good morning and thanks for being with us. i'm marla tellez. jon has the day off. for the first time, we are getting a look at the 8-year-old girl who was shot and killed overnight inside an oakland home. we are also hearing from the girl's family who was just baffled by the latest shooting that has put three others in the hospital as well. nbc bay area's christie smith joins us live from outside the apartment where this all happened and also where the search continued for the shooter. christie, good morning. >> reporter: good morning to you. that little girl's mom is on answer airplane right now from washington, d.c. where she was on vacation, after getting the horrible, horrible news that her 8-year-old girl was shot.

she was actually standing on the other side of this door with other children when the shots rang out. very, very unimaginable. i mean, right next door. i heard the gunshots. >> reporter: sharon smith considers herself a grandmother to the 8-year-old staying with her. she says she went next door for a sleep jeefrnd then gunfire -- sleepover and then gunfire er t erupted. >> sad. really sad. horrible. >> reporter: bullet holes pierce the front door, walls and window on wilson avenue in oakland. carmel was home at the time and doesn't want to gone camera. >> so quick, it was a bang, woke me up. >> reporter: say his 7-year-old niece answered a door bell after 11:00. she was shot. their 4-year-old brother and grandmother, too. alage shah's gunshots wound were fatal. >> terrible loss for all of us.

shocked somebody would shoot up a houseful of kids. >> reporter: jesse fowler says he is the stepdad and says when he heard the gunfire, he had to break it to ausually shah's mom on vacation. >> doesn't want to accept the fact that she's gone and i understand that. >> reporter: she loved school, friends and helping others. relatives say they don't know who would want to do this. >> i have no idea. i know the kids didn't do anything to deserve this. >> reporter: we are back here live and the 7-year-old answered the door because she thought it might have been her mom ringing the bell. the other three shot, expected to survive. i heard from oakland police, they tell me the police chief and mayer are at the hospital right now dropping off teddy bears to the two children who survived. as far as any suspect information, oakland police say at this point they just don't

have anything they can share. live in oakland, christie smith, nbc bay area news. >> such a tough story. okay, christie, thanks so much. a convicted prostitute onced linked to the death of a businessman will likely go free this morning. raven dixon took a plea deal that dropped murder charges in exchange for pleading guilty to prostitution and drug charges. dixon is expected to be released from custody on probation. three other people are charged with the killing and robbery of ravi kumra last november. the verdicts will will be read later on today charged with the gang rape of a 16-year-old girl at a richmond high school dance. marsellus peter and jose montan know are two of six men facing rape charges for the 2009 assault on a girl outside the homecoming dance. two others have taken plea deals. another two are expected to be tried later this year. on the peninsula, police are investigating a possible case of child abuse at a church-run

preschool. nbc bay area's bob redell is live outside the school where he just spoke with the past terror. good morning. >> reporter: good morning. pastor tim boyer of the first presbyterian church of mountain view tells me off camera that they are fully cooperating with police in the investigation into the little acorn christian preschool which is run by the church and located here on the church campus. the investigation is focused on a staff member there who is accused of inappropriately touching one of the young children. police near mountain view became aware last week when the county department of family and children services notified detectives that something had happened. a letter has gone out to parents. that staff member has been placed on administrative leave is no longer allowed any contact with the children but has not been arrested. >> why is that person not under arrest? >> well, we haven't determined whether a crime has, in fact, occurred yet, obviously. because of the nature of the

report and the amount of kids at the school, we have to conduct a very thorough and systemic investigation and that includes the interview of 60-plus students and staff members and that takes a long time. we want to make sure we do a thorough job before determining the guilt or innocence of anyone. >> reporter: when it comes to interviewing the students, police tell us they are using investigators who are specially trained in asking such sensitive questions of young children. one reason why they are interviewing so many people, they are concerned or could potentially be other victims. reporting live here at mountain view, bob redell, nbc bay area news. concord elementary teacher accuse of molesting a number of his students will be back in court again today. 45-year-old joseph mart certain scheduled to attend a bail hearing this afternoon. marten pleaded not guilty to 91 felony counts of child molestation. police say he molested 11 students in the past seven years, all on the campus of

