facial injuries and blood in his mouth. >> the santa clara district attorney's office has charged 34-year-old shawn michael barrett with a hate crime. >> this is about as clear as it can get when it comes to hate crime. >> he says barrett came up to them and started saying offensive, racist things. >> like my color and of my kind. and he wanted to eliminate us because he kept on repeating when my boys get out, we're going to clean up. >> he talked about his feelings of the hierarchy of the races and where he felt people of the victim's race fell. >> and then, without any warning, he says barrett jumped him. >> i must have hit this because i was half way in the street and half way on the curb. and then he just started welling away and i'm trying to block and protect myself. >> investigators say barrett kept yelling the "n" word as he punched him in the face.

he kept telling his friends he had been a member of the nazi low-rider gang in prison. >> i had a beer, a bottle chunked at me. >> brassard grew up in lafayette, louisiana and says he often faced prejudice. but he says he never expected to be a target of racism in a diverse city like palo alto. >> i just think everyone needs to be aware that there are people out here that think like that. >> now, because of barrett's criminal history, the d.a. eets office says he could face up to 16 years in state prison if he's convict. . we're live tonight, nbc bay area news. >> new at 11:00, sheriff deputies are on the lookout for a man. deputies say they arrested juan valencia last night. valencia was handcuffed and put in a patrol car. deputies state somehow, they don't know how, he was able to escape. deputies chased him and then

lost sight of him finally calling off the search after a few hours. if you see him, you're urged to call sheriffs or 9-1-1. >> did you hear all of the noise tonight? a playoff thriller in oakland. the warriors went down to the wire and held onto beat the denver nuggets. as you can see, it was a sea of yellow at the oracle arena. the warriors now take a 2-1 series lead in the best of seven playoff series. >> the as were next door oban t field. nbc bay area cheryl herd joins us now at the arena and the coliseum. cheryl, no major security issues, but there were a lot of smiles, weren't there? >> reporter: a lot of smiles here tonight. and for good reason. you know, officials were concerned about the traffic, you know, as fans and warriors fans know how to get here early and move out quickly. it seems like the parking lot is almost clear here tonight. and with all the excitement and the warrior's first playoff home

win, it overshadowed the tight security tonight. 40,000 people showing up for two sporting events. the swinging as and the red hot warriors were in the playoffs. with all the excitement, there was a big police presence. >> boston is a concern, of course. we've done a bomb sweep out here. we have alameda county supporting us with this. >> the alameda sheriff's department came with increased staffing and their canine unit. it didn't go unnoticed. >> even after september 11th, after what happened to boston, it seemed like they do a pretty good job here. >> as police ramp up security, fans are in a frenzy. >> oh, man, that is going to be beyond hot. especially i'm indian, too. kerry is going to be on fire tonight. >> inside oracle arena, it was playoff fever. >> the crowd, i've never heard anybody louder 20 minutes before tipoff.

>> if anybody deserves to watch a playoff game and be a part of a winning culture, it's these fans. there aes a lot of years where their team hasn't experienced a lot of success. so it's a nice gift to give back to people that have been extremely loyal to this organization. >> and those loyal fans were going wild tonight. season ticketholders are in their glory hoping the warriors will win the series and move on to the next. >> there's nothing like the playoffs. there's basketball games and rivalries, but there's nothing like a playoff game. >> now, here's the t-shirt everyone was wearing tonight. if you didn't have a t-shirt on, the jumbo-tron singled you out and the crowd booed if you didn't put it on. i'm sure that folks will have these t-shirts at the next game. reporting live, i'm cheryl herd, nbc bay area news. >> if i were you, i wold hold

