. breaking now at 11:00, a former dallas police officer found guilty of murder. a jury convicted amber guyger of shooting and killing her unarmed neighbor in his own home. good morning, i'm marcus washington. >> and i'm laura garcia. let's get right to that breaking news. it is a story that has grabbed the nation's attention. the jury unanimously decided guilty on the more serious charge of murder. cameras in the courtroom show the verdict being red by the judge and guyger could be seen crying in her seat. last year she mistakenly entered botham jean's apartment and

guyger off duty thought she was in her own unit and that jean was burglarizing her home. he was unarmed and eating ice cream in his own apartment was shot in the chest and died on his own floor. during the trial guyger took the stand offering a tearful defense and repeated apology. >> i wish he was the one with the gun and killed me. because i never wanted to take an innocent person's life. >> the days of protest in dallas and demands for police reform and guyger faces up to 99 years in prison. our other top story, the heat is on despite san francisco-based company juul labs saying it will no longer fund the yes on prop c campaign. the proposition is aimed at stopping the upcoming ban on vaping products. sharon katsuda is live in san francisco to show us why opponents are still concerned about the ballot measure. sharon? >> reporter: well, marcus, i

have a sample ballot right here and measure c is still on it. and we have yet to see if they'll pull the ads from the airways. >> we're going to continue to fight and continue to get the message out that we have to say no on prop c. >> reporter: with teen vaping onlts rise and recent numbers showing vaping-related illnesses at 815-related deaths across the country, san francisco company juul late last night issued a statement from the new ceo saying in part, we must strive to work with regulators and policymakers and other stakeholders and -- and earn the trust. as part of the effort juul will stop active support of prop c. prop c aimed to prevent a ban on e-cigarette sales going into effect in january. but the campaign presented it as a crackdown on e-cigarette sales to protect kids. community leaders and the no on c campaign is skeptical of the juul announcement because they said the campaign has been less

than truthful. >> we have to get the right information out to people about what prop c really does and that it allows big tobacco to write their own laws and overturned our flavored tobacco ban and overturned our prohibition on e-cigarettes which we know are causing harm not just here in san francisco but across the country. >> reporter: voters will still see the measure on the november ballot. juul said television ads and mailers that it paid for should stop in a few days. meantime votes are already coming in on the measure. >> we mailed the overseas ballots about two weeks ago to folks. we received some of the ballots back. the vote-by-mail ballots are going out on friday. >> reporter: so the elections director tells me unless there is a court order, this is a live measure. live in san francisco, i'm sharon katsuda, nbc bay area news. >> thank you, sharon. well just in, santa cruz count deputies are investigating a kidnapping. deputies say 50-year-old atre

tushar was kidnapped around 3:00 a.m. during a crime and scene getting into his white bmw with a california license plate of 7cug581. if you have any information, you're asked to call police into president trump steps up his attacks on the whistle-blower with anonymous intelligence officials at the heart of the impeachment case. in the meantime white house aides and allies have compressed concerns that the white house needs to come up with a clear strategy to combat the inquiry. peter alexander reports. >> reporter: president trump in the oval office ramping up his attacks on the whistle-blower, revealing his administration is working to learn more about the unnamed cia employee. >> we're trying to find out about a whistle-blower. when you have a whistle-blower that reports things that were incorrect. >> reporter: the whistle-blower's lawyer responded, arguing his client is entitled to anonymity, adding the individual is not to be

retaliated against and doing so is a violation of forward law. the president for days releasing a barrage of tweets and writing like every american i deserve to meet my accuser. .whistle-blower lawyer already expressing concerns about his client's personal safety noting that certain individuals have issued a $50,000 bounty for any information relating to the whistle-blower's identity. pointing to the president's recent comments to u.s. diplomats caught on camera. >> you know what we used to do in the old days when we were smart, right, with spies and treason. we used to handle it differently than when he do now. >> reporter: overnight the inspector general pushing back against the false claim by the president and his allies that the rules were recently changed enabling a whistle-blower to come forward with anything other than firsthand information. saying in a rare rebuke that the law did not change. while adding the whistle-blower possessed both firsthand and r information.