woodside elementary school. if found guilty, martin could face life in prison. it has been more than a week now and still no sign of 21-month-old daphne webb of oakland. daphne's mother, seen right here, 31-year-old kiana davis, saying at a vigil for the missing girl last night at 79th and international boulevard in oakland. that's where daphne was first reported missing last wednesday. her father telling police he left daphne inside his suv for a few minutes while he bought a couple of items at this corner market. he says when he came out, daphne was gone. both parent its say police are keeping them updated on this investigation. police say they have no suspects so far in this case. the family, in the meantime, has started a website in the hopes someone knows something about her disappearance and her whereabouts. peninsula police on the lookout for thieves targeting rental cars. police say seven rental cars inside the central parking garage in downtown san mateo had

their windows smashed last week. the crooks popped open trunks and stole items from inside. investigators think the thieves are working in groups, looking for electronics and also cash. they say thieves like rental cars because travelers tend to keep things in their cars more so than people who just live locally. we now know who set this 80-year-old sebastopol landmark on fire. police have arrested 53-year-old steven edmunds for igniting the massive flames at frisolino's. the feed store was sebastopol's longest running business. it went up in flames on saturday and is now a complete loss. police say edmunds is a transient who has been arrested more than 70 times. in fact, officials say he had just been released from sonoma county jail four days prior to starting that fire. this morning, we are getting new details about where the

wreckage ofs ai s of asiana fls being held and where ho is paying for tsfo is charging the hair line $15,000 to keep the wreckage prom the crash in a storage facility for two weeks. asiana has to remove it by july 26th. sfo says it does not plan to extend that deadline. last friday, we showed you this live as the wreckage was towed to a remote part of the airport to allow the runway to reopen. meantime, a monterey county family is the first to file a lawsuit against asiana airlines. they filed in federal court seeking $5 million for negligence and recklessness. the attorney for the family says the mother is now unable to return to work and her son has serious back problems. three people died in that july 6th crash. privacy advocates say police are overstepping their bounds, tracking license plates on millions of bay area cars every

single day. the aclu says automatic license plate readers are constantly collecting and storing data. police use this technology to track stolen cars but they also store photos of other vehicles. a man in san leandro says when he asked to see information collected on his car, police showed him more than 100 images. >> gathering and storing information about people who are not suspected, or charged with committing any crimes i find that very problematic. >> the san leandro police department says it stores the inform information one year and chances are if your scar not involved in a crime, no one ever sees the data. the aclu is calling on lawmakers to consider the privacy concerns and create some rules on who can access the data. uc board of rebel jents will meet this afternoon to confirm secretary of homeland security janet napolitano's nomination to be the next president of the uc system. napolitano will resign from

president obama's cabinet in september. if approved, she would become the first female president in the system's 145-year history. napolitan knee graduated from santa clara university in 1979 and she was the school's first female valedictorian. trayvon wasn't doing anything wrong. >> still ahead at 11:00, the parents of trayvon martin speak out for the first time since george zimmerman's not guilty verdict. also, switching gears a little bit, the queen is growing ever more impatient over the much-anticipated birth of her grandchild. have an update on the great kate wait. plus, take a look at this morning's emmy announcements. netflix gets a nomination. that's ahead in business and technology. and the heat is cranking up. we have got a heat wave headed our watch it's not going to be that bad but hey, make sure you're ready for that. temperatures right now in the 70s. when we come back, i want to tell you about a fire that's

burning along the central coast in the big sur area this could affect your camping plans. right now, zero percent containment. we will have more when nbc bay area news at 11:00 comes right back.

