play close.fresh and close. with beneful healthy smile food. with special crunchy kibbles and great taste... ...it's

smith has had previous run in what police.the yuletide spirit >> the last in joe smith was allegedly firing guns with former teammate the lady what occurred during a party at smith's house in san jose appeared >> the shots reported injured a man appeared and just last week the victim filed a lawsuit against the wall regarding the incident. >> then we come to friday morning when smith was arrested on suspicion of dui i after colliding with a tree in san jose raiders get the pit boss attacked bin >> it is not just a forty- niners player who's in trouble oakland raiders' court back tie 1 gels is involved in a deadly pit bull mauling investigation appeared >> a 40 say two to pit bull mixes belong to jones killed a neighbor show why this week. the neighbors say she was walking her 12 year old show why will the to pit bulls accompanied by jones are tarred her dog. >> dole says the dogs had neither never attack humans or other animals before appeared >> the dogs are being quarantined pending the investigation appeared >> to pit bulls