onto that t-shirt. the faa had sidelined flights as part of a sequester making waits longer and tempers shorter. nbc bay area joins us from san francisco where travelers are still fuming over the furloughs, jean. >> they are, jessica. a lot of frustration at sfo tonight. although travelers are relieved an end is in sight, but many say congress needs to focus on the larger sequester picture. >> travelers arriving at sfo say it was a long trip. >> and i looked up at the board and all united flights have delayed. >> barbara clincal sat in north dakota for hours. >> i asked what was the problem and they said it has to do with the sequester. >> the faa says thousands of

flights have been delayed because of sequester cuts. the agency furloughed air travic controllers. the house and senate passed a bill. >> somebody who flies very much and it gets your attention. >> reporter: there was even congratulations on capitol hill. >> it's nice to know that when we work together, we can really solve problems. >> some travelers say it's clear, conditioning singled out the faa cuts because lawmakers fly. frustration is going viral. they don't want to be delayed home. there is also a long line of agencies looking for relief. u.s. police officers say they hope to be on that faa bill to end furloughs. meals on wheels wants funding restored so it can keep rolling for needy seniors.

with so many people feeling the pain, travelers congress should get back to work. >> there's a lot of people affected who don't have to be affected. it's really too bad. it's really a shame. >> that bill now goes to the president's desk and a white house spokesperson says he is expected to sign it. reporting live at sfo, gene elli elliot, nbc bay area news. >> gene, thank you. new york city officials say they've uncovered another piece of evidence from that day. a boeing id number was found wedged between two buildings not far from the world trade center. the piece is five feet long and four feet wide. it's believed to be part of the landing gaer from a plane that hit one of the towers. >> it brings back terrible memories to anyone who was hear, anyone that was involved in that event. and, obviously, i think the families could very well be impacted by this finding.

>> the new york police commissioner says they will do an in-depth examination. >> clues may be buried in a landfill. today, federal agents combed through a new bedford dump looking for dzhokhar tsarnaev's laptop and fireworks receipts. this after investigators say the design of the bomb used explosives that are consistent with commercial fireworks. >> the drive herb of the suv that was carjacked by the it's brothers is now sharing his story. his name is danny. he's a 189-year-old chinese native who was taken on that wild 90 minute right before escaping and alerting police. he spent hours talking to the f.b.i. and then shared his story with a professor at northeastern university. that professor says danny was scared for his life.

>> he was only trying to save himself. >> during the ride, the older brother confessed to danny of having just killed a police officer in cambridge in mit campus. >> coming up, an nbc bay area investigation in banks forecl e foreclosiforeclos foreclosing on homes they don't even own. how they're getting away with it two years after the law was passed to protect homeowners. >> we're getting our first look at a bay area man and his sister after they swam for their lives. >> and a busy night for the niners and the raiders on the second day of the draft. learn more about their new editions coming up. >> has pg&e regained your trust? >> absolutely not. we investigate the repairs the utility says it's making and the

details they refuse to reveal.

we have new vid yes to show you tonight. a san francisco man and his sister survived a sinking ship in the caribbean and they are back in the u.s. tonight. we want to show you video after they were found by a farmer. the pair forced to jump off a sinking boat on sunday with nothing but their life vest on. they spent the next 14 hours swimming 8 miles to shore. they were taken to a hospital and treated before heading to miami. >> politicians say they fixed the problem. but have they? >> a nine-month investigation found questionable foreclosures are still happening and that thousands of financially distressed homeowners are still at risk.

>> discovered a system that one expert called rotten to the foundation. >> we reviewed dozens of court files, hundreds of land records and spoke with foreclosure experts from coast-to-coast. in case after case, we found evidence of questionable documents, row boat signing, back dated foreclose sher paper work and instances where it's impossible to tell exactly who owns what. 75-year-old terry mason bought and fixed up her dream home in the oakland hills a decade ago. >> in this case, it's not the property, it's the note. >> when the economy tanked, she fell behind to bank of america and now her home is in foreclosure. a foreclosure mason considers unlawful. the proof, she says, is in her paperwork. although mason shared her private loan documents with cir and nbc bay area, she declined to sign a waiver that would have

