aldon smith is going to the hall of fame if this game goes on much longer. >> did aldon smith get preferential treatment? >> yes, he did. >> the questions revolve around aldon smith, lori smith. they center on a saturday find behind these gae gates at the sheriff's shooting range and a friday morning in a santa clara county jail. >> normal protocols were not followed. >> what does that mean? >> preferential treatment was given to aldon smith. >> reporter: this is a member of the sheriff's department. he is fearing retaliation. is this unusual? >> very unusual. >> reporter: it came in the hours after aldon smith was arrested in south san jose for driving under the influence of alcohol. friday morning, september 20th. >> the issue is there are deputies in your jail that believe you provided aldon smith with preferential treatment that morning. >> the process is the same for everyone who gets booked and arrested. >> reporter: according to the arrest report, aldon smith was booked into county jail at 9:40 in the morning. in the field his breath test was .151, nearly twice the legal limit. >> it ha

weapons. >> did you see aldon smith there? >> i saw him, yes. >> did you interact with him. >> i may have talked to him. >> did he ride in your helicopter that day? >> yes. >> socializing with the sheriff and members of her department. there are some who say that's a conflict of interest. >> why? >> because his party, he may have been under investigation by your department. >> why do you say he was under investigation. he was a victim of that at his house. >> a curious response, because just two days after that interview, 15 months after her department started its investigation, the district attorney filed criminal charge against aldon smith, labelled a defendant, charged with three counts of possessing illegal assault weapons, found by sheriff's smiths investigators in aldon smith's bedroom, while investigating his party. she invites him to the range, allowed him to fly in the he could, is that a problem? >> it appears to be a problem, yes. >> a san francisco judge and former u.s. attorney for the district of northern califor

aldon smith. and gets wide. >> reporter: he's the all-pro linebacker of the san francisco 49ers. >> aldon smith is going to the hall of fame if this game goes on much longer. >> reporter: did aldon smith get prefer shl treatment. >> yes, he did. >> reporter: the questions involve 49ers superstar aldon smith. santa clara county sheriff laurie smith. they center on a saturday behind these gates at the sheriff's shooting range. and a friday morning inside the santa clara county jail. >> normal protocols were not followed. >> reporter: what's that mean? >> that means that preferential treatment was given to aldon smith. >> reporter: he's a veteran member of the santa clara county sheriffs department. he asked us to alter his voice and disguise his identity because he fears retaliation. is this unusual? >> it is very unusual. >> reporter: the unusual actions came in the hours after aldon smith was arrested in south san jose for driving under the influence of alcohol. friday morning, september 20th. the

. >>> still to come, the 49ers, aldon smith still in rehab following his recent dui arrest. now we're getting a better idea when he may be back on the field. details next. >>> yahoo! scores a big coo?-?rs morning. >>> and even after all these years, fans of all generations still flocking for you know what. we'll take you live to the south bay. that story coming up. >>> and we still have some thick fog out there and slight delays as a result out of sfo, but we have showers in the forecast. that's a big story in the weather department. want to detail that for you when nbc bay area news at 11:00 comes right back. >>> welcome back. this month marks 22 years since the massive oakland hills fire. now survivors are joining forces with community leaders to help make sure it doesn't happen again. the fire in 1991 killed 25 people and destroyed more than 3500 homes. concerned residents and politicians using the anniversary to urge people to renew the wildfire prevention assessment district. the current measure is set to expire next year. it provides funding for roving fire patrols as

she probably thinks she made a mistake too. >> did aldon smith receive preferential sfleemt. >> aldon smith did not receive preferential treatment. >> the unit holding the powerful accountable. asking the questions around the dui arrest and criminal investigation of aldon smith. we want to mention that coach jim harbaugh hoping smith can be back in a couple of weeks and help the 49ers out. >> we'll see. 4:28. we continue our coverage of the b.a.r.t. strike. we'll have live team coverage after the break. >> we take you out to give you these live looks. traffic running pretty smoothly at this hour but you know what, that will change in the next probably hour as more and more people head out the door this morning. we'll show you what you need to know to get around. >> and as the b.a.r.t. strike continues, so does the investigation into the death of two workers killed right on the tracks. we have new details we're learning and whether that tragic accident is now putting more pressure on b.a.r.t. and its unions to get this deal done. good morning. it is 4:30. i'm jon kelley. >> i'm marla t

aldon smith's career is now in jeopardy. the santa clara district attorney has filed criminal charge against the 49ers star. it all stems from a house party at his south bay home last year. our chief investigative reporter join us from our news room. and tony, it's unraveling quickly for this young man. >> reporter: it's been a lot of legal action in a short period of time. you're talking about that house party where aldon smith was stabbed, two others shot, and for the past 15 months, the sheriff's department has investigated just what happened. it led to two civil lawsuits zens aldon smith and now the district attorney deciding to file three serious felonies. >> h ewill self-sur rebder later this month and there will be a court date set. >> the district attorney charged alcharged aldon smith with serious felonies. >> we're grateful none of these weapons

