- i see a little silhouetto - [ of a man.chatter ] - ♪ - scaramouche. scaramouche. will you do the fandango? oh. thunderbolt and lightning-- very, very frightening me. - galileo. - galileo. - galileo? - figaro. easy come, easy go. will you let me go? - bismillah, no. - [ together ] we will not let you go. - let me go. - we will not let you go! [ high operatic voice ] ♪ let me go ♪ [ rock ] i firmly believe it wasn't a hate crime. >> police think otherwise. one man is in jail. two more are on the run. we're getting our first look at a parking lot beating caught on tape. thanks for joining us. >> a parking lot dispute left a man badly beaten. tonight, though, there has been an arrest. but the motive behind the

attack, may still be in dispute, at least for the victims. nbc's bay area george kiriyama is in san jose with the details. new video of that attack as it happens. >> reporter: there is video. you'll see it in a minute. police say there was a tip and fingerprints lifted from a tequila bottle. tonight, we talk to the victims. it's been a long road to recovery. >> yeah. it's like replaying the incident all over again. it is difficult to watch. >> reporter: we sat down to watch surveillance video of the night a group of men jumped and beat him in a san jose parking lot. that's his car in the middle of the lane. >> open the door. and stand behind it. >> reporter: he says he was hit again and again with a bottle. >> i have bruises here and here. my chin was cut open. i had eight stitches here. yeah. i was hit in the face with a bottle. and i think that's what did a lot of the damage.

>> reporter: for the last 3 1/2 months, he has struggled physically and emotionally. six of his teeth are damaged or knocked out. his jaw was broken. >> it was very dramatic. i had nightmares. >> reporter: he's starting to feel a lot better after san jose made an arrest lot friday. they charged him with felony assault. investigators had been looking at whether this was a hate crime. but decided there wasn't enough evidence. >> i believe it was a hate crime. i was being called racial slurs while i was being beaten. >> reporter: he hopes the police will find the other two men involved in this crime. now, his brother was arrested but not charged. if you know anything about the two other men, call the san jose police. new tonight, the berkeley police department is on the

defensive. angry community members are demanding answers why police didn't respond immediately to a call for help. jean elle joins us tonight. and some say berkeley police made a deadly mistake here. >> reporter: and the police chief answered questions, hoping to change some minds. he believes dispatchers handled the calls correctly. as soon as it was clear there was an emergency, police rushed to the scene. but still, some residents aren't satisfied. tempers flare on the recent beating death of a 67-year-old and how police answered the call. dozens of people are anxious for answers why police didn't answer sooner. the key may be his demeanor. he called the nonemergency line to report a man trespassing on his property in the berkeley hills on february 18th. city councilwoman susan wingraf

says he was very calm. >> i'm quoting now. there's a gentleman hanging around. he seems very spacey. >> reporter: dispatch made it a priority two call, which means an officer is sent when one is available. the chief says the department was responding to emergency calls only because it was monitoring a march. police didn't race to the house until 14 minutes after the first call. that's when andrea called 911 to report the man was beating her husband. the chief says he has done a thorough review of the incident and stands by the response. >> we looked at the calls. we looked at the timelines. we looked at the messaging. we did a review of other agencies to see if we're doing something outside of the norm. to this point, we haven't found anything. >> reporter: he died from his injuries. police arrested daniel dewitt minutes after the incident. his family says he has a history

of mental illness. after the meeting, he is still frustrated. he wants berkeley p.d. to work with kensington police because they're close to north berkeley. >> there's no excuse for not having a reciprocity agreement with the kensington police department. >> reporter: he says when times are tough, every option must be utilized to ensure safety. before this incident, the chief says he was reviewing how the city is divided up and covered by police. changes may be coming. he legally shot and killed a mountain lion in idaho, a cat that's protected in our state. now, the president of california's fish and game commission may lose his top spot. despite a large show of support for dan richards during a meeting yesterday, his fellow board members took it in a different direction. commission members voted 4-1, to

