may face hate charges tonight. they're accused of putting their african-american roommate through a tortuous ordeal which began with the hanging of a confederate flag in their apartment. >> san jose state university spokesperson tells me the investigation began last month. the investigators found that white students had committed a string of racist acts against their black roommate. students tell us it happened in this high rise student housing on the san jose state campus. eight freshmen shared a four bedroom unit. the investigation brought to the university's attention by the parents of the victim found the n word had been written on a dry erase board in the room. the students had forced a bike lock around the student's neck and lost a key. a picture of adolf hitler was

displayed in the apartment and the confederate flag was displayed as well. >> people are really mad that someone would hang that up and show it around. it's offensive. >> another student says tonight's black student's union meeting was intense and a rally is planned for tomorrow to demand answers. >> they're offended by the events that took place on our campus. it's close to home and we weren't aware of it at all. no organization on campus let us know these issues were here. all new students are required to take sensitivity training during orientation. three investigations are going on. criminal, which has reportedly led to charges, a student's conduct investigation, which at worst could lead to the students being expelled. and a title nine investigation, to determine if federal statutes determining if harassment and discrimination have been violated. now that you've heard that, are you ready for this? i talked to two students out here tonight who know the accused and they say flat out these kids are not racist. you look at the evidence.

one on top of the other, and it seems like a clear cut case, they say it was pranking and in fact the black victim in all this did not want his parents to go to authorities to report it. terry mcsweeney, nbc bay area news. >> we also have details of a palo alto man detained in north korea. he may have been stopped because of his comments involving the korean war. he went on a 10-day trip to the communist country with a tour group from beijing. his son said everything was going well on that trip, until neumann, who's a korean war veteran discussed the war with his tour guide and another north korean. neumann was then taken off the plane that was flying back to the united states. this happened on october 26th. his traveling companion, who lives in the same palo alto retirement center said this has to be a misunderstanding. an expert on north korea says the government may try to use him as leverage with the united states. >> i hope that the north korean

government understands this is not a very smart thing to do. under any circumstances and they will see their way toward doing the compassionate and intelligent thing and releasing him. >> neumann's son says his father has a heart condition and there's no word on his father's whereabouts. >> neumann traveling companion released this statement. there has to be a terrible misunderstanding, i hope the north koreans will see this as a humanitarian matter and allow him to return to his family as soon as possible. a developing story on the peninsula right now. caltrain is trying to get back on track after it had to shut down north and southbound lanes because of a downed power line near the heywood park station. caltrain is using buses to get people from the park to other stations. it has been a frustrating night.

>> i've been on this train for about an hour and a half at this point. hour and 45 minutes. and trying to take this bus, still don't know where this bus was taking us. san mateo, they said, you don't know what to do from there. >> the downed line is also knocking out several homes and businesses and two traffic lights in the area as well. >> the storms prove to be dangerous for drivers all across the bay area today. one car went over the cliff. it's back open tonight. four people were inside the car when it went off the road. officers are investigating what led to the crash. highway 17 is known for its treacherous roads during storms just like this one. while drivers in san jose had to deal with some flooding on the road, there was a huge puddle under taylor street. are kas going through it slowly, hoping not to end up with any more serious problems. drivers had to be especially careful on the wet roads all

across the bay. we go to jeff ranieri to find out what we have in store for us tomorrow. >> it is currently clear at this hour, that is the good news. a lot of the strongest activity has now pushed off toward the south. for the maximum rainfall totals, impressive, 2.52 inches. napa also over an inch. lesser amounts for gilroy, san mateen and morgan hill. the impressive thing is in san francisco, one and 2/10 of an inch of rainfall is now the top 24 hour rainfall total for san francisco in 2013. the last time we saw anything close to this was back on last christmas when again that total did rival this at the current moment. as we get a look at that rain, we're going to be looking at a little bit of activity as we head throughout tomorrow morning, we're going to detail that in the full forecast.