going from bad to worse for aldon smith. 49ers released this statement today. he heard from jim harbaugh and this is the official team statement. we recognize the serious nature of the situation and will continue to monitor it closely. we should note the league office, the nfl office is also following this case very closely. we have more on our website, we'll also have more on our story on the 6:00 newscast and we should add many of our best stories come from our tipline. if you want to connect with our investigative unit, give us a call at 1-888-996-tips. >>> day nine of the government shutdown and still not much movement. nancy pelosi and east bay congressman eric squallwell are among the house democrats that met with president obama at the white house today moping to figure out a deal. >> we are giving 200 votes and others have said. 200 votes to open government, to go to the appoint to go to the table to discuss the subject and that is to say, yes, republican leadership in the house, we accept your number and take yes for an answer. >> senate democrats will

also, serious questions about why aldon smith was invited to a sheriffs fund-raiser. why he shot a high-powered rifle from the sheriffs department and why he flew in the sheriff's helicopter. all while under investigation by her department for possessing illegal weapons. >> is that a conflict of interest? >> i believe it is. if someone is under investigation, i don't think it's wise or justifiable to bring them to the sheriffs office when you use county gun and ammunition. >> did the sheriff make a mistake by allowing aldon smith to come to this event to shoot her weapons, to fly in her helicopter? >> based on what we know, it sounds like she made a mistake. it's a mistake in judgment or a mistake in public perception. yeah. she probably thinks she made a mistake, too. >> did aldon smith receive preferential treatment? >> aldon smith did not receive preferential treatment. >> tonight at 11:00, we investigate holding the powerful accountable and asking questions about preferential treatment after a dui arrest. exposing questionable contact in the middle of a criminal i

coming up the 49ers aldon smith still in rehab. now a new idea when he may be back out on the field. >> quieting kree taf during the b.a.r.t. strike. what some are doing to get to where they need go. >> a lot more tablets. a look in business and tech. [son] all right,she has no idea. [man] no one told her,right? [son]hi! [mom screams] >>> we welcome you back with this live look at 880 in oakland. if you are driving in to work today be sure to allow extra time. the roads expected to be packed as we enter day four of the b.a.r.t. strike. here is a live look at the toll plaza. lines at the cash lane beginning to build as people leave early to get to work. mike inouye is watching the roads. he will have a live report in about five minutes from now. >> with no signs of the b.a.r.t. strike ending some people are getting creative when it comes to commuting. for instance, meet emily. she posted this ad on craigslist offering rides from the east bay through san francisco to the peninsula with stops in between. she is asking passengers to ch

the 49ers have won both of their games since aldon smith left for rehab. we recognize the serious nature of the situation, as does aldon and we'll continue to monitor it it closely. some of our best stories come from our tip line. if you have any information regard this story or any other story, we urge you so to the give us a call. >>> we are following a develop story out of san francisco tonight. police are investigating a fatal shooting at intersection of mission and brazil avenue. the call came in around 4:00 this afternoon of a man shot to death. when police arrived, the found the victim shot multiple times. medical personnel pronounced him dead at the scene and witnesses say another man was seen running away. several blocks are closed right now and that's causing delay for at least two muni trains, running shuttles around that area right now. the search continues for the shooter. the motive is unknown at this time. >>> new at 6:00, once again, there's help for families of fallen sold squaers. phillipically they receive $100,000 from the u.s. ghovt to

. >>> 49ers linebacker aldon smith is facing felony charges tonight. aldon smith was charged with three felony counts of illegal possession of an assault weapon stemming from a party at his home in june 2012. he is on leave from the team while he undergoes treatment for substance abuse following a dui arrest. the district attorney said she expected to surrender later on this month. >>> fight for tentants rights. people march -- tenants rights. people marmed today. -- marched today. the neighborhood has been hit hard. >> in south of market in a year and a half there have been 400 evictions. >> 9 families recently received letters warning about esitions. -- eviction. >>> tomorrow marks a tough day for a family. it will mark 90 days since she was reported missing and it is her second birthday. on july 10 her father said she disappeared from his car while it was parked outside a market while he went inside. her family will hold a candlelight vigil at the intersection from 4:00 p.m. to 6:00 p.m. tomorrow afternoon. >>> a deadly drug for pets. >> a growing t

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

. >>> more trouble for aldon smith. new at 5:30 p.m. the felony charges she facing and these -- he is facing and these charges have nothing to do with his drunk driving arrest. >> in southern california, flooding shut down a major freway. >> what some firefighters say was tampered with that cost them promotions. >> the bay area weekend, temperatures in the morning will get chilly. how cold it will get at your house. look at them with that u-verse wireless receiver. back in our day, we couldn't just move the tv wherever we wanted. yeah, our birthday entertainment was a mathemagician. because if there's anything that improves magic, it's math. the only thing he taught us was how to subtract kids from a party. ♪ let's get some cake in you. i could go for some cake. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles. rethink possible. . >>> it is a case of corruption and discriminations. a dozen firefighters are suing san francisco because they say their exam scores we

