bathe them and clean up their mess after themselves and it was hard, it was really hard. all these people never got their medication and they're not feeling too good. i could see it in their face. their face looked really clammy and stuff like that. i know people aren't feeling too good. >> reporter: alvarez called 911 four times telling the fire department he needed more help. he is just glad the nightmare is over. >> now just hopefully the people are getting taken care of, that's all i care about. >> reporter: now, to be perfectly clear, the fire department did respond out here on four separate occasions late last week, but it wasn't until saturday afternoon that they had a full understanding of the scope of what was taking place out here. now, tonight, this man edmund remains missing. we are told that he is a frequent wanderer. the sheriff department does not believe he is at risk, but, certainly, they do want to find him. meanwhile, the attorney for the

owner of the center says she feels unjustly accused of abandoning folks. he says that simply is not the case. reporting live in castro valley, i'm jodi hernandez, nbc bay area news. new developments regarding aldon smith. out of rehab and into custody. we first broke the story that the troubled football player turned himself in last night. chief investigative reporter tony joins us from our newsroom. he is dealing with a long list of legal issues here. >> when the d.a. announced the charges back on october 9th, it was also announced that the 49er star linebacker would turn himself in after completing his rehab after returning to the bay area and before the end of the month. here's what we have learned. aldon smith turned himself into the sheriff department last night. you'll see the booking report shows it was at 6:51. he faces three felonies of

pozezing illegal assault weapons, possible penalties range from probation to more than four years behind bars. a court date has been set for november 12th in santa clara county and aldon smith is expected to appear for that hearing. now, he did immediately post bond of $75,000 after he turned himself in last night. he also has a court date in november for his two misdemeanor charges of dui. sources are telling us it is very likely the two issues will be handled during that hearing on november 12th. call criminal defense attorney for comment was not returned. >> just to be clear, november 12th, what next now for aldon in terms of an nfl suspension possibly here? >> what we have been told by nfl sources they will wait for the court to adjudicate the issue. go through the court process and highly likely that will go on for several months. i think it's probably safe to say if he is brought back to the

team, he is able to finish out the season before this gets to an nfl status. an nfl status. a lot of options playing out. the dui case, the criminal case and we'll have to see then what the nfl does afterwards as far as a penalty. >> a lot on his plate, thank you, tony. >> if you have a tip for tony kovaleski give us a call at 888-996 hp tips or send us an e-mail directly to theunit@nbcbayarea.com. to a developing story. another rally getting under way in santa rosa demanding justice q meantime, we're learning more about what happened right before a deputy opened fire nbc bay area cheryl hurd is live in santa rosa with the latest for us. >> well, right now people are starting to galther in this parking lot. they are coming by the car load and they're preparing to march

through the streets of santa rosa. they're heading to old courthouse square in the downtown area and as they prepare to make their journey, police are now giving us a better understanding of what happened last week when 13-year-old andy lopez was shot and killed by a deputy sheriff. lopez was carrying what appeared to be an ak-47 assault rifle that looked very much like the real thing. it was a replica. the deputy telling investigators he and the deputy he was training at the time spotted lopez walking through a field holding the fake rifle. now, there are questions over whether those deputies identified themselves as police as they told lopez to drop the replica gun and if the trainees who was driving the car at the time, had time to get out of the squad car before shots were fired. santa rosa police lieutenant paul henry answered all of those questions for us today. >> the deputy statement was that he wasn't sure if he identified

himself or not. he couldn't remember if he did or did not. while the deputy driving the vehicle was in the process of slowing the vehicle down, stopping it safely without running into anything, putting the vehicle into park and then getting out of the vehicle, the deputy who was in the passenger seat was able to exit the vehicle much more quickly because he didn't have to operate the vehicle. >> the crowd is growing really quickly. the investigation continues. both deputies are on leave and the investigation should take about three months. meanwhile, the community says they want justice and they say they will continue to hold marches like this until they get justice. we'll have an update on this story coming up at 6:00. reporting live in santa rosa, i'm cheryl hurd, nbc bay area news. right now a plane full of passengers is headed to sfo after a cold and unexpected detour this morning.

