i'm an iraq war vet. i did two tours in iraq. >> our cameras were rolling late thursday night when this war veteran was taken into custody. but it's what happened off camera and moments later that is now the focus of a police investigation. good evening. i'm jessica a . >> it has happened again. for the second time, a united

states war veteran is seriously injured in the melee. his friends say he wasn't even protesting. tonight, we have the video from that night and the confrontation. new at 11:00, nbc bay area's cheryl herd joins us from oakland with the rest of this story. >> reporter: good evening. oakland police tell me tonight that they are looking into the situation. but as you know, we have been covering the ocpay protests for going on three weeks now, and we just happened to see an arrest that is now controversial. our cameras were rolling when the man was arrested late wednesday night in downtown oakland. >> i'm an iraq war vet. i did two tours in iraq. i had two tours in iraq. >> reporter: he is now recovering from injuries in a highland hospital bed. his family and friends say he was beaten by police. >> i am upset to see my friend have to go through anything. he served his country.

he is a local business owner. he's a good person. >> and that's why he and his friends are in shock. he's the co-owner of an el cerrito pub. he was walking near the occupy protests when he came face to face with a wall of police. >> he told the cops they shouldn't treat people -- why your doing this to an american citizen. >> i don't think any american citizen deserves to be treated or have their -- be assaulted by speaking their mind. >> reporter: he isn't the only war veteran who is making headlined for being hurt during occupy protests. scott olsen suffered a fractured skull last tuesday when police crashed with crowds. just last night the police chief howard injuredan expressed regret over olsen's injury. >> our officers were pelted with rocks and bottles. it made it very difficult for us to accomplish our mission.

there were three officers that were injured. and roughly five demonstrators who are also injured. >> reporter: now late tonight, the oakland police department released this samt. it says the oakland police department is conducting an investigation regarding the kayvan sabeghi and the circumstances of his arrest on november 3rd. this case, as are all reported or alleged instances of force is under investigation. police went on to say if you have any information that could help them get to the bottom of this, contact the oakland police department. reporting live, i'm cheryl herd. the 99% are blowing through oakland city money. the price tag so far, not including this last week of protests, stands at over a million dollars. 700,000 of that is for oakland police staff. 29 -- almost 29,000 for other staffing costs. hard costs for glass

replacement, security enhancement and public works costs, so far, $265,000. now it turns out oakland pd gave the okay to let the drivers seen in this cell phone video go wednesday night. that's the word from b.a.r.t. after witness lodged a complaint against the transit agency and his officers on the scene. b.a.r.t. officers initially did respond, called to the scene by a woman who witnessed the accident. tonight, however, b.a.r.t. issued a statement saying its officers were instructed by the opd to get personal information from the driver and then to release him. a move that angered demonstrators. the oakland police department says it is investigating the accident and the police response. well, occupiers at the plaza and other camp sites across the country say they want the 1% to spread the wealth. and they say they have plenty of ideas of how to do it. but would any of those actually work. nbc bay area's jean elle is live where she went to ask the

experts that very question. >> reporter: experts say protesters at occupy camps like this one are raising awareness about a broken economic system. they also say many of the ideas coming from occupy about how to fix the system are not the solution. the occupy movement is standing up against the growing gap between the haves and the have notes. >> top economists have been looking at and measuring and looking at for a long time. but now they've really brought it more to the fore. >> reporter: uc berkeley professor says protests are turning an academic issue into everyday conversation across the country. so what if lawmakers dook their advice? would americans see improved health care, more jobs and better education? let's start with taxing the 1%. wilcox says it's not enough. instead, a tax hike for everyone would help reduce the deficit and improve services. >> and also t also will provide us with some of the funds we could use to help maintain the

infrastructure, improve our roads, bridges and schools. >> how about ending the north american free trade agreement? >> ending nafta would actually make for less trade by everybody, and we'd all be worse off. >> reporter: prosecuting bad bankers will help weed out swindlers, but won't improve the economy. and he believes banks aren't lending because the economy is recovering slowly. >> it is true at this point they have plenty of funds to lend out. but given how weak our economy is, given how soft sales are, given how tough it is for businessmen these days, they are having a really tough time finding really good borrowers. >> reporter: the income gap occupy is protesting won't budge without more jobs. >> we need more people working to go buy more things. and if the administration can get a job to spill through. >> occupy is a sign of the times. and experts say it will take time to reverse the growing income gap. they also say one way we can all

