that can help lower cholesterol and who ordered the yummy cereal? yummy. that's yours. lower cholesterol. lower cholesterol. i'm yummy. lower cholesterol. i got that wrong didn't i? [ male announcer ] want great taste? honey nut cheerios. want whole grain oats that can help lower cholesterol? honey nut cheerios. it's a win win. good? [ crunching, sipping ] be happy. be healthy. can i try yours? mus start, a south bayhot dog vendor is busted by the feds before dealing dogs, dope and weapons. good evening, everyone. >> in court in the morning, back on the job this afternoon. the feds say the hot dog vendor had backup. tonight, both men are facing charges, but the feds say neither will relish them.

george kiriyama is new with the story tonight at 11:00. >> reporter: hot dog, tamales and instead of mustard and relish, how about a side of meth and a machine gun? that's what agents say were sold to them over a 4 1/2 month period. jose ortiz says that's not true. >> no, no. it's a lie. no drugs. >> reporter: ortiz and castillo were arraigned on thursday for selling firearms and drugs to undercover agents. he admits selling nine guns to the agent at another location, but not from the hot dog stand. >> translator: not here. not in front of everyone. it was somewhere else and that's it. he never sold no guns or drugs here. >> reporter: prosecutors say ortiz is in more trouble because ortiz has previous convictions. that make it illegal for him to have guns in the first place.

ortiz says he's not a convicted felon. >> translator: i don't know. i don't know what they're accusing him of. he's a nice guy, just to let you know. >> reporter: prosecutors say they sold a shotgun, rifle, pistols, even an ak-47 to the undercover agents. both were arrested in early september at the hot dog stand. >> they're accusing him of like something that he really like, you know, it's not true. >> reporter: while ortiz is released on bail, castillo was ordered detand. both appear before a federal judge and will appear in court in november. in san jose, george kiriyama, nbc bay area news. desperate times call for desperate measures. tonight, a rare look at how burglars in the bay area are rising to the challenge. the new tools of the trade, guns, knives and jackhammers. cheryl hurd is live in oakland

to show us why the bad guys will stop at nothing to get their hands on what they're after. cheryl? >> reporter: an unusual break-in here at the theeuater in oakland. the thieves came for cash but left with candy bars. >> they came into the office, you know, they got in through this door. >> reporter: and behind this door was a safe. a safe manager greg espinoza says even james bond would have trouble breaking into. >> it's just astonishing. they brought power tools, everything, jackhammers, hand powered saw, and lord knows what else. >> reporter: the thieves broke into the theater about 3:00 sunday this morning. there was no way they could crack the code, so they went to work. >> they even tried cutting through the lid with a power saw. i mean, look at this. there was no way in hell they were getting through here. >> reporter: so the burglars resorted to ransacking the

theater, looking for something else to steal. this surveillance video shows them backing up their suv and loading up boxes of candy. >> once they realized they were getting into the safe, they probably got frustrated and started looking around for other stuff to grab. the investigator did get something. a similar probably in san francisco on friday at a theater. >> reporter: a store owner down the street says someone broke into his business and got away with a number of computers. espinoza says this shows thieves are getting desperate. >> we're just hoping that it's not going to happen again. >> reporter: now, there was a lot of money inside that safe, but the owner would not disclose just how much. meanwhile, the san francisco police department, along with the oakland police department, are working together to see if one group is involved in the break-ins. live in oakland, cheryl hurd, nbc bay area news.

>> thank you, cheryl. a peeping tom in the laid y lady's locker room? an employee was arrested for reportedly peeping on women in the locker room. police say two san francisco ladies, ages 20 and 21 were in the locker room around midnight when they saw a man hiding, looking at them. the man is identified as 28-year-old jose cabrera. he was booked on suspicion of misdemeanor peeping. the city has a new police chief tonight. the mayor swore in assistant chief howard jordan this afternoon, appointing him as interim chief. the move comes two days after anthony bats resigned suddenly after he felt he didn't have the power he needed to run the department effectively. jordan says he understands the challenges before him and is ready. >> as the interim chief, i

intend to make solid decisions. the term "interim" will not apply to my decisions. i will make decisions as though i am the chief. so i intend to lead in that direction. >> he's ready to move forward probably in a way almost no one else is ready. >> reporter: this is a position jordan is familiar with. he served as interim chief in 2009, leading the department through the loss of four police officers. however, he was passed over when the permanent post was given to bets. occupying more and more bay area cities. >> what's this about? >> occupy san francisco demonstrators were out today, protesting the selling of what they say is public education. the demonstrators against former florida governor jeb bush and rupert murdoch who are at the hotel.