change the way their president is selected. if approved, commissioners would be allowed to remove richards as president. he has been criticized for showing bad judgment killing that cat. and being unapologetic for shooting the cat in idaho where you saw the photos. if removed, richards would remain on that powerful commission. nine people are without a home, after a raging inferno gutted their apartment building next to the cal campus. here's cell phone video of the fire. crews battled the flames as the rooftop and third floor collapsed. the fire was accidental, likely started inside a ground floor closet, containing two water heaters. the berkeley man who shot video of the fire from his nearby home told us, he feared for his family's safety. >> i just poured it down. and everything is like yellow and red and huge fire. i'm a single dad with four kids.

so, it's time to run. >> students and neighbors evacuated five buildings in the area. no injuries have been reported. a police officer is accused of shooting an off-duty federal officer and will plea in the morning. he will answer to charges of attempted murder and assault with a firearm. police arrested bagwell on february 7th, after officers found robert suffering from gunshot wounds outside of his own home. his wife was a student in bagwell's class. a stayaway order in place against 14 oakland occupy demonstrators. the order requires them to stay 100 to 300 yards from the plaza. after destructive demonstrations. it's on condition of release of the protesters. but the civil rights group argue that the restriction is unconstitutional. the environmental protection

agency is on the case. trying to clean up a toxic site in richmond's inner harbor. divers took a plunge at the channel today, where tests show high levels of the dangerous chemical ddt. a company contaminated the channel in the 1940s. and despite a $13 million cleanup in the 1990s, recent tests show ddt up to 30-times higher in fish in the channel, compared to levels 20 years ago. today, they monitored the levels. the epa is trying to determine whether the chemical is coming from. >> we identified several sources. we may not in the initial effort, been able to dredge around underneath the piers. we may be concerned that ddt is coming from the embankment. >> a community meeting is scheduled for march 19th. the epa has set a target date for the next cleanup in 2014.

shimon peres is wrapping up his visit with an event in los angeles. he spent four days in southern california, after his visit to the bay area. he visited facebook in menlo park, where he launched his own facebook page. in los angeles, he's meeting with entertainment executives and jewish community leaders. one sip would have set you back thousands of dollars. a pricey bottle of wine that sent a california aficionado to jail. abstinence only. but don't say gay. and things workers never thought would happen here. why a dozen employees are taking their boss to court. tracking temperatures in some parts of the bay area already dipping into the 30s in napa. and in the seven-day forecast, yes, we've got rain returning. how quickly will those rain drops arrive?

passed over for promotions and given extra work. 11 current and former amtrak workers are suing, saying their employer discriminated against them because of their race. cheryl hurd joins us in martinez with the details. >> reporter: this lawsuit was filed on monday. it claims racial discrimination. and they say it's a move they're not taking lightly. >> i guess i was -- i didn't think that racism really existed in this time and day the way --

>> reporter: tamika has 15 years experience at amtrak. she is speaking out on behalf of ten other employees who are part of a racial discrimination lawsuit against the company. the lawsuit was filed march 5th. it alleges that the plaintiffs that work in the maintenance yard were denied promotions in training. worked the graveyard shift and were forced to work in a hostile environment. >> in some instances, people are hired as new employees and given positions that my clients have been applying for for years. >> reporter: otis has been an employee for amtrak for nine years. he's a former union rep. he claims he's tried for nine years to get off the graveyard schiff. but the suit claims that nonafrican-americans were promoted over him, despite their experience. >> they never give you an interview. before you make it to the stage of the interview process.