participate in this conversation is to vote. reporting live in san francisco, jean elle, nbc bay area news. it's been a tense night for some bay area teens who were exposed to dangerous diesel fumes on their school bus. a bus from woodside high in redwood city began leaking fuel just after 7:30 this evening while driving south on 680 near pleasant hills. the school group was returning from a river rafting trip to uba city. firefighters with contra costa county responded to the scene. they say diesel fuel leaked through the floor boards of the bus and began irritating the feet of some of the 38 passengers on board. at least 11 students are being treated at nearby hospitals. some of them were not wearing shoes at the time exposing their skin to the fuel. a full investigation is under way to determine the cause of the sudden diesel leak. a good chance you have adjusted your heater or added an extra blanket tonight. winter has arrived a little early. bundle up for a cold weekend. the jackets are out all acr.tso

san francisco. people enjoying a fresh fall evening. and a live look now in san jose. temperatures in the south bay hovering in the 40s. if you think that's chilly, you ain't seen nothing yet. jeff ranieri is live in our weather center. what's the coldest spot in the bay area? >> some of those coldest temperatures in the north bay, ras it's kind of refreshing, isn't it? yeah, right. you'll need a lot of layers as you head out through toght. let's bring you into the coldest that ise. petaluma at 38 degree. we'll likely see record-setting temperatures. also this frost advisory for all of napa and also sonoma counties where tempetures will range from 28 wo 35 degrees as we head into tomorrow morning, including manta ro,sa also down to, tatand a napa and sonoma edinndudcl in the frost advisor for tomorrow morning whereud temperatures will get very, very cle to the 20s. this also extends down into novato and san rafael.

it's going to be warmer there with some mid to upper 30s. we'll have details on this developingngm.orm. and we hewe changes on the time line. and i'll have that in just a few minutes. >> thank you, jeff. the saga surrounding solyndra is intensifying in washington. the white house has rejected a subpoena from house republicans seeking more documents connected to the now defunct solar panel manufacturer. a party line vote by the house energy panel resulted in the subpoena for all communication related to solyndra's $528 million federal loan and the ensuing bankruptcy. white house council kathy rumler says the office has already turned over 85,000 pages on documents related to solyndra. the solar tech company laid off 1100 workers after receiving that federal stimulus money. well, she is taking her pain and suffering and using it to help others. kidnapping victim jas jaycee dugard is breaking her silence and urging all of us to act and

not allow what happened to her to happen to anyone else. >> hey, this is jaycee dugard. just ask yourself to care. if you see something that looks wrong or amiss, speak out. >> dugard established her foundation last year to support families who have suffered an abduction or another trauma. dugard became a household name after the arrest of her kidnappers, philip and nancy garrido who held her captive in their backyard for 18 years. just ahead, talk about performing under pressure. take a listen. that's a big rush. you may not know these south bay faces by name but they about to hit the big time. the big honor that will put them and the bay area in the national spotlight. >> you get to escape all the things you don't like and create what you want. >> plus, imagine a floating nation off the coast of san francisco. free from government regulation. how a community at sea could spur political change on land.

lost and now found. of all places in the garage. it's steve jobs the movie. a sneak peek next. and we talked about the cold. what about the daytime highs? today, temperatures in the mid-50s. not only at the coastline but also in the south bay. san jose officially 58 degrees. and as we head throughout tonight, of course, it's going to be very chilly with temperatures dropping into the upper 30s and low 40s throughout the bay. also details on the weekend rain and when that arrivein just a minute. he

not sure they'll have 76 trombones, but a south bay marching band is about to enjoy a once in a lifetime experience. they are going big time, performing at the macy's thanksgiving parade. they are the only west coast band playing in the big apple. george kiriyama spent some time with the musicians. >> now entering the field, the mighty mustang marching band and color guard. >> we're definitely focused. we're in the zone. >> reporter: in less than three weeks, the homestead high school marching band will be playing on

a different field. in front of the biggest audience in one of america's biggest parades. the macy's thanksgiving day parade. >> the pressure is on. the pressure is on. we have a lot of work to do, but the band is looking good. it's going toward what we want. >> i'm a little nervous. but i think really the one thing the band stresses is we're a family so we're going up there together and will be like a family feeling. i think we'll all be nervous together. it's going to be a great feeling. more excitement than nervous. >> reporter: homestead high is one of ten high schools across the country picked to perform in the macy's day parade and is the only marching band from the west coast. they know it's a big deal. >> it's huge. homestead has never had this kind of honor. i'm humbled to have been chosen. >> reporter: they've been keeping their eyes on the prize. using football games to help them get ready for their than thanksgiving moment. >> everything we do is a build-up to macy's.