>> we'll see you shortly, jeff. it's been an emotional night for the bay area's transgender community. they're remembering those who have been killed because of hate and intolerance. they're honoring those who step in to help. nbc bay area's jean ellie joins us in oak land this evening. this community is not only growing, but it's getting stronger? >> well, it's voice is getting louder and tonight the transgender community here in oakland says a recent act of violence against the bay area teenager who identifies as a gender is reason enough to speak up for the community. candles burn in oakland on the city's first official transgender day observance. >> it's got to stop some day. i shouldn't have to worry about me walking down the street and somebody harming me because of

what i am. that's not what i'm putting it out there for. i'm doing it, because i'm happy. >> kayla moore is remembering friends like brandy martell. her murder in oakland is unsolved. the crowd realized the number of victims could be higher, but strangers helps sasha when another passenger lit the teens skirt on fire. dan gayle received a standing ovation for helping the a gender teen put the fire out. >> i heard a commotion, i turned around and seen somebody on fire. >> he later learned the badly burned teen doesn't identify as male or female and sometimes wears skirts. details gayle says shouldn't matter. >> we're all different, aren't we? who cares? >> the nation's first openly transgender elected judge warned the community it must continue fighting for safety and equality. >> being transgender is going to be a very very important

political issue in the next year or two. whether we like it or not. we're going to be in the spotlight. >> a political battle is brewing over california's school success. a bill requiring schools to respect the student's gender. a bill opponents are vowing to be heard. >> we have to stand up. if we don't, we're going to continue to die off. >>. >> a group called privacy for all students says it has enough signatures to put ab 1266 on the ballot. if the signatures are verified, california voters will have to decide the matter. reporting live in oakland, jean ellie, nbc bay area news. >> thank you, jean. police are looking for an armed and extremely dangerous homicide suspect. 23-year-old michael green shot two women over the weekend. he's described as being 5'11"230

pounds with a beard and long hair. one of the victims is a 22-year-old woman, she died. the other taken to the hospital in critical condition. police say green may be traveling in a 2001 mercedes with a license plate 4 uip 704. police arrested a 16-year-old student for stabbing a teacher with a mechanical penc pencil. the student came up to the sticher at lunch and stabbed himd several times in the head, neck and arm. the high school was put on lockdown. officers later arrested the student a few blocks away. the teachers injuries were not serious, because of the students age his name is not being released. stanford did it in 1972, vallejo high school did it tonight. vallejo high is dropping its mascot. the school board voted to replace the apache name, it's been the source of tension between people who think the name honors the apache people

and those who find it offensive. the school will discuss new mascot names next month, and take new ideas from the students and community. several schools and professional teams like the washington red does skins are being pressured to change their native american mascot names. allegations of animal abuse. straight ahead an nbc bay area investigation into the dangers of pet travels. hear from a pet owner who claims airline hand emmers kicked her pet's crate and let them out in extreme heat for hours. also, what went wrong, a new report detailing sfo's failures in the moments after the deadly asiana crash. the bible blunder that has costco apologizing. the simple snack that could help you live longer and stay slimmer too.

it's a big business, but it's also a big risk, putting your pets on a flight can be deadly. it's a problem we expose nearly a year ago. >> now elise kirchner joins us with another incident a pet owner shares with us publicly. it's a story she was almost not allowed to tell elise. >> the airline made her sign a nondisclosure agreement. but she felt the public needed to know. we should warn you, the details and images are graphic. she claims her animals were kicked, left out in extreme heat and nearly died. she documented the alleged abuse.

>> they offload sedona, and i watched this man kick her crate six times. until it's under the wing of the plane. >> it was july, the dead of summer. relocating from california to boston, janet says she chose to fly on united because of its pet safe program. according to the airline's website, the program ensures pets receive personal handling in climate control vehicles and never be exposed to temperatures more than 85 degrees for more than 45 minutes. >> they assured me my dog would get a safety stop which i paid extra for. >> before the trip, her pets were examined by a clean bill of health. but once in houston she saw this, the animal's crate sitting out on the tarmac in 90 plus degree heat. she pulled out her cell phone