a key trump backer demanding house democrats avoid any rush to judgment. >> nothing is por serious than nullifying an election and that is what we're talking about. nullifying a presidential election. >> reporter: still the senate top republican mitch mcconnell admitting the senate would have to hold an impeachment hearing if the house votes to charge the president. >> i would have no choice but to take it up. >> peter alexander reporting there. and in the bay area eric swalwell is holding a town hall meeting to discuss the impeachment inquiry. john dean, richard nixon white house counsel during watergate will talk about the issue. it is tonight at 6:30 at james logan high school in union city. today two of president trump's asylum policies will be heard at the ninth circuit appeals court in san francisco. judges are considering a policy that requires some migrants to wait in mexico for the duration of the immigration proceedings along with the policy barring migrants who illegally cross the border from seeking asylum.

turning to our microclimate weather alert, a live look at san rafael. nice outside right now. chilly start to our day. we are in the first day of october sot means fall. >> and the start of the new water year. >> oh, that is right, too. keeping track of that. but the warm-up will continue this weekend. >> it will continue. and we're going back to summer into the next few days. here is a live look outside from the cupertino hills. just a beautiful tuesday morning. and it also feels really nice. actually feels like fall as we go into the lunch hour. we're going to start the warm-up from here. right now in the low 60s for many of the microclimates, 59 in half moon bay and 70 in fairfield but everywhere else lower 60s. and our high temperatures for today. reaching 76 in concord. 75 in napa. oakland today heading up to 69 degrees. with san francisco in the mid-60s and low 70s for san jose and palo alto. so we'll look ahead to the

warmer temperatures in the forecast going into the weekend. you don't want to miss it before you make plans. we'll talk about it coming up in a few minutes. >> thank you, kari. a developing story now. new intense violence between protesters and police in hong kong. new video showing officers shooting a protester. watch this as officers open to protests and swinging a rod at officers, that man falls to the ground and he was later taken to the hospital where he underwent surgery. other video showing another protester sprayed in the face with mace as police officers -- this is by police officers there. hong kong is in the middle of chaos as community leaders in china celebrate 70 years in power. people in hong kong are fighting for more freedom. back here in the bay area, a possible second crossing. the b.a.r.t. general manager said a second crossing across the bay is the most important project for bay area transportation over the next several decades.

b.a.r.t. crosses between oakland and nsf via the trans-bay two, the red line on your screen. transportation leaders are considering a second crossing south of the tube, a yellow line. a second trans-bay rail crossing could possibly be shared by cal train, ace, and high-speed rail and the capitol corridor. to pay for this and other improvements, a measure could be put on the november 2020 ballot to raise $100 billion in taxes over the next several decades. >> i have a job. it is perfect. >> that would be great. yeah. commune -- commuting is a nightmare. >> we rely for the valley and let's help everybody out and get everybody to work. >> b.a.r.t. announced that construction could be delayed four years until 2030 because of an updated underground design that will take longero complete. b.a.r.t. general manager

will meet and greet riders tomorrow morning between 8:00 and 9:00 at lake merritt and between 3:00 and 4:30 at the montgomery station. next week is two years since the deadly north bay fire storm and now sonoma supervisors are meeting to assess the recovery efforts. at the same time the press democrat is reporting thousands of those victims are now getting exorbitant clean-up bills in mailboxes sent by sonoma county. some of them exceed $300,000. but the county tells residents not to be alarmed because the cost will actually be covered by insurers and a billion dollars federal and state emergency plan. baseball fans getting ready for the most exciting time of the year, the post-season. but it has to do with foul ball dangers. vicky nguyen is looking into the rate of fan injuries from foul balls and in one case last year even led to a fan's death. she spoke with one former player still affected by the foul ball he hit that injured a fan.

>> all it takes is one pulled line drive or one just being late on a ball and a lot of balls are shooting over dugouts and that is the danger zone right the, where they are coming off over 100 miles per hour. >> some teams are extending the netting to protect fans from foul balls. it is time to get serious about our game, though. the post-season is here. for the a's it comes down to tomorrow to host tampa in a winner take all wild card game. if you don't have tickets yet, there are still some available. and the cost is reasonable. seats on mt. davis at $25 and resale tickets could be found for under $50. >> time to get them if you want them. coming up, google souping up more bay area land. where a new downtown campus will be popping up. and a bay area man charged with working as a foreign agent for china intelligence service is giving us a new window on chinese spies living and working among us.