including discipline. >> sitting in the stands cheering them on are their parents. they are just as excited to go to new york. >> i feel real proud for the school. i feel proud for the kids. yeah, i just feel really good they'll be able to get that chance. >> preparation, focus, hard work. all of that is about to pay off on the streets of the big apple. >> once in a lifetime. once in a lifetime. it's going to be a surreal moment. i can't even fathom like how awesome this is going to be. >> george kiriyama, nbc bay area news. >> you can watch the homestead high school marching band and the macy's thanksgiving day parade in a little more than just three weeks right here on nbc bay area. an update to a local story that's been receiving international headlines. the conjoined twins from san jose who were separated on tuesday are now breathing on their own. a team of more than 20 surgeons and nurses at lucille packard children's hospital spent nine hours separating and reconstructing the 2-year-old

girls. they were joined at the chest and abdomen since birth. but tonight, they are still in the pediatric icu breathing separately. but the two have already overcome steep odds. only about 25% of conjoined twins survive after birth. so not happy with the way government runs? how about starting your own country at sea? a brave new world with the water as its borders. marianne takes a new look at a movement being launched here in the bay area. >> reporter: could the secret to a better life lie here at sea? in a few years, you may be able to live in a small city on the ocean. >> the goal is to create a new frontier where people can experiment with now political and social systems. >> reporter: the seasteading institute has already received more than $2 million in funding to keep the idea afloat. most of that money came from paypal founder peter teal.

consider it burning man meets silicon valley. the idea is to build cities on cruise ships or platforms that might look like this. the new societies won't just look different. they'll operate much differently, too, because they'll be located more than 12 miles out to sea in a zone where most u.s. laws don't apply. >> the seasteading creates a diversity of societies. societies where everyone gets something much closer to the governments that they want. >> reporter: as protesters across the country cry out for change, seasteading may be just what they are looking for. we talked to supporters of the occupy oakland movement. some say seasteading is the wave of change we need. >> you get to escape all the things you don't like and create what you want. >> reporter: or will you? >> there's always going to be a top-down structure. you'll have the captain of the ship. somebody has to make the decision. and it might have to be some sort of a corporate structure

rather than a governmental one. and so how is that really any different than what they are experiencing now. >> reporter: the new societies won't just offer new governments. they may also become a place where scientists can do medical research without government regulations. and don't forget the business opportunities out at sea where some companies may be able to avoid paying corporate taxes. right now plans are in the works to build the first seasteading business off the coast of san francisco as early as 2013. blueseed in sunnyvale is working on creating a technology start-up where entrepreneurs from other countries who can't obtain a work visa in the u.s. can work or live on a barge or ship, be closer to investors and network in silicon valley. but you'll pay for those ocean views. the average rent between $1600 and $1900 a month. >> it's going to be the land of the rich. so how is this going to be all that much better? >> reporter: she also cautions

there are risks to starting a new government on the water. >> certainly could backfire. you could have the lord of the flies anywhere. >> but champions of seasteading say water societies are worth navigating because they may be just what we need to unleash a sea of change. >> a new waterworld. >> wow! >> jeff raininieri joins us. >> they'll keep your toes nice and warm definitely for tomorrow and tomorrow is the morning if you have those to wake up in those. it will make everything real easy for you. the frost advisory for napa and sonoma county. temperatures in the 20s and 30s. temperatures a little more here coming up. you thought this morning was cold, already dropping 5 to 10 degrees at this hour compared to this time yesterday. there's a sign of those cooler

changes. already 39 in fairfield. 46 in livermore. and currently 47 in san jose. so for tonight, what we're going to find is that frost advisory. widespread 30s. for the weekend, another storm system with more rainfall coming our way for saturday. so as we take you to our satellite loop, see the storm system out here. that's going to continue to push to the south as we head through the next 48 to 72 hours. it's tapping into more moisture. higher rainfall totals for our hills and for the valleys. as we look ahead towards saturday. you'll find temperatures in the 50s inland. then as we head throughout sunday, looking at rainfall for early morning hours. for tomorrow, what we'll find is that rainfall on the increase. our storm has sped up. by 1:00 p.m. tomorrow, look at the chance of showers across the north bay. 5:00, 6:00, pockets of heavier rainfall expected in the north bay. we'll see that chance continuing through 10:00 p.m. in the south bay. even though our forecast model