welcome back. trayvon martin's parents say they are still in shock that george zimmerman was found not guilty in the death of their son. today is the first time that sybrina fulton and tracy marten have spoken publicly since the verdict five days ago. martin's father telling "today's" matt lauer believes trayvon was profiled because he was black. meanwhile, trayvon's mother says the verdict sends a terrible ssage to young boys. >> i mean, it's sending a terrible message to other little black and brown boys that you can't walk fast, you can't walk slow, so what do they do? i mean, how do you get home without people knowing or either assuming that you're doing something wrong? trayvon wasn't doing anything

wrong. >> trayvon's parents also saying they think people do have a right to protest the verdict but they should do it peacefully. today marks anti-apartheid leader nelson mandela's 95th birthday and south africas are celebrating. hundreds gathering outside the hospital in pretoria where the former president is still being treated for that lung infection. in the mean time, some good news. his family says mandela is on the mend. mandela's daughter tells sky news he is communicating with his eyes and gestures and she is hopeful he will be able to return home soon. south african president jacob zuma issuing statement this morning wishing mandela a joyous 95th birth as kate's reported due date has come and gone, many are wondering why the possible delay and if it has anything to do with this being the couple's first child. but as nbc's natalie morales reports from london, at least one royal is ready to get this show on the road.

>> aid very much like it to arrive. i'm going on holiday. >> reporter: now even the queen is weighing in. this child is, of course, will and kate's first, but does that explain the apparent delay? >> the thing about the due date is that probably only about 1 in 20 women give birth on that date. >> reporter: according to the mayo clinic, women may be more likely to have an overdue pregnancy if they have had prior overdue pregnancies, the baby is a boy or in kate's case, it's the first child. >> what we do know is that any labor after certainly 37 weeks is considered to be full term. the chances are she's already past that. if she goes more than about ten days over her due date, then i'm quite sure that her doctors will be talking seriously about inducing her. >> reporter: no doubt this summer's british heat wave is making kate's wait just a little more uncomfortable. while sources at the palace say this will still likely be the

place, the contingency plans have always been the royal barkshire, but for the most part, they do expect if she does go into labor soon, she will be able to make the drive, about an hour away, back here to central london, to st. mary's hospital. this is the hospital where william and harry were delivered. also the hospital that affords her great privacy, which the royal barkshire hospital would not be able to do i'm natalie morales in london. now back to you. >> thanks so much. high-tech companies have sent a letter this morning to the white house and congress demanding they be allowed to tell you how often the nsa snoops. that letter very straightforward in its request. >> aid go as far to say a little bland, marla, especially considering yesterday, microsoft said domestic spying was "damaging the constitution." microsoft, google, apple all put their names on this morning's letter addressed the president, the head of the national intelligence as well, as well as the attorney general and a number of senators and

congresspeople got the letter, asking specifically that they can the companies, be given more freedom to explain us to users what kind of data's being given up and how often under the so-called prism spying system. this does not include cell phone companies. you will recall there is a separate program confirmed the government that tracks each and every phone call of each and every american all the time. let's go to fake washington and the world of "the house of cards," pretend amongman frank underwood and real life counterpart, kevin spacey, nominated for an emmy. robin wright also nominated for best actress and the show overall got the nomination this morning for best drama. in fact, netflix got 14 nominations total. this is the first time netflix, or any company that isn't a traditional tv provider, has ever been nominated in those top categories. back to you. >> that's what you call making history. scott, thanks.

the emmy awards happen sunday, september 22nd. more than 6,000 buildings are now cleared out as a wildfire rages southwest of palm springs. firefighters say the weather could fuel the flames with temperatures lingering would about 100 degrees, expected through the weekend. at least seven buildings have been destroyed by the flames so far, which broke out on monday. more than 2200 firefighters are battling these flames, which fire is now just 15% contained. we are also keeping our eye on another wildfire burning closer to home. meteorologist christina loren talking about near big sur? >> yeah indeed. that could impact people trying

to hit a campground this weekend. and the two fires combined are certainly putting a strain on the overall resources for the state of california, the mountain fire now almost at 23,000 acres. only been burning for four days total, started at 30 acres much the wind is really driving this fire in addition to the hot, hot temperatures. and they have got 5 to 10% humidity down there the growth potential still at this point is extreme. i made a call to our local to have find out if they were going to head down there and help out the situation. right now, they are busy handling this one, the tassajara fire. this is located in monterey county. give you a better idea where this is. zero percent containment, in the rough terrain out there. they have to fight it by air and on foot. they can't get the fire trucks up there so, this one is another one of concern. i want just to step out of the wake give you a better idea. trying to go camping this weeke weekend, all in the area. so, stick with us. we will keep you updated on both