smith, a party that turned into a gun battle. kiet do on what the millionaire football player made everyone do before being allowed in. >> this is aldon smith's six bedroom, 8200 square foot. >> like, pow, pow. yeah. >> no, neighbor sarah was not invited. it was a widely-publicized party, but it was not free. smith's contract is worth $23 million. none theless, he charged $10 for admission and $5 for drinks. party goers started fighting. someone fired a shot into the garage. smith balcony and tried to clear the crowd by firing a.45 caliber hand gun twice into the air. you ducked? >> i did duck. yes, i didn't know what it was, then i kind of figured that it's probably gunshots. >> a gunfight broke out, two people got shot, and smith himself got stabbed. at one point, somebody went into his cloz sxet grabbed one of the rifles and began walking around a party with it, a party if i would with gang members. searched the house and confiscated three illegal assault rifles similar to these. the da's office say ace salt weapons are often

kpix 5 reporter keit do has details on the house party gone bad. >>> reporter: this is aldon smith's six bedroom 8200- square-foot $1.7 million party mansion in the east san jose foothills. last summer, court documents say the alcohol was flowing and the guns were blazing. >> like pow, pow! yeah. >> reporter: no, neighbor sarah was not invited. it was a widely publicized party but it was not free. smith's contract is worth $23 million. nonetheless, he charged $10 for admission and $5 for drinks. party-goers started fighting. someone fired a shot into the garage. smith then went to the balcony and tried to clear the crowd by firing a .45-caliber handgun twice into the air. you ducked? >> i did duck, yes. i didn't know what it was. then i realized, what was that noise? i kind of figured it was gunshots. >> reporter: a gunfight broke out, two people got shot and smith got stabbed. at one point, somebody went into his closet and grabbed one of the assault rifles and began walking around the party with it, a party filled with gang members. santa clara county sheriff's deputies arrived, se

sar ---aldon smithelgador ---aldon smith, el jugador cesar ---aldon smith, el jugador estrella de los "49ers", podria entregarse a las autoridades en cualquier momento take vo ---esta maÑana, la fiscalia del condado de santa clara present cargos contra "smith" por posesin ilegal de un arma larga ---tres armas de asalto le fueron confiscadas en junio del aÑo pasado tras registrarse una balacera en su hogar ---smith, quien se encuentra en rehabilitacion por manejar bajo los efectos del alcohol, podra ser puesto en libertad condicional o pasar poco mas de 4 aÑos en prision si es declarado culpable take vo - blanca ---un hombre del area de la bahia conocido como "el rey de drogas cibernetico" ser enviado a nueva york para enfrentar cargos ---"ross ulbricht" de 29 aÑos de edad, es acusado de operar una pagina de internet a traves de la cual presuntament e vendia drogas ---de acuerdo a la fiscalia, el sospechoso utiliz la pagina escondida de internet llamada "silk road" en el mercado negro, para vender desde heroina de alta calidad hasta marihuana 2 shot cesar ---se acaba el tiempo para

. >>> and aldon smith has more than rehab to worry about. why he's going back to court, next. . >>> felony weapons charges have been filed against the 49ers aldon smith. the 24-year-old line brad and angelinaer was hit with three floib counts of illegal possession of an assault weapon, the charges stemming from a wild party at a san jose home back in june of 2012. smith is on indefinite heave from the 49ers team while he undergoes treatment as a result of his arrest last month for driving under the influence. coach harbaugh was asked today about these new charges. >> we're aware of the the incidents you're referring, to the serious nature of it. we're all accountable for our actions, good and bad. this is a due process, other processes that will take place and i don't feel i need to comment further on it. we were aware of the suggestion that occurred a year and a half ago. yeah, replowing the same ground there. the organization, as i said, i had a statement and they're releasing that, we'll get that in your hands very shortly. i don't have a

aldon smith is on suspcion of driving under the influence. he is accused of crashing his car into a tree. charges. >> pam: happening now. bart and it's unions back at the bargaining table. if no deal is reached - a strike could be just a two days away. the main sticking points remain -- compensation and worker safety. this is a live picture from the caltrans building in oakland. where contract negotiations >> pam: some good news. and some bad news tonight. a deal has been reached on pensions. but -- it now appears now there may be some fracturing in the union. some members -- saying they don't want a deal. and they are ready to walk off the job. we have a reporter there. more on that at six. >> pam: and stay connected with kron-4 on with a bart strike looming. on the new kron-4 app, we have a special seciton dedicated to it. inclduing alternate transportation options -- >> catherine: the agriculture department is threatening to shut down three california poultry plants linked to a salmonella outbreak. two of the foster farms plants are in fre