a warning light prompted an emergency landing in a remote part of alaska. the delta 767 took off from tokyo and around 6:00 this morning the lights on the control panel indicated a possible engine problem, so the pilot landed in the town of cold bay, which was a staging area in world war ii. only about 100 people live there now, but the 10,000-foot runway is still well maintained. the passengers were put on to another plane, they left alaska just a little bit ago and due to arrive at sfo later tonight. just into our newsroom, search crews found a body matching the description of a missing san jose man. 65-year-old walter steever had been missing since last wednesday. a large search effort for steever was launched on monday. he went on a mining trip in nevada county, which is northeast of sacramento. deputies say they're waiting to see if steever's family can formally identify the family. police are now turning to the public for help as they unravel a mystery at san

francisco general hospital. they're trying to locate a witness, a man who many say had seen lynn spoalding in an exterior stairwell. she disappeared from her hospital room two weeks earlier. he banged on the door and when a supervisor let him in, this is what he said. >> then he said, oh, by the way, it looks like there's someone further down on the stairwell, maybe asleep5)fñ or, you know, sure. but it looked like there was someone down there. that isn't completely out of bounds of what could happen. we do sometimes have people who seek shelter in our interior areas of our hospital that might be asleep or looking for shelter. >> this could be a huge break in the case. the police the man want to track down is asian 30 to 40 years old. 5'8" with a medium build. that day he was wearing a dress shirt and a tie and had some sort of hospital badge on. disgusted and angry. that's how parents are describing the theft of dozens

of ipads and laptops from riverside school. first reported the thefts on twitter and how the thieves stole more than just hardware. >> reporter: the computer lab is the only place some of these students at riverglen school get access to the internet. on tuesday, the children got an unexpected lesson on stealing. >> in the police report they had been stolen from the school. >> reporter: they are laptops and ipads, 62 of them. part of the school's mobile lab. >> the teachers will take the laptops into their classroom or the ipads and then the students will work on one of those programs and it allows the teacher to then pull small groups or do individualized instruction with students. >> reporter: over the weekend, someone broke into the room where thet hardware was stored and wheeled away the laptops and ipads. there are no signs of forced entry. >> it's painful, it's disgusting. it's anger, it's sadness. >> reporter: those are the feelings going through her mind

the last two days. her pta spent years raising money to help buy the equipment. >> the parents did the raising, like i said, the children, too. we've got kids who sell lemonade at the walk-a-thon make it at home and make $100, $200. even kids take it upon themselves to help us, the parents, raise money. >> reporter: a deductible is $100,000 to cover a loss estimated at $70,000. the principal says more than hardware was stolen. >> the school is a place where they close a digital device. >> reporter: parents vow the children will learn through this lesson by raising funds, again. nbc bay area news. still to come here at 5:00, the unusual ticket an officer gave a southern california driver all because of something she was wearing. also the investigation one state lawmaker has launched following the completion of the new eastern span of the bay bridge.

i'm marianne favro you can expect more parking and more stores. find out why neighbors are not too happy about that plan coming up in a live report. and good afternoon, i'm jeff ranieri in the nbc bay area weather center. sunny and also warmer for today. fog free in san francisco. we'll let you know what this means for that all-important halloween forecast for your trick or treaters coming up in a few minutes.

well, take a look. not your typical commute. this is how some pg&e workers got to work today. they were transported via helicopter to work on transmission lines above the san mateo bridge. p fw pg&e says it's the best way to get them on the job. upgrading electrical lines as

part of a 10 billion project. the shopping mall is expanding. the plans include a new six-story parking garage and more retail stores. nbc bay area marianne favro is live at the mall on why some say this is not such a good idea. marianne. >> i just got off the phone with planning director and they approved an extension of a building permit that they already approved. more stores and a new parking garage here at valley fair. the owners will tear down two existing parking garages near macy's and put up a six story 1.1 million square foot parking structure. neighbors say they already deal with too much noise and traffic and say the proposed construction will only make things worse. >> i think that's -- they should not do that. they should have done it right the first time. they've already had enough construction going on here night and day.