fires e fires across the state. that time of year we really need to be concerned. show you satellite imagery for this morning. looking good. overall, mostly clear conditions. and high pressure is going to do its job to warm us up substantially, the place to be today and for the next few days is going to be the beach, if you can get out there 67 in pacifica, 69, half moon bay, beautiful day at the beach. in santa cruz, a little bit warm. 77 degrees headed your way today. elsewhere, i am forecasting the 90s, a return of the low 90s,ed 1 livermore, fairfield, cop cord for today, 81 in san jose, 64 degrees in san francisco. so, marla, here is the story friday through saturday extemperatures on the hot side, sunday into monday, actually going to bring in some of that humidity and potential for some thunderstorms, that's what we are watching for that goes all the way through wednesday. so, yeah, got rid of the sticky conditions for a little while but they will be back. of course, like i said before,

we are all over the fires burning across the state of californiaville an update for you at 5, 6 and 11. >> that's the story and she is sticking to t thanks so much. still to come, a new promise this morning from 49ers quarterback colin kaepernick that will have fans very happy. plus, how the a's are trying to help the fans see the newly crowned home run king in action. [ woman ] dear chex cereal,

i've never written a fan letter before, but you've done the impossible. you made gluten-free cereals in a whole bunch of yummy flavors. cinnamon chex and honey nut chex are two of our favorites. when my husband found the chocolate one, we were in cereal heaven. the only problem is, with so many great flavors you're making it very hard to choose. your fans, the mcgregor family. 'cause we love chex.

welcome back. america's cup racing will continue on the san francisco bay this afternoon, but it is expected to be another solo run. emirates team new zealand is slated to race sweden's team artemus at noon but artemus is still in the process of repairing its boat after it capsized in may, killing one of its crew members, andrew simpson. the boat could be ready to hit

the water by next week though. you can catch today's sailing action live on cozy tv and of course, have complete highlights tonight on nbc bay area news at 5 and 6:00. the oakland a's are giving you a chance to see the home run king in action. the team says it will open the gates at the coliseum one hour earlier at all friday home games for the remainder of the season so people can watch and watch this guy, yo when his is he is pedestrian dis. on monday, he won the home run derby during the all star festivities, knocking 32 homers out of the park in new york. 49ers quarterback colin kaepernick can now add an espy to history if i case. he instagramed out this photo last night of his brand new trophy for best breakthrough athlete. kaepernick thanked his family, teammates and others for award

over twitter. "thank you to all the fans for helping me win my first he is spill. know my focus is on that lombardi trophy." we hope so. the south bay art installation that has people scratching their heads this morning. stay with us. [ female announcer ] for the freshest produce, you want to be close to the people who are close to the land. [ rooster crows ] that's why safeway works closely with local growers. the folks whose hands are in the soil. planting and nurturing the kind of delicious produce that gets delivered to safeway every single day.

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welcome back, a march of the pink penguins in the south bay, have you seen this them? look at this, pink penguin statues near the san jose museum of art. they are getting plenty of attention this morning. the three penguins are part of an art installation called migration by artist scotty gorham and photographer christie given. the two collaborated on a similar project, the pallet of the penguins on display outside the dr. martin luther king junior library last december. looks like they got the memo for the pink. >> much prettier to look at. >> thanks for being with us. next newscast at 5:00 tonight. good morning! wow.

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[exhales] [knock on door] hey, i wanted to come say merry christmas before we all leave for the break. oh, thank you, lemon. that's very thoughtful. help yourself to a gift. oh, wow. it's our new handheld photo scanner/paper shredder. [shredder whirrs] oh, well, won't people just end up shredding their photos? well, no, no, it's very easy to use. if you want to photo-scan, you flip the switch to p.s. and if you want to paper shred, you flip the switch to-- oh. i'd like to make an announcement! [all cheering] i just want to say that i'm really sorry for whatever i'm going to do at the party tonight. and i forgive all of you in advance for leaving me passed out by the elevator in my own gravy. merry ludachristmas, everyone! are you gonna do horny santa again, frank? that was so funny last year when i sat on your lap. yes, funny. so big plans for the holidays? yeah, my parents are coming with my brother,