. >> more trouble this morning for 49ers' linebacker aldon smith . what a new charges he will face following last smith . what a new charges he will face following last month's[ female announcer ] made just a little sweeter... because all these whole grains aren't healthy unless you actually eat them ♪ multigrain cheerios. also available in delicious peanut butter. healthy never tasted so sweet. we'll take something tasty and healthy. ♪ must be the honey! ♪ there's a party going on in your cereal bowl ♪ ♪ o's can help lower cholesterol ♪ ♪ oh why does it taste so great? ♪ ♪ hey! must be the honey! align welcome back. here is a live look from the opening bell. tractor supply co. for an aspect--dow futures are of 133. they are having holds that the deal will be reached in washington. >> this time to month, commuters may be searching for ways to get one of them bart's. workers could walk off the job tonight at midnight. joining us live with the latest in the contract negotiations as kron 4 will tran. >> i talked to them on friday and t

. >>> aldon smith is in hot water. felony weapons charges were filed against him. mark sayre with smith's troubled past and what this means for his future. >> reporter: the 49ers linebacker is charged with three felony counts of illegal possession of an saw. -- of assault weapon. >> weapons like this lend themselves to crime. they lend themselves to killing as many people as fast as possible. >> reporter: santa clara county deputy district attorney says the weapons charges stem from a party at smith's home in june of last year. sheriff's deputies located five firearms of which prosecutors determined three were illegal assault weapons under california law. >> weapons like this are frequently stolen, they're frequently used in crimes, and to possess them in california is a serious offense. >> reporter: last months, smith was arrested and charged with driving under the influence. he apologized before taking an indefinite leave from the team and going into rehabilitation. right now... as police investigat >> reporter: new information as well on that unrelated dui case

. >> a party in 49ers superstar aldon smith's multi-million dollar mansion turns into a gun battle. >> contaminated chicken left on store shelves even after hundreds of californians have gotten sick. >> the usda threatens to withdraw inspectors shutting the plant down if foster farms dom come up with a plan how the company will deal with the salmonella outbreak. >> commuters are tense, torn and at the mercy of a looming bart strike. >> obviously, as a commuter, it's inconvenient. >> our exclusive kpix 5/surveyusa poll finds 75% of bay area adults oppose the strike by union workers. >> how a woman was missing for 17 days in san francisco general hospital? >> there are more questions than answers after the coroner confirms lynne spalding's body was found in the stairway at sf general. from across the bay to around the world, the stories that matter on "kpix 5 news this morning. captions by: caption colorado comments@captioncolorado.com >> your realtime captioner is mrs. linda m. macdonald. >>> five, everyone. good morning. thursday is here. hi. everyone. it's october 10. i'm frank malli

. >>> 49ers aldon smith was illegally possessioning a weapon. he will be arraigned on dui charges and drove into a tree. >>> a delta flight had to make an emergency landing. the flight was 12 hours late. they are all back okay. did you talk too any of them? >> reporter: yes i did. the plane landed. everyone cleared customs. friends and family were waiting to pick them up. the crowd was gathered at the international terminal. steve and his family were waiting for a new addition to the family to arrive. >> my daughter adopted a little girl from an orphanage from tokyo. we didn't know anything until we got here that the plane was diverted. >> reporter: the waiting game was too much to bear, but then the family was together. joy for the new baby in the family. >> then a bunch of flights coming home. i thought maybe they were checking the landing gear. figured they were descending slowly. it didn't feel dangerous. then they were turning north toward alaska. we are safe. >> she is a trooper. it was 8 hours to alaska and 6 hours sitting on the ground.

. >> catherine: 49ers linebacker aldon smith is out of jail after turning himself in last night on a weapons charge. he surrendered last night to the santa clara sheriff's department. he's charged with illegally possessing an assault weapon and was later released on a 75 thousand dollar bond. smith will be arraigned on >> catherine: the weapons charge november 12th. and a week later - he'll be 'back' in court - to be arraigned on d-u-i charges from a september incident when he drove into a tree. >> catherine: san leandro police have arrested two 18-year-olds accused of murdering an oakland man earlier this month. the suspects -- michael breedlove on the right and maurice martin on the left. >> catherine: police say marvin cruz was shot october 21st on east 14th street.and he later died. martin was detained in sacramento. and later turned over to san leandro police. breedlove was arrested at his oakland home. both men are charged with murder. >> reporter: spaulding was a patient at the hospital but disappeared last month and about and that their wealth to and a half weeks later. three

. >> 49ers linebacker aldon smith could go from rehab to jail. prosecutors have charged smith for illegally possessing three assault weapons he purchased in arizona. they charged him with misdemeanor dui after a crash that prompted him to enter rehab and take a leave from the 49ers. >> canadian author alison monroe, a nobel peace prize winner. her stories include dear life and dance of the happy shade. >> 6:15. the head of the treasury is on capitol hill warning lawmakers against defaulting on america's debt. >> he is also trying to defend the social security check. >> one of the ideas is what they call prioritization. if we can't pay every bill pay treasury note holders first, china, and we'll get to social security recipients later. lew says that is a dangerous idea. there he is in the glasses and blue tie. he calls it irresponsible, he says the government really shouldn't try to prioritize what it owes because all debt should be treated equal. strangely, if the u.s. does default it could help social security. admittedly this is a weird silver