>> reporter: we reached out to amtrak for comment. we got a response. saying amtrak does not comment on pending litigations. >> when you have this many people complaining about this widespread a problem and this long standing a problem, it's apparent that something more than lack of qualifications is going on here. >> i used to love my job. now, i don't have that same feeling. it's not the same anymore. >> reporter: plaintiffs say they want to see things change. they're also seeking monitory damages. well, he often bragged about his own skill at sniffing out fake wine. now, he's an accused counterfeiter. he faces federal charges after allegedly selling more than $1 million worth of counterfeit wine. the 35-year-old wine dealer is

accused of selling more than 150 bottles of bogus wine at auction since 2007. he bragged about spending millions of dollars a year on vintage wine, including $75,000 on just one case. there's no sex in sex ed. both the house and senate in utah have passed a bill mandating sex education be only about abstinence. it bans talk about intercourse, and sexual activity outside of marriage. there's a wave of protests. more than 5,000 people have called for the governor to veto the bill. democrats say parents were just fine with the current lessons. >> the core utah values, reading, writing, math, science. and quit wasting so much time on

extracurricular activities. >> the parents didn't see any problem with the current law. >> the governor of utah, a republican, hasn't said if he will sign this bill. for nearly one year after a devastating earthquake and tsunami that followed, one bay area tech may be the key to recovery in japan. sunday marks the one-year anniversary of that crisis. but news on how silicon valley technology may be helping. scott budman shows how leaders are willing to step in. >> reporter: from tragedy comes opportunity. one year after the devastating tsunami and earthquake, triggered meltdowns, green tech companies are poised to step in and help out. >> companies in japan have realized that nuclear is not a good solution. >> reporter: he says companies

like his can help bring back what some say has been a 40% drop in energy production because of japan's nuclear disaster. >> now that the cost has dropped so much and reliability is so proven with this technology, they've realized this really is the technology of choice to replace all that lost energy from the nuclear power plant. >> reporter: the opportunity, brought to life by a study out of stanford university. saying japan's energy policy would benefit from a silicon valley-like overhaul. >> a lot of japan's problems in electricity was that there was this large, integrated monopoly. if we think about what happened in silicon valley, it was a large, integrated monopoly of at&t broken up, that led the way to making the internet an open standard. and on top of this open standard internet, we have all this activity. >> reporter: japan is starting to open up to the idea of

start-ups, especially said study co-author, green tech start-ups. >> very much active. they have to save the energy. >> reporter: a change that may end up bringing japan and silicon valley closer together. >> we'd like to invite you to watch our tsunami special, japan disaster one year later. you'll hear from those who lived through the tragedy and we'll talk about the lessons learned from there. plus, the tons of debris floating in our direction. that's sunday evening at 5:30. let's bring in rob from our nbc bay area weather center. and it's thursday, late night. the weekend begins now, sort of, right? >> an official start to the weekend. you may want to start the weekend tomorrow, if you want 60s and 70s in the forecast. it's going to be going away come saturday.

clear skies, dry over napa, that dropped temperatures down to 39 degrees. 50s in san francisco, novato. we're seeing a little weak sea breeze on the coast. that hints at a cooldown for parts of the coast late tomorrow afternoon. right now 50 in san jose. 45 in gilroy. not much wind right now. seeing offshore breezes for the last few days. the winds will start to turn onshore late tomorrow, that hints to big-time cooling. tonight, just like we had this morning with the chilly start, we should see 30s and 40s across most of the bay area overnight. you'll start the day as the winter goes. as early as lunchtime, should be back in t-shirt weather. 60s to 70s inland. soak in the sun because the seven-day forecast is offering up plenty of soaking rain towards the middle part of next week. things turning rainy as early as the second half of the weekend. right now, the radar is mostly dry. we don't have much in the way of

clouds, until you look to the north here, up towards seattle. you can see clouds heading into the pacific northwest. eventually, this is going to start to slide south late tomorrow. saturday, you'll see a few more of the clouds. the high, which has been diverted all of the incoming storms, that's going to break down. as it does so, it's not just one. but really five systems, stacking up for next week, that will be racing through the bay area. each one progressively weather by the time we get to the second half of next week. getting things started tomorrow. for the morning, we have the clear skies. that's part of the reason why things will be chilly tomorrow morning. through the afternoon, you may notice a few high clouds going on by. but the real cloud cover will come saturday, as the wins turn onshore. we'll get the fog and the dizzle along the coast. but sunday afternoon, we should start to see the rain dropping into the north bay. a stronger system comes in monday night too tuesday.