allowed bank of america to discuss her case. >> there ought to be a very clear chain of title. >> we asked three different forensic fraud and property record analysts to analyze mason's paperwork. two of them have testified as experts for homeowners in lawsuits against banks. all of them found loan documentation riddled with inconsistencies. >> there's no transparency. and that is deliberate. >> that cease why mason filed suit against bank of america and its subsidiary, recon trust, alleging that her mortgage had been illegally transferred. the suit also alleges that multiple documents were robo signed who just days apart were on the paperwork, the assistant secretary of two different companies. seviano confirmed for us she did not work for either of these companies. instead, she worked for recon trust.

>> when it comes to you versus the banks, do you have the same rights? >> of course not. of course not. >> mason's lawsuit against bank of america was later dropped. but during the last nine months, nbc bay area and the crepter for investigative reporting uncovered similar questions and other foreclosure actions across the bay area. and the study of 382 mortgage loan transactions for san francisco's assessor recorder's office also found questions about the legality of those cases. >> ting is now a california assemblyman trying to change the system with legislation. >> we saw back dating, instances of people, you know, starting with this name and this name was the actual one on the loan, but now this other entity was the one sfoer closing.

>> there's fundamental questions of property rights. >> a law professor is a mortgage expert who has testified numerous times before congress and on behalf of homeowners suing banks. >> basically, nothing has changed on the ground as a result of the settlement with the attorneys general. >> banks often lack the legal authority to foreclose because documents on file with the court around the country show that banks don't actually own the loans. even so, he says, lawmakers don't know how to address this problem. >> if regulators actually started pushing on the adequacy of the paperwork, they would find that it's just a termite's nest of rot. >> the question of who owns the loan or not, that's something that's also been blown out of proportion. >> a spokesman says too much is made of the issue of legal paperwork in the foreclosure process. >> i think you talk to investors, you talk to the servicers, they know who owns the loan. it's -- there's no -- i don't

think you see lenders and servicers running around saying i don't know who owns my loan? i don't know where this loan came from. >> though bank of america refused to answer questions on camera, a spokesman did make a statement saying b of a has made significant improvements since 2010 and that will provide homeowners documentation proving the bank owns the loan, a process put in place before california's homeowner bill of rights became law. critics say that new law which took effect four months ago has failed to address this critical issue. >> they should have an obligation to prove that they own the loan. >> michael yest is an attorney for homeowners. he's sued banks for wrongful foreclosure because the banks could not prove that they owned the property or the loan. >> there are still homeowners out there being foreclosed on with no paper trail. >> everywhere. >> asechlblely man ting tried

introducing legislation to fix this problem, but it failed to pass in sacramento. >> that is not the law. >> so i can foreclose on you without a clean chain of title right now? under the law? >> that is law. >> after we began investigating her case, terry mason's home was taken off the auction block. mason, herself, a medical report ganl consul tant, says she has faith that she will see justice win out. >> i believe the system will prevail. >> now, this new bill of rights does allow to ask for certain documentation. a bank of america spokesperson says its subsidiary, recon trust, does now have quality assurance checks in place to guard against errors and that it does not back date documents. you can read her full statement and see the entire package of stoishs done with her partners at the center for investigative reporting on our web site.

just go to nbcbayarea.com. >> if you have a tip for steven stock or anyone else in our investigative unit, we urge you to give us a call. 888-996-tips. you can call us or send us an e-mail directly to theunit@nbcbayarea.com. >> you know, i learned how to throw a cow chip today. >> you washed your hands, right? >> yes. >> apparently, i did it the wrong way, but it still went pretty far. we're going to talk about the butter and egg days coming up saturday. let's get a look at the morning hours. maybe you've got to get up, maybe you'll want to sleep in. by the bay, plenty of cloud cover temperatures then u by the afternoon, notice the surge of temperatures not only inland, but also by the bay with plenty of mid 70s. live sky camera network right now does show the cloud cover here across san jose.