. >> we'll tell you about felony charges filed against 49er aldon smith. what coach harbaugh is saying about the chances of smith rejoining the team later this season. >>> time is running out. the usda setting a hard deadline for the foster farm plant linked to the salmonella outbreak. fix it or shut down. >> we have new details around the body found at sf general. what the woman's family is telling us. >> we're waking up with near record low this is morning. we'll tell you how low it's going to go, where you live, but a nice rebound on the way, in the 70s, and the warm-up continue this is weekend. i'll sort it out on your seven-day forecast. >> looking at the volume build for the east shore freeway, a new incident may cause a slowdown. there may be a bus that's got a bunch of people delayed this morning. >> i want to give you a live look outside, that is a wide shot from our san bruno cam as we slowly jump start your morning. we're getting close to the weekend. it's thursday, aka friday eve, october 10th, this is "today in the bay." >>> 5:30 on the nose.

bay area is reporting the 49ers could meet with aldon smith after they return from london. he must show significant progress before he can return this season. >>> cloning could soon cure hair loss. it turns out new hair grew for several weeks. experts are hoping the method would work for woman who cannot get hair transplants. >>> new research shows seniors can stay sharp by learning new things. when seniors learned a higher thinking level skill, they had significant improvement in memory skills. listening to classic music had no noticeable effect on their memory. >> we're back in a moment with a car you can control with your smartphone. that's next. >>> it's a mix of video games, robotics, and iphones and it is about to take off. we got an exclusive first look at the game system created by a san francisco startup that combines robotics with artificial intelligence. you can control your car with your smartphone. not the hot wheels you may have grown up with though. >> you can actually play a game where ever characters you don't control, the artificial intelligence controls t

. >> aldon smith facing felony charges, the accusations he is facing from a violent party. >> and developing news where a armed robber results in a zoo being put on lock down. >> ktvu channel 2 news starts right now with breaking news. >> good evening. >>> hello. i am frank somerville. >> and i am gasia mikaelian. >> we begin with breaking news in san francisco, police are at the scene of a shooting. it just happened within the hour. we have live pictures from news chopper 2. crime tape is up. mission street is blocked to traffic. minutes ago san francisco police said one man was found with gun shot wounds and pronounced dead. at this point police are looking for the shooter. muni service has been effected on mission and the 14l bus is being used for local service. we will bring you more it tails on the -- details on the shooting as we learn them. >>> to developing news where the oakland zoo was locked down for an hour this afternoon. >> it took place as police searched the area. news chopper 2 shows us here. the report of a nearby armed robbery and a possible gunman in the zoo led to the lo

linebacker aldon smith, including three felony charges that may land him in jail were placed on him today. john is a sack i -- sasaki where the coach talked about it today. >> he's facing weapons charges, of the real possibility of jail time. there's a whole range of possible out comes to no time in jail to four years and 4 months in county jail. >> santa clara prosecutors charged him with three assault weapons in california. these are pictures of similar guns, two bushmaster rivals, an armorlite ar 103. two of the weapons her bought before the 49ers played the cardinals in december of 2011. how he got those in california, i don't know. >> they found the guns in smith's bedroom at a party which attracted numerous gang members. >> two people were shot and mr. smith was stabbed. the party was completely out of control. >> and he was allegedly busted last month for a dui. head coach jim harbaugh talked about it. >> we're all accountable for our actions, good and bad. there's due process other other processes that'll take place, and i don't really feel any need to comment further on it at san

. >>> san francisco 49ers linebacker aldon smith is now charged with three felonies in connection with an out-of- control party in the east san jose foothills. it happened last year at smith's six-bedroom, 8200- square-foot home. he forced them to pay to get into his house. some party-goers began fighting and someone fired a shot into the garage. santa clara county prosecutors say that prompted smith to fire shots in the air in an attempt to clear the crowd. >>> i didn't know what it was. what was that noise? i figured was gunshots. >> two people were shot and smith himself was stabbed. smith is currently in a rehabilitation center in connection with drunk driving charges from last month. >>> bart contract talks resume today at noon just 12 hours before the end of the cooling- off period that has kept workers from walking off the job. our kpix 5/surveyusa poll taken last night finds that 75% of bay area adults oppose a strike by the union workers. more than half say state law should ban strikes by transit workers. >> obviously, as a commuter it's inconvenient and it's put a damper on m

. >>> the 49ers' star linebacker aldon smith could be returning to the teen soon. after yesterday's win, jim harbaugh told reporters he might rejoin the team in the next couple of weeks. harbaugh added that he heard things are going well with his treatment. he's being reportedly treated for a substance abuse problem following his second dui arrest a month ago. once out of rehab, he's expected to turn himself into authorities regarding gun charges. >>> the 49ers are in london. they flew their last night from nashville after winning their game against the tennessee titans. this picture was taken by jonathan goodwin and it shows the seating setup. they were greeted by the faithful when the team arrived in london. some of the lucky fans got to meet and pose with patrick willis. they play the jaguars next sunday at london's stadium. and joe fonzi is traveling with the team and will be bringing you stroirs throughout the -- stories throughout the week. stay tuned for complete coverage of the 49ers trip to london. >>> tonight at 5:00 -- we're tracking the ride home on the