the coat for the morning. 30s and 40s towards the morning. inland, still nice. low 7 0s. and as we get back to san francisco, drop these temperatures a little bit. we should see the sea breeze picking up for the afternoon. 70s towards santa rosa. tomorrow is the last of the spring preview of our temperatures. things are going to cool as we go through the weekend. and sunday, a chance of light rain. if you'll notice here in the seven-day forecast, next week, is the last full official week of winter. and it could go out with a bang there. looking at rain that could get heavy at times. tuesday and thursday of next week. where your weekend plans are concerned, think cooler. an increasing chance of showers sunday afternoon. and increasing chance of lost cheap sunday morning. >> by one hour. >> that time of year.

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business is back in san jose and in a very big way. two shopping centers are going up soon. one of the developments is going to increase traffic congestion. it is notorious for traffic messes. and the new development means things't don get tighter. san jose's economy may be rebounding. >> seeing investment in san jose without public dollars is always a good thing. >> a second development is about to go off right next to the kaiser hospital. the east bay, a high-priced store has sparked a high-priced battle.

but the battle is over. neiman marcus will open tomorrow. hundreds came to the gala. 86,000 square-foot score caused public outcry when it was proposed in 2008 because of traffic concerns and location disputes between other local malls. the development was put before voters in a $2 million campaign. the voters approved it. the doors opened. d ♪

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doing everything he can to get his team to the big dance. aaron bright hits the floater. in the second half, all cal. the pac 12 player of the year, gutierrez, finished it off for cal. he had 22 points. cal wins 77-71. scott reese has more from l.a. >> this was a huge win for cal on several levels. they avenged last sunday's defeat at maple. they stay in the hunt for a title. and at the least, they likely secure an at-large bid to the ncaa tournament. >> i would have been very nervous. this is 24 wins for us. you know, we were just barely out of first. had a chance there. our rpi's good. but i felt we needed it. losing three games in a row on the season. two were on the road to good

teams. it gives an excuse. if they did this. i thought this was really important. >> right now, we're in the tournament. we look at this as our second season. we want to win this season. we want to come out on top. we've got three in a row. we take care of business. >> cal sitting on 24 wins and counting. the bears will play on friday. in the pac 12 semifinal. and they seem to have put their minislump behind them. >> thank you, scott. over to the sharks and stars. late third period, sharks up one. stars putting the pressure on. this would be reviewed. the goal counts. this game goes to overtime. the puck just got by niemi. ultimately, we go to a shoot-out. the backhander beats niemi. stars win 4-3, in a shoot-out.

giants and padres. madison bumgarner on the mound. he pitched five innings. struck out five. top of the third, one on. nobody out. angel pagan singles up the middle. giants have won three-straight. 5-2 is your final. raj and jessica, i have a question for you guys. i know you love roller skating. but can you stand up on ice skates? >> oh, please. i can do the camel. >> she's good. >> really? jessica, the sharks need your help right now. they've lost 13 of the last 17 games. >> i know. i want to keep my h,ug in trouble.

three lucky democratic supporters won the political lottery and cashed in tonight. dinner was the winner of the

free world. the free contestants and their guest joined the president and the first lady at a washington, d.c. restaurant. they were winners of the third dinner with barack contest. and the president's re-election campaign is running this contest. they're accepting entrants for the next meal. the only requirement for the contest, a donation of $5 or more. and you get to hang with the obamas. >> who picks up the tab for dinner? >> the secret service. thanks for joining us tonight. >> bye-bye.

[ stu ] yeah. it's electric. i don't think so. it's got a gas tank right here. electric tank, right over here. an electric tank? really, stu? is that what you pour the electricity in? it's actually both, guys. i can plug in and go 35 miles gas free, or i can fill up and go a whole lot farther. is that my burger? oh. i just got bun. i didn't even bite any burger.