it's not too thick but definitely shrouding visibility just a bit. there's the marine layer right across the center layer of your screen. that will continue to envelop the coastline for the morning hours and san francisco looking great if you're heading out over the next hour or so, maybe you've got a friday night and some big-time plans. let's get you into the forecast here. we have the jet stream and the track way off to the north. so you're going to keep that summer sizzle coming in that seven-day forecast. the me nins la right here near san francisco. we're going to see all of this pushed back by 11:00 in the

morning and sunny skies for everyone by 1:00 p.m. saturday. we'll see day-time highs in santa rosa at 80 degrees. so, we were out today previewing the butter and eggs festival. if you are heading there specifically, temperatures will cooperate with clear and sunny skies, right near 80 degrees as we head throughout the afternoon. you can join the parade and the festival at 5:00 p.m. you can catch janelle wang. and we hear there might be some giants players on that float, as well. otherwise, in our seven-day forecast, temperatures continue to warm up into the upper 80s. also to low 90s by wednesday and thursday of next week. so the biggest concerns will be

fire danger and high pollen levels. and i want to say thank you so much to the farm. i left something there so i'm going to be back there tomorrow. >> not a bad place to be. >> thank you. it is beautiful. >> well, down to the final seconds. what a night for the warriors. we'll take you inside the locker room coming up.

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>> hey, there, scott reiss in the comcast sports net news room. oracle arena darn need exploded tonight. and those great fans did not leave disappointed.

an epic game three between the nuggets and the dove. final seconds, up by two, andre digadala from halve court: and the warriors win 110-108. i tell you what, the crowd was off the charts. they were loud. they were consistent. and we fed off of them, even when we didn't match their intensity. in that first half. this is the great thing about it is when you are part of an environment like this, you want more. so great job by the fans and i'm awfully proud of my guys.

chase hedley to make it 2-1 pods. giants down to their last out. branden crawford in the ninth. gets a groundout to end it. san diego wins 2-1. the draft continues. the 49ers, again, busy trading picks. they move down from 34-40 to select florida state defensive end who had 16.5 sacks. later in the second round, they snag tight end advance mechancd out of rice. and the raiders use the second round pick they didn't even have before yesterday to select offensive tackle and watson from florida state. watson, 6'6", 320 pound. he is a terrific athlete with lots of upside. and one more baseball note, the as take one on the chin.

tommy ma loan, very good. 6 2/3 inning. and, guys, that sonic boom you heard was coming from oracle arena, by all accounts, absolutely rocking and what a win for the warriors. >> yes, it's nice to see scott jackson sharing a win. >> snafs great. we'll be right back. wow, the track looks perfect.

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check it out, a wealthy man in india has combined his two obsessions. he's commissioned a solid gold shirt for himself. >> this is a true story? >> a $250,000. it could be one of the most expensive shirts in the world. it took 15 gold smiths two weeks of working 16 hours a day to make this shirt. his name is dadara fuga. and he says he always wanted to do something that would make himself famous, it seems he has at least until his shirt size

changes. >> that's got to weigh a lot, as well. all right. today's forecast, we need it. >> yes, if you're headed that way, tempature in the upper 70s, near 80 degrees. if you want more of this, with we've got it more in the seven-day forecast. plenty of beach weather. nothing to complain about in the weather department. >> and if you're at the festival, make sure you say something.

>> announcer: it's "the tonight show with jay leno," featuring rickey minor and "the tonight show" band. tonight, jay welcomes -- robert downey, jr. from the movie, "42," chadwick boseman. the music of avril lavigne.

and "photo booth." and now, jay leno! [ cheers and appla] captions paid for by nbc-universal television captions by vitac www.vitac.com ♪ [ cheers and applause ] >> jay: thank you! thank you very much. welcome to "the tonight show." thank you. very, very kind. nice to have you all here. oh, let's see. well, the big story.