in oakland, it was more like a concert than a protest with some 100 tents covering the lawn in front of city hall. demonstrators there continue to camp out. and richmond's protest kicked off this afternoon. it could last through the weekend if occupiers there decide to camp out, as well. what really happened at a 2007 college party? tomorrow, we're expected to get official word about the case and the alleged rape that rocked the college. when jeff rosen took over as district attorney this year, he promised a fresh review of the case, which was never criminally prosecuted. rosen is announcing his findings tomorrow morning. the then 17-year-old girl at the center of the case filed and lost a civil suit against several former players earlier this year. we will immediately post the findings tomorrow online at nbcbayarea.com and have a full

report on nbc bay area news at 5:00 and 6:00. a city known for its feel good viable and tolerance is apparently home to hate. white supremist groups operating inside san francisco. the city's d.a. says they're organized and dangerous. and the recent conviction of three skinheads who attacked a man in the tender loin is proof of their presence. jean elle is live with more on the effort to get that hate off the streets. jean? >> reporter: jessica, people do feel safe to be themselves here in san francisco, but the district attorney's office says members of the lgbt community and imgrants are often victims of hate crimes and tonight, officials are joining forces to try and stop it. >> he just threw a punch at one of our friends and it was just a big group of people getting into a physical altercation. that's when my friend ray was just on the floor getting kicked in the head by several people. >> reporter: he and his friends were attacked in the castro

during a gay pride weekend. >> i just knew that i was being attacked. it doesn't matter if it's because oil gay. >> reporter: but the motive matters to local and federal law enforcement. at a community meeting in the castro tonight, top cops made it clear they are aggressively prosecuting hate crimes, and it isn't always easy. the district attorney says a jury found two white men guilty of assaulting two latino men, but didn't support a hate crime enhancement. >> it was disappointing, but i think the jury did their job. >> reporter: george says the men are white supremacists. witnesses say they shouted racial slurs while kicking the men on the street in the tender loin. he says the city known for tolerance is home to a violent group. >> we have good evidence that there is organized white supremist activity in the city. we have three active groups, we have 40 to 50 people documented white supremists and 150 associates. >> reporter: police say immigrants and members of the

lbgt community are most often the target. >> it's important that the violence is not an acceptable element of living gay. it's just not acceptable. no more violence. >> reporter: he's hoping victims will reach out to get hate off the street. the district attorney's office says only 1 in 20 hate crimes are reported. many immigrants aren't even aware that they're victims of hate crimes because they may not understand english. investigators say it's important for witnesses to come forward and report those crimes and help prosecute them. jean elle, nbc bay area news. >> thank you, jean. just hours before the newest iphone goes on sale, fans are lining up outside apple stores eager to get the latest smartphone. you can see here is a live look from palo alto. people are sitting out there waiting for the phone. we'll have a live report, next. and the harry potter star

arrested for planning to blow up a city with a homemade bomb. and just announced, president obama is coming back to the bay area. good evening. i'm chief meteorologist jeff ranieri. temperatures about 20 degrees above average. looking stellar here tonight as our numbers were in the low to mid 80s from san jose to san francisco. a few temperatures close to 90. we'll let you know about tomorrow and how hot is going to get. [ lisping ] i lost my front tooth the other day,

which would be great... if i was seven. i'm forty-six. and the tooth fairy doesn't come when you're forty-six. just lots of referrals and appointments and bills that costs tons. maybe i'll keep it... it adds character... right? [ male announcer ] we know life can be unpredictable. that's why we offer affordable health coverage and dental plans. blue shield.

the victims of a deadly shooting spree in southern california are membered, while the gunmen sits in jail awaiting charges. a prayer service followed by a candlelight vigil was held in seal beach. friends and family of the victims gathered in front of the salon meritage where accused gunman scott dekraai opened fire on eight people. reports say the suspect and his ex-wife, michelle fournier, were in a child custody dispute. "the l.a. times" reports the sole survivor with a 73-year-old woman, listed in critical condition but showing signs of

improvment. a new anti-abortion funding bill is an assault on women's health, that's the take of nancy pelosi. earlier today, the u.s. house passed a bill known as the protect life act. if it passes in the senate, the legislation would amend the new health care law to pro-vent federal money from being used to pay for health insurance plans that cover abortion. pelosi addressed the media before today's house vote. >> i can't even describe to you the logic of what it is that they are doing. i just know that you'll see a large number of women on the floor today fighting for women's health issues, as well as to point out how savage this is about withholding care for a woman because of this legislation. >> pelosi went on to say