aldon smith, the time line he was arrested for drunk driving in miami and six months later he was stabbed at his house. last month arrested for dui in san jose and four days later he entered rehab. >>> we have new information just into our news room about the body found at the stairwell at san francisco general hospital. tonight, the family spokesperson tell us that the san francisco medical examiner confirms it's the body of missing patient lynn spalding. there's no cause of death at this time. a hospital worker did find the body more than two weeks after she disappeared from her hospital room. family members say she may have been confused because of the medication she was taking. >>> new tonight, people in the east bay are rallying around the man struggling to survive. 25-year-old james rodo is at the hospital with a traumatic brain injury. he was hit by a car on 14th street. he began was arrested blocks away from where she hit him. witnesses blocked her car until police arrived. they say she mistook him for someone else. five days later his friends are raising money to help pay for his

. >>> the saga continues for aldon smith. he is a free man again tonight after turning himself in. sheriff's deputies took him in custody last night, but he posted bail almost immediately. the charges stem from a party he threw in the foothills last year. he reportedly met with his coaches and teammates at 49er headquarters. he's been away from the facility following his dui arrest. >>> salmonella and even bugs. straight ahead, the alarming report of what's be being found in spices imported into the united states. >>> and a dramatic step to snuff out smoking. the change in new york city. >>> and new at 11:00. hundreds losing their homes, including this 97 year old woman, why she says she's getting forced out of her home and the city she's lived in since 1937. stay with us. to those who've waited... worried... poked and prodded... taken risks... and lived in a state of "what if?"... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing co

. >>> 49ers star aldon smith set to appear in dort next month. he is facing felony weapons charges along with misdemeanor dui and weapons charges. he is free on bail this morning after turning himself into authorities yesterday. surrendering by the end of this month was part of an agreement smith made with santa clara county d.a. after he was charged with possessing illegal assault weapons earlier this month. the charges stem from a party smith threw at his home in the san jose foothills last year. he reportedly met with the 49ers at the team headquarters in santa clara. he has been away from the team and at a rehab facility since his dui arrest last month. >>> just into our newsroom, the 49ers have announced the first event for their new stadium in event fo(h(sp)a.new stadium in while levi stadium was built for football, it will host a soccer game before one touchdown is even scored. the san jose earthquakes are set to host the seattle sounders on august 2nd. the first 49ers game in the stadium will come later that month. >>> well, bart could so

. >> 49ers line macker aldon smith could go from rehab to jail. prosecutors have charged smith for illegally possessing three assault weapons he purchased in arizona. they chargeded him with a misdemeanor dui after a crash that prompted him to enter rehab and take a leave of absence from the 49ers. the 24-year-old is expected to surrender this month to face charges. he could spend up to four months in prison if convicted. the gun charges were filed against smith after an investigation into a 2012 party at his home in the foothills. during the party smithd was stabbed and two people shot. when asked 49ers head coach would not say whether the all-pro player would play again this season. >> three months after a young oakland girl went missing a special prayer vigil being eld on her second birthday. the family of daphne web not giving up hope she will be found alive. they will hold a special vigil at the intersection of 79th avenue and international boulevard where baby daphne was first reported missing on july 10. tonight's vigil scheduled to start a

without patrick willis in, aldon smith in there, basically tab over the game in st. louis. j.j. watt, i thought played one of the most incredible games of football. statistically it won't show up as being one of those. the guy never takes a play off. he's borderline unblockable. i can't wait to watch him in person. >> al and cris will call the game. now to new york. >> with the birthday boy, tony dungy. how old? >> 5-8. >> dan: headlines from the early games. what do you have for me? >> new orleans saints. get a big win in chicago. go to 5-0. they are the best in the nfc. >> the kansas city chiefs, not believing the hype but showing maturity. >> dan: time for the seven best plays of the day selected by your tweets and our "football night in america" crew. starting with aaron rodgers and the packers. >>> snap to rodgers. good protection. left side. he's got a man open. >> down the sidelines for the packers, into the clear. touchdown!

. >> catherine: troubled 49er linebacker aldon smith is out of jail tonight. after turning himself in on a weapons charge. he surrendered last night to the santa clara sheriff's department. >> catherine: he's charged with illegally possessing assault weapons. and was later released on a 75 thousand dollar bond. smith will be arraigned on the weapons charge november 12th. >> catherine: and a week later - he'll be 'back' in court - to be arraigned on misdemeanor d-u-i charges. they stem from a september incident when he drove into a tree. >> catherine: new u-c president janet napolitano says she's giving five million dollars to help students living illegally in the u-s. >> catherine: she announced the plan today in her first public address since taking over as the head of the university system a month ago. >> catherine: napolitano says the money will give students special counseling and financial aid. she's also giving another ten million dollars to support post-doctoral and graduate students. .i was his >> catherine: ahead at eight. a grieving widow talks about