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prevagen. healthier brain. better life. the fbi is accusing a bay area tour guide of spying on the u.s. for china and they nabbed him in an elaborate sting operation. he charged with acting as an illegal foreign agent. authorities have released video which they say revealed a scheme to steal american intelligence from inside of the country using a combination of modern technology and age-old spy craft. joe friar has the details. >> reporter: in this georgia hotel room the fbi said a spy working for china was caught red-handed. the video captured by hidden cameras is part of an fbi sting operation. the target, 56-year-old edward pong, a naturalized u.s. citizen believed to be working for china's spy agency and in a

complete it reads like a spy novel and the fbi reveals it used a double agent to take part in multiple dead drops in locations across the country with the double agent meeting peng in hotel rooms in georgia and california six times between 2015 and 2018. peng is accused of paying the double agent thousands of dollars in cash for classified u.s. national security information all stored on sd cards. in this video released by the fbi, peng could be seen taping a white envelope containing $20,000 inside of a drawer in his hotel room. >> the double agent would retrieve the cash and take the sd card to the same place where the money had been left. >> reporter: then authorities say he returned to the room to pick up the memory card loaded with harmless american secrets curated by the u.s. government. two days later the fbi believes he got on a plane with the sd card and traveled to beijing

where he would meet with chinese intelligence officers. >> the chinese are the number one intelligence threat to the united states right now. >> reporter: the fbi raided peng's california home on friday. he's now been charged with acting as an illegal foreign agent as this covert undercover spy operation lands the american citizen behind bars. >> joe friar reporting there. if convicted, pong could face up to 10 years in prison. the chinese government and his attorney have not returned the nbc request for comment. google has reportedly snapped up more real estate in an area where it plans to eventually build the massive downtown san jose campus. this is the area where the property has already been purchased. the mercury news reporting the latest land north of sap center and north of montgomery street. they want to develop a transit village around sap center and dear dawn train administration including 5,000 homes. google wants to locate about

25,000 workers there. a sign of the times in the bay area. san jose man suddenly leasing a carport with a car and futon as his living quarters and an ad on craigslist boast of low rent, $400 for a carport and a station wagon. no smoking or pets and no bathroom and don't think about inviting visitors. we spoke with the san jose code enforcement division manager and said this is a serious violation and potentially very expensive for the property owner. >> there is no weather proofing, no heat, there is no sanitation, no running water so these are all inherently dangerous situations. >> the man who posted the craigslist ad tells us his land lord increased his rent from $1,700 to $2,500 a month forcing him to sub-lease the carport to try to make end's meet. nbc bay area has learned that some immigration officials did not follow their own policies when they deported u.s. military veterans who got into legal trouble.

>> our investigative unit is uncovering the story. here is steven stock. >> left behind by the country they served, we found more than 300 u.s. serve veterans who have been kicked out of the country under a policy first enacted under bill clinton administration. i.c.e. has special procedures for handling immigrant veterans but this report by congressional investigators shows that i.c.e. did not consistently follow its own policies when deporting veterans who are not citizens. nor does i.c.e. electronically track those vets either. according to the government accountability office or gao, i.c.e. did not consistently follow its own policy involving veterans. in some cases agents were unaware of the policies even existed. and some veterans who were removed may not have received the level of review and approval that is appropriate for cases involving veterans. >> they don't follow their own procedures. they're supposed to be keeping a

count and finding out who is a veteran and who wore the uniform for our country before they deport them and they don't follow their own internal policies. >> repter:e discovered that that has had a severe impact on many u.s. veterans. leading to hardship, family separations, health problems and in at least one case the death of a u.s. veteran. we follow one veteran as he struggles to reunite with his family for more than two years. find out what happens to him and what the congress may be doing about this tonight at 11:00 on nbc bay area news. >> if you would like to get ahold of our investigative unit call them at 888-996-tips or log on to our website at nbcbayarea.com/investigations. a lot of nutritionists are calling out a new red meat study saying it reverses years of research. >> they found there is no need to cut back on red or processed

meat saying that higher intake does not lead to higher health risk. a group of scientists conducted the study. critics say they used an adequate research methods and nutrition experts have asked for internal medicine which published the study to hold it because it needs further review. they say that evidence clearly shows less red meat cuts down on heart disease and lowers death rates. jump back to our microclimate weather forecast because we have a taste of fall, summer is hanging on. today is very nice. >> right now we're in that battle. we go back and forth from cool to warm air and so that is what we're going to see throughout the week. here is a live look outside at the golden gate bridge where it is a beautiful day but it does feel chilly out there as you get ready to head out and a lot of people are wearing the heavier jackets, if you have somewhere to dig it out from the back of the closet. but if you are going to the sierra within the next couple of days, you'll see this. this is a live look from heavenly where there is snow