congress should. be concentrating on that type of law but should instead be considering the american jobs act. president obama meanwhile will be back in the bay area for a fund-raiser in a few weeks. he'll arrive october 25, one month after he raised $5 million here for his re-election and the democratic national convention. this will the president's third visit to the bay area in six months. the white house says the event will take place in a downtown san francisco hotel and that it will be capped at 200 people with a minimum donation of $7,500 a ticket. larger contributions will earn photographs with the president. a former ceo convicted of securities fraud last year will not go free. his conviction was upheld by a federal appeals court. gregory reyes was head of a communications firm and former part owner of the san jose sharks. he was found guilty of back dating stock options to employees. back dating is not illegal

unless it is not disclosed as a company expense. a judge sentenced him to 18 months in prison. he's scheduled to be released at the end of this year. the actor who played drake in six harry potter movies have been charged with possessing a bomb. police say he carried a molotov cocktail into a drugstore back in august. officers arrested him. during the course of the investigation, police say they found 50 pot plants in his home. the actor was arrested and released on bail. he'll be back in court in november. iphone mania has hit the bay area once again. in just a few moments, apple will begin selling the iphone 4-s, the latest in its latest. the buzz around the latest iphone has become a worldwide phenomena.

in sidney, australia, customers were lined up around the block as they waited until the store opened. the company received more than 1 million online preorders for the iphone 4-s. george kiriyama is in palo alto tonight where he's hanging out with a group of people waiting anxiously for apple to open their doors. hi, george. >> reporter: that sounded crazy from sidney, australia. the line here is getting longer. take a look. you can see the line forming there. the line starts right on the corner and extending for more than a block down kipling. some have been waiting for hours, no surprise. some are expecting -- one analyst says he's expecting 4 million iphone units to be sold this weekend. many fans lining up for one of the last products created by steve jobs. the device is expected to

outperform its predecessor in the first weekend. apple co-founder steve wozniak is actually standing in line. he wants to buy his wife the 4-s. he's already preordered two phones that will be delivered to his home tomorrow. now, we caught up with one guy here at the palo alto store who drove up from orange county from southern california to sit in line overnight. >> i could have had my iphone 4-s delivered to my front door. but instead i decided to pay my respects to the grand visionary. >> reporter: many have stopped by tonight to take pictures of the hundreds of post-it notes with sympathy messages for steve jobs placed on the front windows of the apple store. but the iphone 4-s is the big news this weekend as fans, they can't seem to get their hands on it and they will in several

hours. george kiriyama, nbc bay area news. >> and that memorial for steve jobs growing there. >> that is so cool. it almost looks like a mosaic instead of post-its. let's turn things over to jeff ranieri. it was warm today. what can we expect tomorrow? >> even hotter. i was going to bring my iphone out to show you how in need of repair it is. so hopefully i can get out there tomorrow and maybe get me an iphone. today we had 88 in livermore. close to 90 in santa rosa. but just not there quite yet today. it is still mild in san francisco. fog-free conditions right now. 70 degrees and from another reporting station in downtown san francisco, 75. this is warmer than where we should be for our daytime highs in and throughout the city by the way. cooling off a little bit there in livermore with 65. and 64 currently in santa cruz. let's get to the weather

headlines. tomorrow morning, the fog will be well back at the coastline and it's going to be mild. so maybe a beach day on friday. also, right back up against the coastline and eventually in my seven-day forecast, we have cooling coming. satellite radar, it is clear here from san francisco down to los angeles and well offshore. at least a couple hundred miles. we do have the cloud cover. let's take you to it. it stretches over a thousand miles. there's a lot of cold air, a lot of rain. but high pressure that's been producing the heat has been shielding us from getting that activity. slowly and surely here we are going to see that system win out as we head throughout at least sunday and monday to help to drop our temperatures. tomorrow, 80 degree temperatures inland. for the weekend, that cooling breeze will arrive and start to drop our temperatures. for tomorrow, it's a clear start for us. by 6:00 p.m., we look at that fog starting to build here up against the coastline and for our east bay and south bay

communities. so the clouds start to get reintroduced tomorrow night. but still a warm day for us. low to mid 60s for tonight. somef the warmest weather expected throughout the peninsula. again, those numbers tomorrow morning when you wake up are where we should be for daytime highs this time of the year. 86 in san jose for friday. 86 in palo alto. santa mayo into turn san francisco, 83. 88 in concord. 86 in the napa valley. and for sonoma, upper 80s as well as santa rosa. bodega bay, 70 degrees. morning time on the weather channel on cable, and you can see in our seven-day forecast, we have the 80s inland friday and saturday. the sea breeze starts to come back and by monday, tuesday and wednesday we'll get back into the 70s and also 60s at the coastline. so i'm calling tomorrow

officially a beach day. >> oh, yeah. >> and it's so nice if you're not out getting the apple iphone. >> i have plans to do both. i'm going to be off actually. >> just for this? oh, my goodness, jeff. you're very dedicated. >> i'm hard core. coming up, cruel cutbacks. what one airline wants to eliminate from its plane. back in a moment.