. >> pam: more bad news for the 49ers aldon smith. smith - who is currently away from the team in rehab - has now been hit with three felony weapons charges for possession of an assault weapon these charges stemming from a party at smith's house in june of last year in which of the party - allegedly partygoers (male announcer): now, the orchard supply sports report with gary radnich. >> gary: smith the latest from the team he has of course taking a step away from the team being and rehab. charges stemming from a party as smith's house in june of last year in which allegedly shooting one of the party course. partygoers'. >> gary: the santa clara county da's office expects smith to surrender later this month here's what his coach had to say >> gary: if convicted smith faces up to four years in jail he also faces suspension from the nfl for violating the substance abuse policy stemming from his second dui arrest >> gary: 49ers cornerback tremaine brock was named the nfc defensive player of the week >> gary: schaub early in the niners 34-

>>james: felony weapons charges have been filed against the 49ers aldon smith. the 24 year-old linebacker was hit with three felony counts of illegal possession of an assault weapon. the charges stemming from a wild party at smith's san jose home back in june of 2012. he is expected to surrender later this month. smith is on indefinitely from the team while undergoing treatment as a result of his arrest last month for driving under the influence. coach jim harbaugh was asked about the latest charges before practice yesterday in santa clara. >>: we are all accountable for actions good and bad so there is a process a due process and other processes that will take place and i don't feel i need to comment further on that. i think it's pretty clear that we are aware of the situation that occurred two summers ago stow with all the same ground our position as i said has a statement and they are releasing that permit if not we would get that in your hands very shortly have any further comment on it. >>james: in a statement 49ers organize asian says the team is aware of

. >>> san francisco 49er linebacker, aldon smith is free on bail tonight after surrendering to authorities on weapons charges. smith posted $75,000 bail and was released. he faces three felony charges. he also faces misdemeanor drunken driving charges for a separate incident last month. smith had been seeking treatment at a rehab center, and it's still not known if he'll return to the team this year. >>> an ex-boyfriend who accused former 49er and raider lineman quinn harris of assault is now refusing to testify against him. however, san mateo county prosecutors say that doesn't mean the domestic violence case will be dismissed. opening arguments could begins a soon as next wednesday. >>> a charity organization dedicated to helping people who are down on their luck is in need of some help of its own tonight after burglars broke into their new building and stole construction equipment. >> reporter: work on revamping this old furniture building continued today, but at a slower pace. >> for this to happen, it's like robbing a homeless person. >> the doors were locked, everything was secured.

aldon smith is out on bail after turning himself in to face felony weapons charges. he was released on $75,000 bail after surrendering. the charges came after illega y assault weapons were found and investigators were investigating a stabbing. he was on leave after an accident and dui arrest last month and expected back in court in november. >>> late today a jury convicted a teenager of attempted murder and stealing the lamborghini of guy fiarri. the jury decided 19-year-old max wade stole the $200,000 car in 2011 to impress a girl. he himself testified on pomonda as we reported, he could face 30 years in prison when sentenced in december. >>> while students at a san jose school got a tough lesson on crime over the weekend a thief broke into the technology room and made off with 31 new ipads and charging stations. it's hard because the school held fundraising events for two years to buy the stuff. many families don't have computers at home. >> i feel terrible because we spent last year fundraising for it. >> it's really dif staevastatin the entire community that we l

the 49ers are in london but they are still without aldon smith. however, he could join the team after they return from london. after yesterday's big win over the titans, jim harbaugh said smith might rejoin the team in two weeks. he's being treated for a reported substance abuse problem following his second dui arrest a month ago. however once out of rehab, still has to deal with gun charges. >>> the bay area had an earthquake during the overnight hours. the magnitude 3 earthquake rattled contra costa county overnight. it hit after 1:30 this morning and was centered two miles south of blackhawk near danville. there were no reports of any damage. few earthquake faults, though, in california have been mapped in the past two decades. that could put some homeowners at risk. the los angeles times reports openly -- only 23 maps have been drawn since 1991 despite an effort launched in the 1970s to study the state's faultlines. no maps were made between 2004 and 2011 due to budget cuts. >>> a public hearing about a possible a.c. transit strike. management

you know what i mean >>darya: we got the news on aldon smith and the chargers now for its and again i know you listen to every word that jim hall says. he basically said the field has been plowed. which is called for a don't ask me again i say in anything again current >>gary: of all the coaches he's a definitely the biggest ever. >>darya: so basically we don't know with the charges that are against him is if he will ever come back to the 49ers. of to 4 1/2 years in prison if he's convicted. >>gary: i can't imagine how he. but this is one of those stories that we can make comments but this legal stuff is better at to just say hopefully this guy gets the help he needs and judicial system come to another break and we'll see what happens. >>darya: that was it a 49ers face the cardinals this weekend. female announcer: female announcer: through columbus day, at sleep train's inventory clearance sale, get three years interest-free financing on tempur-pedic. save 10, 20, even 35% on a huge selection of simmons and sealy clearance mattresses. even get free delivery! don't miss three years int

. >>> san francisco 49er linebacker, aldon smith is free on bail tonight after surrendering to authorities on weapons charges. smith posted $75,000 bail and was released. he faces three felony charges. he also faces misdemeanor drunken driving charges for a separate incident last month. smith had been seeking treatment at a rehab center, and it's still not known if he'll return to the team this year. >>> an ex-boyfriend who accused former 49er and raider lineman quinn harris of assault is now refusing to testify against him. however, san mateo county prosecutors say that doesn't mean the domestic violence case will be dismissed. opening arguments could begins a soon as next wednesday. >>> a charity organization dedicated to helping people who are down on their luck is in need of some help of its own tonight after burglars broke into their new building and stole construction equipment. >> reporter: work on revamping this old furniture building continued today, but at a slower pace. >> for this to happen, it's like robbing a homeless person. >> the doors were locked, everything was secured.