and began periodically recording. >> the animal is still sitting on the tarmac and this man is about to load luggage. it's 4:25. that's the fuel truck. 4:58 we're having air conditioning troubles. doors are still open to cargo. >> those problems on board caused more delays. three hours after landing in houston, sinclair says she finally boarded another plane for boston, but once again, there under the wing were sedona and alika. i said to the flight attendant we need to get my animals off that tarmac. they're not supposed to be on the tarmac, they're supposed to be in an air conditioned van. >> one animal was severely dehydrated, the other was almost died. >> she was urinating and

defecating blood, she was dying in front of me. >> her dogs spent three days in the intensive care unit. medical records show sedona suffered a heat stroke, blood clotting and a urinary tract infection. problems she suffered during her united airlines flight. the cost, nearly $3,000. sinclair wanted that money back. in this letter, united argued the animal had a pre-existing health condition. the airline agreed to pay if she remained silent. the investigative unit requested an interview with united. the airline declined and released this statement in part saying, we regret that sedona did not have a good experience. we offered to compensate miss sinclair by fully reimbursing her vet bills. but unfortunately she declined to accept the terms of the agreement. >> the only reason i can do this interview is because i didn't sign that. and i won't sign that. >> within 24 hours of launching this facebook page, thousands

began supporting her cause. >> i still want to be reimbursed but i'm not going to be quiet. >> i spent almost four hours in that plastic kennel in conditions well above 85 degrees. >> the investigative unit has talked to pet owners that lost animals. more than 300 pets have died, been injured oregon have gone missing due to the airlines. nondisclosure agreements are common. but more importantly, shipping pets can be a gamble. >> think about it, is it worth it for me to check my family member as baggage? >> today, sedona and alika are settling into their new home. still, janet is waiting for the airline to take responsibility. >> it cost me $2,700 to save my

animal's life. reimburse me and apologize. >> within 45 days of an incident airlines are required to report when a pet is hurt, died or lost during a pet. so far it hasn't been posted. we also discovered it's common practice for united to require that a pet owner who filed a claim sign a confidentiality agreement. bottom line, if you're going to ship your pet, know there are risks. >> unnerving for all those pet owners. if you have a tip for the investigative unit, give us a call or send us an e-mail at nbcbayarea.com. we're getting more details following the asiana crash. the airline cited a need to coordinate response efforts. the july 6th incident left three girls dead and more than 180

passengers injured. the emergency alert system failed on that day. it's now being replaced. the airport's website crashed during the incident. there was no streamlined plan from ems responders who rushed in from two different counties. this just in to our nbc bay area newsroom. a boeing 747 dream lifter is stuck at a tiny kansas airport. this is a cargo plane. you can see the massive plane at wichita's jabara airport. the plane landed there by mistake, it landed at the wrong airport. the problem now, getting out. the runway is a couple thousand feet too short for this size of a plane. boeing is sending a tug to turn around the jet. this process may take several hours. it's a cargo plane that landed in wichita. let's check in with jeff ranieri, we had a lot of wet weather today. what can we expect tomorrow? >> it's already beginning to

clear out. we're not tracking anything in terms of heavy rainfall. let's take you outside to that live sky camera network. temperatures cooling off into the 50s right now, we have a little bit of drizzle in san francisco, and back here across the east bay, visibility at 5 miles plus. no fog storm that we're dealing with, but definitely high level cloud cover at the current moment. let's get a preview here as we head throughout tomorrow's forecast. i think you're going to love what you see here. more sunshine, and temperatures going up about 3 to 5 degrees from what we had today. we'll go with mid-60s in the east bay, and the north bay could get up to some of the warmest weather across the bay area. after those pummeling rains for today, we're not done yet. we have a system, a little bit of a wave of energy in the upper level atmosphere, that's going to be developing over the next 12 hours, and as that scoots down, 'not a strong storm system, but there's going to be enough uplift in the jet stream,

we'll have a few thunderstorms sparked off here across california. we'll have details of who has the best chance in the bay area. what i want to get to next is the possibility of showers. we are still going to hold on to a little bit of shower activity into the morning hours at 6:00 a.m. you can see the models picking up on a little bit of green. it's a good enough of an indication that we may have a few showers in the morning hours. we're finally going to be able to shape this wet weather. and that's going to make it a much better thursday in that forecast. we wanted to update you on the water, sense of the latest totals, we're 62% of normal in san jose, we made some headway, but still a huge departure from where we should be. we've only had 3.6 inches since january 1st. let's get your micro climate forecast in here, as we head through our thursday forecast, 60 to 66 degrees in the south bay, 63 in san jose.