[people chatting] everyone, it's $37 a piece. paying with your smart phone instead of cash. that's a step forward. with chase person-to-person quickpay, you can send money directly to your friend's checking account. all you need is their email address or mobile number. don't worry honey, i'll show you. thanks everyone. so take a step forward... and chase what matters.

it's that time of year again.

flu shots. turns out the new shot has the exact same three strains as last year. it's including protection against h1n1. doctors say it doesn't mean you should skip your flu shot this season because it's the same. >> it is important for people who got vaccinated last year get vaccinated again because it doesn't last that long. so they need another dose this year. >> it turns out the vaccine only offers full protection from the flu for six months. >> let's turn things over to henry wofford to see what's coming up in sports. >> gorgeous night for football in san francisco. and you know what? there is a good game going on at at&t park. cal bears against the usc trojans. last october, giants took advantage of playing in october. could the bears get some home cooking going tonight? we'll be right back with these great highlights. [ male announcer ] at the safeway pharmacy you can get a flu shot

with no hassle at all. i don't even need an appointment.

[ male announcer ] it's about as easy as flu shots get. get your groceries and a flu shot, all in one trip. at safeway. [ female announcer ] new ultimate cheeseburger macaroni hamburger helper. our cheesiest macaroni flavor. helpers. forty dishes, all delicious. gives us the most nutritious of gifts. but only when they are ready to be given.

that's why we pick vegetables at their peak. ...and freeze them fast, locking in nutrients ...for you to unwrap. ♪ ho, ho, ho. green giant and you'll get a bonus. you get 10% off your groceries. [ male announcer ] save 10% on your groceries when you get a flu shot. that should make you feel better already. safeway. ingredients for life. welcome back to nbc bay area. i'm henry wofford. cal and usc weren't thinking about hitting the books tonight. but their football teams were willing to do the hitting on the

field. we had football under the lights at at&t park. yes, usc in town. 3-0 early on in this game. mid second quarter, matt barkley looking for marquis lee. this guy is athletic. touchdown! injured his shoulder on that play, did not return. late first half, first and goal for the bears. zach maynard, picked off in the end zone. 20-0, trojans at the half. late fourth now, 23-9, usc. second and four, maynard intercepted again. bears turn over the ball five times. they lose 30-9 is the final. >> i think the morale of the team is they care about each other, they believe in one another and they're going to continue to work and continue to compete. that's my true assessment of where their mindset is. of course are they disappointed? no question. is the morale down right now?

it's okay to be disappointed but not be discouraged. >> over to the diamond. the best in baseball are trying to knock the cover off the ball to earn a ticket to the world series. brewers and cardinals, game four. top of the fourth, one on for betancourt. single up the middle. this will bring in jerry hairston, jr., to tie it at 2-2. in the top of the fifth, ryan braun singles past the shortstop. san francisco native nyjer morgan scores. brewers win 4-2. that series is tied at 2-26789 alcs, game five from detroit, tied at 2-2. miguel cabrera, chopper down the third baseline, takes a tigers' bounce. rayburn scores. it's 3-2. two batters later, delmon young, two-run shot, caps a four-run

inning that saw the tigers hit for the cycle in that inning. detroit wins 7-5. that's all we'll have. plenty more coming up tomorrow. jessica and janell, we'll take a quick break and be right back. beth! hi. looking good! you've lost some weight. thanks! you noticed! you know these clothes are too big now, so i'm donating them. not going back there again. good for you! how'd you do it?

eating right, whole grain. whole grain? whole grain. [ femalennouncer ] people who choose more whole grain tend to weigh less than those who don't... multigrain cheerios has five whole grains and 110 lightly sweetened calories per serving... more grains. less you! multigrain cheerios. ...with night and day doorbusters this friday and saturday. save 60% off coats for her and him. 50% off the hottest boots. 50% off the latest dresses. and 60% off sheets and towels.

plus, with jcpcash, get $10 off when you spend just 25. no exclusions! unlike other stores, we don't make you come back to save. the savings don't get bigger than this! go to jcp.com to see everything on sale. we make style affordable. you make it yours. jcpenney.

it's a controversial cost cutting plan. one toilet for almost 200 passengers. ryanair is a low-cost european airline and does short hauls but is planning to get rid of two bathrooms leaving only one restroom for the entire plane. the airline wants to use the space for six extra seats. the ceo says the move would lower airfare for passengers by about 5%. critics say the airline is taking it too far in an attempt to cut costs. really, they just want to make more money, not save you 5%. >> have a good night, folks. >> announcer: it's "the tonight show featuring rickey minor tonight, jay welcomes --