. >>> last month, aldon smith was arrested on dui. two days laterrer, he took a voluntary leave of absence to undergo treatment at a rehab facility. he faces three felonies of illegal possession of an assault weaponing stemming from a party at his home. the 9ers hope he will benefit from the help he receives at rehab. >>> new research from stanford suggests a link from a chemical used in food. bp is used in many plastics and food lining. now a study shows high levels of bp could increase the chances of a miscarriage in women prone to miss carriages or for those having trouble getting pregnant. bp can have hormone-like effects. experts say the study does not prove a link. >>> power has been fully restored to all buildings at uc berkeley following an explosion that damaged underground power lines. 11 buildings were unable to connect to the power grid after last month's explosion near california hall. most buildings were able to connect to portable generators until the repairs were finished. one student was hospitalized in the explosion

vic is once again sidelined after reinjuring his hamstring. 49ers defensive end aldon smith checked out of rehab and one of his first stops was the santa clara sheriff's office to turn himself in on weapons charges. he was released on $75,000 bail then went to 49er headquarters where he met with jim harbaugh. no speculation on his return to the field. >> teammates enjoying their week off after 7 days in london. san francisco righted the ship after a 1-2 start. they won five straight. but none of those five teams has a winning record. they are just 12-26 combined. >> this is very mathematical beyond the subtraction, multiplication, long division, decimals and algebra calculus there. yeah. sorry. history is my better subject. ha ha! >> patriots quarterback tom brady hasn't been his usual self this season. could it be as simple as he needs to find some courage? brady dressed up as the lion from the "wizard of oz" while his wife giselle went as dorothy. it wasn't his first time putting on the costume. >> it was the cowardly lion in our elementary school play. so drawing back on past experie

and with the knowledge that mario manningham, michael crabtree and perhaps aldon smith, yes, could be back in the not so distant future. they defeated the jaguars 42-10 in london. and have won five games in a row. san francisco scored over 30 points in each of those five wins, and now they get a much needed bye week. and the time off couldn't come at a better time. >> well needed, man. i mean, these guys don't complain. you know, every single week, whatever the coaches ask us to do, we do it. the coach given us a generous opportunity for giving us seven days off. we're going to take advantage of it, not party too much but get rest. >> we have room for improvement. we played well. we can eliminate mistakes and get better. we're going to take this bye week, rest up and get better and come back ready for week nine. >> guys just rest their bodies a little bit and get ready for the stretch ahead of us. it doesn't get any easier at all, but this week will be good for everybody to just get your bodies back in and get ready for what's ahead. >>> terrelle pryor can run. he proved that with the

troubled 49ers linebacker aldon smith is out of jail after turning himself in on a weapons charge. he surrendered tuesday night to the santa clara sheriff's department. he's charged with illegally possessing assault weapons and was later released on $75,000 bond. smith will be arraigned on a weapons charge november 12th. and a week later he'll be back in court to be arraigned on misdemeanor d u e-50 why charges. they stem from a september incident when he drove into a tree. 415 as the time. the white house is in the halloween spirit. check out what the president's travel pool saudia--wednesday night after their return to washington from boston. lots of orange lights, goblins, goals and other goals. hopefully no one will get caught in that giant spider web on the lawn when triggered traders arrive thursday. --gouls. hopefully no one will get caught in-- some local children in military kids will be treated to first family festivities on halloween night. if you have any plans with the kids in family tonight. let's find what the weather will be for you. the morning erica. >>erica: we a

smith could face up to four years in prison if convicted on all of these weapons counts. we made a call to his attorney on this case today. at this point we have not received a reply. >> thank you, mark. >>> we have some breaking news where police are responding to a deadly shooting in san francisco. from chopper 5, you're looking at the excelsior neighborhood. calls came in of a shooting at mission and brazil avenues about 4:15, 45 minutes ago. several blocks of mission have been shut down. emergency crews are there. police and ambulances. right now, we have no information on suspects. we'll bring you more information as we get it. >>> details about a body found in the stairwell at san francisco general hospital. officials announced today it is that of lynne spalding who went missing from the hospital almost three weeks ago. now her family is asking, how could she disappear and die on hospital grounds without anyone noticing? kpix 5 reporter ryan takeo on a little used stairwell at the center of a very strange hospital tragedy. >>> reporter: >> this is a nightmare. >> re

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