gilroy at 66. redwood city at 63, palo alto at 64, and for mid market there across san francisco, temperatures in the mid-60s, also, partly cloudy skies. that possibility and the best chance of thunderstorms will be in gilroy, the area of low pressure pushes off to the south, we might get enough instability up around the hills to spark off a thunderstorm, it's only 20% right now, but that's good enough for us, if we get one lightning strike, that's going to be big talk across the bay area. otherwise, throughout the north bay, temperatures in the mid-60s, east bay 63, freemont 62. the trivalley winning out with some of the warmest weather, 68 in pleasanton, and 67 in livermore. we're tracking possible rain by thanksgiving of next week, get ready for potential delays by wednesday. our storm system will approach, that will mean rain for thanksgiving here in the bay area, and take a look at this, possibly a central plains and east coast storm shaping up at the same time, this could be a major headache for next week.

if you're staying in the bay area, good news for you. still ahead at 11:00, talk about wet and wild, what's being called the world's tallest water slide.

is the bible fiction or nonfiction? where it landed on one store hefl is stirring up a lot of n controver controversy. it was interesting to see it labelled as fiction. costco responded saying it mislabelled a small percentage of bibles before sending them to a store. the pastor says he's forgiven costco, saying he knows it made a mistake. go nuts, that's the latest from doctors about something people eat every day. people who consume nuts at least seven times a week, have a 20%

chance of an early death. the study was funded in part by the international tree nut council. ahmed fareed is next and so is jay. >> raj, jessica, fun show tonight. blake shelton on the program. kathie lee and hoda join us. incredible song from imelda may.

ahmed fareed joins us live from the comcast sportsnet newsroom. talking bobbleheads and overtime zm. >> the warriors trying to do it without their superstar. curry was out with a concussion. and the warriors could have used him late. we'll see the highlights from oracle arena. we see curry wearing a suit instead of a jersey. warriors down 2, harrison barnes, yeah. we got a tie game, time winding

down now in regulation. andre iquodala trying to get his shot. dribbled around, got a double team, fade-away. not a good look. no time-out. that was missed. in o.t., mike connelley for three, he's got it. warriors go down 88-81. coach jackson after the loss. >> they outplayed us tonight. it makes no sense going back, whatever amount of times they've boaten us. they beat us tonight. we battled. we defended. we executed. we fell short. this is a very good basketball team. it's very smart also. give them credit. >> warriors have lost 11 straight to fell fitness. the raiders matt mcgloin against the titans, the undrafted rookie through three scores. he led the raiders to a victory over the texans last weekend. terrelle pryor still resting that hurt knee. the 49ers now, the nfl stood

behind the passing penalty to ahmad brooks. brooks is going to have to pay for it. the linebacker fined almost $16,000 for his hit on drew brees. they ended up losing by a field goal. curry will travel with the team to los angeles, however, it is still unclear whether he will play versus the lakers. that's sports, more news after the break.

this is for real. kansas is about to become the world's tallest water slide. it will be about 17 stories tall. riders will shoot down that slide at a minimum of 65 miles an hour. >> where is the netting. >> it's scheduled to open in may.

the exact height hasn't been nailed down. it will be taller than the current world record holder in brazil. that's taller that niagara falls and the statue of liberty. >> is there going to be netting? netting on the side? >> it looks very dangerous. >> would you have a bathing suit left by the time you got down? >> good question. thanks for joining us tonight. >> we should be in a scuba outfit. >> yeah.

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and now, jay leno! [ cheers and applause ] ♪ [ cheers and applause ] >> jay: thank you very much. welcome to "the tonight show." thank you very much. nice to have you all here. [ cheers and applause ] thank you, thank you. well, let's see what -- hey, listen to this. according to a new poll, if the 2012 election were held today, mitt romney would win.