we hear noise all night long. every day of the week. >> but some shoppers who have struggled to find a coveted parking spot welcome more parking and more shopping. the city planning director said the city has approved 2 million square feet of additional commercial space to be built here. and there are also plans to relocate the safeway store and possibly build a movie theater here. but the first step is to build the giant parking structure that will be six stories tall. and that's going to come after the holiday season. with reporting live in san jose, marianne favro, nbc bay area news. breaking news in marin county. the verdict is in for max wade. a jury ruled he is guilty of attempted murder. this just came down in the past 15 minutes. he was charged with a shooting into an occupied vehicle last year. one of the passengers was a girl

he reportedly had a crush on. so guilty on attempted murder. he is also found guilty of stealing guy fierii lamborghini. earlier this week the chef appeared to testify against the teen. he could face 30 years in prison. under the microscope, the state will now investigate the cost overruns for the new span of the bay bridge. an east bay lawmaker wants to know why the span went millions of dollars over budget and why it took so long to build. the senate transportation committee will use subpoena powers to question those involved. draft reform legislation to better manage huge public works projects in the future. any changes could be allied to california's high-speed rail line and the delta tunnel. both products have multi-billion dollar budgets. now to a follow up on the deadly b.a.r.t. crash. a state legislative committee is

going to investigate worker safety. the committee on labor and employment announced a hearing on november 7th in san francisco. the workers were hit and killed by a train during a b.a.r.t. strike earlier this month. trains are required to slow down or stop when they approach a work zone. previously workers doing simple tasks or walking on the tracks were responsible for their own safety. the effects of marijuana on the human body is relatively new field of study with some interesting research coming from san francisco's coroner's office. chief medical examiner last month submitted his findings to an international meeting of toxicologists. routinely added marijuana testing for people who die in san francisco. now, by testing their blood and urine and weighing their hearts, he's found a link between enlarged hearts and pot use. autopsies, also, of traffic fatalities reveal that alcohol and driving is even more lethal when marijuana is involved.

newly appointed uc president janet napolitano is speaking out publicly since the first time she assumed her new role as uc president. she was greeted by protesters before speaking with students at oakland technical high school. the group by any means necessary organized this protest. they say they're denouncing a record number of deportations made while napolitano was secretary of the department of homeland security. also calling for her removal as uc president. napolitano is scheduled to speak at tonight's commonwealth club at 6:00 p.m., where she is expected to outline her vision. the first of many, a driver who got a speeding ticket last night is making news around the world because of what she was wearing. google glass. she was pulled over for speeding on a san diego freeway but when the officer saw she was wearing google glass he added a second violation. california law prohibits video

scenes in the front seat unless it's a gps unit or displaying a map. does your new iphone 5s have a short battery life? apple is telling "new york times" a manufacturing issue is causing some batteries to cause longer to charge or simply die faster. apple did not say how many iphones are affected but the company is reaching out to customers to replace those defective phones. we survived a chilly night and rewarded with some sunshine today. thank you, jeff. >> hey, no problem. coming here to help everybody out after that cold week and plenty of cloud cover to start. down to 31 degrees and. thea at 32 and dublin coming in at 37 degrees and also san ramon at 39. as we head throughout tomorrow's norcast, warming in here, but don't expect warm temperatures before the noon hour. just going to stay on the cool side for most of us. mid-40s for the most part to start at 5:00 a.m. for the east bay and south bay and a bit of cloud cover and no fog storm in

the forecast. most of us in the upper 50s to low and mid-60s. let's take you right now to this live view in san jose and tick talk, don't forget those clocks. that time change coming as we head throughout this sunday. you want to fall back those clocks one hour. we'll also take you out to the north and what you're going to be able to see here in oakland is clear skies and high pressure building aloft will continue and sunny and warmer trend as we head throughout the next 72 hours. let's get a look at the morning temperatures, still chilly especially up in the north bay where we're pinpointing the cooler weather. napa at 38. but not quite as cold here for the east bay and the south bay with that slightly warmer air aloft and we do think it's going to give those temperatures a little bit of a break and take a look at this thursday forecast for your halloween. numbers going up by about three to five degrees. very close to our averages for this time of the year. cool, crisp air moving on in 73 in morgan hills and 74 in gilroy and 70 in los gatos.