doesn't show too much in the way of rainfall, we are looking at that instability staying in our forecast throughout tomorrow. as for our rainfall totals, anywhere from a quarter to a half inch, and for the sierras, 6 to 8 inches of snow expected throughout early sunday morning. and your temperatures, low 30s in the north bay. 33 in napa. and expecting 36 in san rafael. close to 60 for tomorrow for your daytime highs. and increasing chance of rainfall as we head throughout the afternoon and evening. on your seven-day forecast, well, we clear out monday and tuesday. and then more rain coming back asd ansdthuray.out dnesday and thursday. [ man ] i got this citi thank you card

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if you ever lose something you have to look in the garage. coming soon to a theater near you, steve jobs, the lost interview. >> the original footage was lost by his producer. a 70-minute interview with jobs done for the pbs miniseries, "triumph of the nerd." the director of the project found the vhs in his garage just a few weeks ago. it was taped between jobs stints at apple and before he was brought back in 1996. they'll show it at 17 screens around the country. locally we'll get to see it in palo alto, berkeley and san francisco. >> the dude with the cleanest garage in the bay area. who do you think it is? >> you are number one at everything. >> you know, she's number one to

me, too, raj. you must be having a problem with this. >> we're going to stick him in the garage. >> am i compete with you for her attention? knock it off, raj. you got that? when we come back, controversial comments from caddie steve williams regarding his former boss tiger woods. believe me. you'll not believe what he said. plus, baseball season is over, but not for kung fu panda. after the break, find out how pablo sandoval helped all-stars take down taipei. can lulu have some beef pasta, too?

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and now the xfinity sports desk on nbc bay area news. >> welcome back to nbc bay area. baseball in november? we'll take it. especially when the highlights include a local star like the panda. we have baseball going on. game three of the taiwan all-star series. bruce bochy. look at pablo sandoval, grounder to second. that will bring in robinson cano to make it 2-0. now 4-1, top of the third. panda makes hard contact there. finds the gap in left center.

ground double rule. mlb wins their third straight over chinese taipei, 6-2, your final. meanwhile, not so good news for the silver and black. as expected, raiders' running back darryn mcfadden has been ruled out for their game sunday as the raiders' leading rusher. still hobbled with the sprained right foot. meanwhile, the unbeaten cardinal head to corvallis for a meet with oregon state. with all of their accomplishments, andrew luck has enjoyed, the heisman hopeful has yet to win a game in the state of oregon which adds a little extra incentive as they put the nation's longest winning streak on the line. >> we know oregon state is a tough place to play. corvallis. great game day atmosphere. very well coached team. defensively, they are tough. they are hard-nosed. they fly around the football. so we know there's no weak/soft in college football. it's back to work when we get into the facility. >> a lot of the coaches this week making sure that our guys are doing what they are supposed to be doing.

put a lot on our senior leadership for our guys to make the games -- to make these games as important as possible. every game. it doesn't matter who comes out of the locker room. we're making sure we're playing at our best every saturday. >> we wish those teams the best. also, finally, tiger woods' former caddie steve williams made a very inappropriate comment about tiger today. williams was speaking at a caddie awards dinner in shanghai. now currently williams is the caddie for adam scott, the two won at a bridgestone invitational last summer. williams said he was very happy after adams got victory because, quote, my aim was to shove it right up that black blank. williams was referring to tiger woods who he was the caddie for for 12 years. and these were two guys who were the best of buddies. sad to see them break apart like that. man, i can't believe that. can you guys believe that at all? >> that's a stunning comment. >> he's got to watch what he

says in the public eye. thanks, henry. >> very sad. see you guys tomorrow. you're working saturday, right? >> of course. >> we'll be here. >> yeah, right. >> we'll see you later. >> we're back inher interesting another interesting mistake.

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fiber one. finally tonight, this was a little embarrassing. they had champagne, the big trophy, the victory speeches, the whole deal, but they made a mistake. on tuesday, surfing legend kelly slater was awarded his 11th world championship at the rip curl event in san francisco. notice the video. happiness. hugs. celebration. >> trophy. >> trophy. today, slater discovered he didn't clinch the title. he added up his points and said, whoops. not enough points. so he informed the surf officials -- very good of him -- via twitter. slater can still clinch the surfing championship with one more victory. >> let's hope he does it. >> when does moi's new movie