still on the ground from this system that moves through over the weekend. and then we take a look at squaw valley, so beautiful but it looks like it is the middle of winter and we're just getting started with fall here. on the first day of october, though, it is nice to have at least a little bit of snow cover on the ground in the sierra. if you are planning on going this weekend, see some fall foliage, maybe head to the national forest or yosemite to see the leaves changing and also looking a lot more colorful. we're going to bring it back closer to home with a look at the mendocino coast. now at 61 degrees. so it is a cool day. and then we're heading down to mountain view with a look at temperature trend for the day. we'll reach up to 70 degrees with mostly sunny skies. and then as you take a look the athe seven-day forecast at the bottom of the screen, we are going to be heating up this weekend. so we're enjoying a taste of fall today. cooler than normal weather. we're normally up to about 78

degrees in san jose. but today's high temperature 72 degrees. in east san jose expect a high of 73. we have some mid-70s for the east bay with danville reaching 76. and hayward today up to 70 degrees. we're also going to see a high of 70 in san mateo, san francisco staying below 70 degrees with breezy winds. and the north bay up to 74 in santa rosa. so we do have changes ahead. we're going to start to see high pressure building in that and that gives us more clear skies and with the wind flow clockwise will provide a northerly wind and it is going to be very dry at times, even blowing off shore. so we will have the threat of a high fire danger going into the weekend because of not only the warmer temperatures, but that dry off shore wind will be watching out for as our temperatures in the valleys heat up into the upper 80s and then we start that cooldown again early next week. but another spike in

temperatures with san francisco in the mid-60s today, we're going to be in the mid-70s for the weekend. up to 76 degrees this sunday. so put that in your weekend plans. that we are going to have more summer-like weather over the next several days. >> hanging on. >> thanks, kari. coming up, an airport cart spins out of control right next to a plane. how crews were finally able to make it stop before it did any damage. plus first happening now, if your kids need money for college and listen up because applications for federal student aid or fas fa are now being accepted. right now is the best time to apply for aid and it helps to get in the forms early at colleges and federal and state governments to review how much aid you get. we'll have more news right after the break. see you back here in a second. come try my really big chicken sandwich combo with

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welcome back. and happening today, a little before noon if you hear a roar of flight jets in the skies above san francisco, the blue angels are not in the area. it is a week early for fleet week. actually you'll hear and see the united kingdom red arrows aerobatic team flying over the golden gate and the field. they are here as part of the u.s. tour and some two dozen cities and they will land at oakland airport and meet with leaders including the mayor

libby schaaf. the red arrows will not stay here for fleet week which is next week. here is something you don't want to see when you look out your airplane window, a catering cart spinning out of control at chicago o'hare. a passenger shot this video while waiting on the tarmac. the cart finally stopped when a worker used a plane tug to knock it over. american airlines said a stuck accelerator might be to blame. luckily nobody was hurt. and a last look at what we could expect with the nice weather. >> it is nice today. getting out there with sunshine and highs in the low 70s. we'll be warming up going into the weekend. our inland valley reaching into the upper 80s and for san francisco we're at mid-60s today. and then for the weekend as you start to make plans, i know it is just tuesday but it looks really nice this weekend. >> and that is why we appreciate you. >> thank you, kari. >> and thank you for joining us. next newscast is at 5:00. >> don't forget to join us tomorrow morning --

>> look at them. look at them go. hello, brits. welcome to america and the bay area. >> putting on a show. >> absolutely. the red arrows there visiting us. we'll see you back here tomorrow morning starting at 4:30.

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that you do everything to preserve and protect them. with love, california. right now on "california live," lawrence is playing the blues. >> well i don't know about playing the blues, but i'm definitely seeing the blues. blue man group. and we' got dating drama. >> i've got some tips that could keep you from getting ghosted and i brought some friends to help. and then tv star catherine oxenberg reveals her real life true horror story. >> i never thought a self help group could be a sex cult. and flying back to the 70s and kim is ready for takeoff. >> all aboard for the trip of a lifetime. and the clock is about to