i say cool and crisp because it generally will be but compared to what we started off with at the beginning of the week, it will feel warm to you. 74 in livermore and 73 in dublin and also 72 in danville and 69 castro valley and 69 in alameda. 67 in downtown san francisco and head up to the north bay 73 in napa and 71 in sonoma and berkeley over towards oakland. for all the kids at school, awesome forecast throughout the day if they're doing trick or treating from classroom to classroom but when it comes to the evening, all those kids have everything planned out and those neighborhoods mapped out on where to get the best goods. from 5:00 to 8:00 p.m., temperatures in the upper 50s and not a raindrop in that forecast. overall, look ahead towards this warming trend staying over the next three days. this area of high pressure keep that storm track just to the north with this milder trend as we head through next friday and also into this saturday. with, again, mid to upper 70s inland and then as we head

throughout monday and tuesday, we'll see numbers cool back down again with increased cloud cover and no rainfall in that forecast. we did awesome this year on halloween. can you imagine if monday was halloween with the cloud cover and the drizzle. this is so much better. >> so much better. that's why i bought another bag of candy last night because more people trick or treating. >> you are expecting a lot of people. >> knocking on your door. >> thanks, jeff. the marching band that moonwalked its way to 10 million hits on youtube. how do they do it? still ahead, the app that keeps this band marching. the name you'll never read again in "the san francisco chronicle." back in a moment. pepper jack cheese, mushrooms,

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no change after nfl officials met with oneida indian tribe leaders to discuss the washington redskins but the tribe in upstate new york expressed its concerns. the word redskins is defined in the dictionary as a slur. roger goodell and washington team owner did not attend this meeting. schneider, though, has said he will not change the name. the san francisco chronicle says it will no longer refer to the pro washington football team as the redskins. t "the chronicle" managing editor determined it is a racial slur and should not be used. she says from now on the paper will refer to the team as simply washington. native americans are calling "the chronicle's" decision an important small step. >> i'm sorry people are defensive about it and we get, oh, it's always been that. let's just keep it. look at other people and how it impacts them and how they would feel, i think it is a good

thing. >> president obama has urged the team to change its name. well, happy new year, it's opening night for the warriors. plenty of people around the bay area ready for tonight's sold out game in oakland, but, soon, it could be san francisco. the group warriors on the waterfront is hosting some watch parties this evening. they're in favor of the team's proposal to move back to san francisco to a new waterfront arena. now, if approved, the new arena would be built by 2017. it appears 30 and 32, here are some artist rendering. seems like there is an app for just about everything these days. you may have seen this video on youtube of the ohio state university marching band. well known for putting on elaborate half-time performances. what is their secret. this season for the first time, they're using a special ipad app that makes learning these complicated routines a lot easier. yeah, the students are able to see their music, drill formations and animations right

in front of them using that ipod and ipad. >> that's genius. >> pretty good. >> i wish i had that growing up in high school. >> we still prefer the stanford marching band. a sneak peek at the unique uniforms volunteers will be wearing during the winter olympics.

you know what that music means. 99 days until the opening ceremony of the sochi olympics.

as you can see, it's going to be colorful. the international olympic committee unveiled to the uniforms that the thousands of volunteers that games will be wearing. if they look a bit crazy like a crazy quilt, it's not surprising. represents russia's region. how much regions in russia? 82. you can track the sochi olympics on our website. go to nbcbayarea.com/olympics. from our athletes locally and nationally and their new uniforms and with a quick click you can sign up for our winter olympics news letter. it should be nice. >> yeah, a lot of colorful uniforms and colorful costumes be worn tomorrow. >> good news for the little trick or treaters out there. as the parents get them dressed see dry weather early on with temperatures mid-70s inland and anywhere from 6:00 to 8:00 at night mainly upper 50s to about 60 degrees. dry weather all the way through saturday with temperatures in

the mid-70s and little bit cooler next week. >> perfect. >> thanks for joining us here at 5:00, we hope to see you at 6:00. the debacle, an apology from the president's health secretary over the botched rollout of the health care website and tough new questions about hiprivacy. dangerous games. >> and the hug that is warming hearts around the world, a pope like we've never seen before and a little boy who did something we've never seen before. and a crash at a major airport that went undiscovered for hours. nightly news begins now. from nbc news