tv NBC Bay Area News at 11 NBC September 5, 2013 11:00pm-11:36pm PDT
rethink possible. we investigate why regulators allow tons of auto waste in our landfills. and new details of an nbc bay area exclusive. a second lawsuit has been filed against aldon smith. a park worker accused of running over a mother at a city park and then leaving the accident. good evening, everyone. >> it was a sunny afternoon today at a popular san francisco park. and it turned deadly. a mother lying with her baby and dog on the grass, was hit by a city truck. tonight, a park employee was accused of hit and run. jean elle is in the neighborhood.
and a lot of people say reckless driving is nothing new about this park. >> reporter: people who live here, have told me they were worried someone would get hurt by the drivers. they are stunned a mother has been killed. strangers are now leaving flowers here, where the mother was laying with her dog and her baby, when she was run over and killed by a city rec and park worker. >> kids and dogs here all the time. and they know that. >> reporter: this man says rec and park workers who drive in holly park should know to be careful. this afternoon, witnesses say one driver, in a green city pickup, like this one, suddenly turned off the paved path and on to the lawn, where a 35-year-old woman was laying down with her baby and dog in the sunshine. the driver went down the hill and drove right over the woman, as people screamed at him to stop. the mother died from her injuries. >> this is a tragedy.
that is them not paying attention. being out of control, doing what they want to do. >> reporter: her baby and dog were not hurt. the driver kept going. police caught up with him minutes later and arrested him for leaving the scene of the accident. he will be tested for drugs and alcohol. parkgoers have worried about someone being hurt. >> sometimes they just ride through. >> they're always driving up there lately. i don't know why. it's been a pet peeve of mine because they ruin the grass. i've seen them drive randomly off the path. >> reporter: rec and park is not identifying the driver but says he has worked for the kept the since 2006. tonight, he is under arrest. and a san francisco father is caring for his baby while mourning the loss of his wife after a day at the park. tonight, the medical examiner's office is not releasing the name of the victim. the investigation into why this happened is ongoing.
reporting live in san francisco, jean elle, nbc bay area news. she knew her killer. tonight, we're learning more about the violent murder of a san jose mother. rena was found dead in her minivan in san jose. her husband said her throat had been slashed. police have arrested a suspect. but they're not releasing his name, even to her family, which is devastated by her death. her sons can't imagine who would want to hurt their mother. >> she was a great mother. she was like -- held this house together. just an amazing mother that no one can ever replace her. >> figaro worked as a yard duty supervisor for the past 12 years. today, grief counselors were on campus helping students cope with her death. it's getting worse for aldon
smith. just three days before the niners kick off their season, nbc bay area has confirmed a second lawsuit has been filed against smith. tonight, we're learning new details about his house party in the san jose foothills. this time, allegations of drugs and gang alg activity. tony kovaleski has today's new developments. >> i'm really just focused on what i've been focusing on. that's football. >> reporter: while aldon smith was answering questions on wednesday about the first lawsuit, this second lawsuit was filed in santa clara county. like the first, smith and former 49er delanie walker are named as the defendants. this time, it comes from an attorney from adam reyes. it says he is a friend of the first plaintiff. he received serious, catastrophic and permanent injuries. both lawsuits painted a similar picture of the events of june 29th.
and the morning of june 30th, at smith's 8,000-square-foot home in the east san jose foothills. in the lawsuit, he accuses smith and walker of knowing gang members were at the party. it says, during the course of the party, the defendants became aware there were gang members and persons armed with weapons at the premises. the lawsuit claims smith had recently hosted similar parties at his home. it reads, defendant smith has established a pattern of having wild and boisterous parties at his house. the legal document says the party was advertised widely, including on the internet. it includes, drugs were used in a wide and notorious fashion at the party. it claims that smith and walker charged patrons for drinks. and serving a concoction the defendants named jungle juice.
>> the legal team has emphasized there will be no further comment. smith is expected to play this sunday afternoon against the packers. $77 million spent fighting an illegal campfire. that's what may have started yosemite's rim fire, one of the worst wildfires in state history. investigators believe a hunter's wildfire parked the fire back on august 17th. it went campfire to raging inferno fast. investigators haven't released the name of the hunter or announced they will face charges. three weeks later, the rim fire is still burning and it's blackened 370-square miles. now, the debate over whether the united states should launch a military air strike continues. the president is at the g-20 economic summit in russia, trying to get support of other world leaders. here at home, mr. obama has to c convince the congress and
people. >> reporter: people are sounding off on u.s. military strikes in syria. democratic u.s. representative carol chshea porter of new hampshire says, people are divided. not this time. >> almost everybody says no to these air strikes. >> what's coming in is overwhelmingly negative. there's no question about that. then, they don't know what i know. >> reporter: only 32% of americans polled by the pew research center this week, said the president had given a clear explanation of why the u.s. should launch air strikes. >> none of us want to use force. >> reporter: nancy pelosi says it's clear the president hasn't been clear enough in convincing the public. >> i think the president has to make a clear case that he did do if the assad regime is responsible. and that this will be a limited,
tailored, focused, attack for the purpose of deterring future use of weapons of mass destruction. >> reporter: congressman mike honda says his biggest focus is for the u.s. to avoid going after the, quote, bad guys on its own. >> it could be a violation of international law. i think we should be cautious about how we move and respond. >> very emotional. none of us, again, want to use force or initiate the use of force. but again, there's an equity to be weighed. and that equity is about sending a message to assad and others who would consider the use of these weapons. there's no accountability for an end-to-end process and making conclusions. >> still to come, tons of hazardous auto waste dumped in
[ female announcer ] it's time healthy gets a dose of happy. new yoplait greek. bye-bye, stir. so long, sour. hello, happy. it's time to lick the lid again. ♪ a trip to the monterey bay aquarium became extra special for a little girl. this is 9-year-old dakota wood and it's gone viral after her mom posted it online. a puffin showed preference for dakota. and it started prancing along with her as she ran back and
front in pathe enclosure. >> jessica, there's something about animals and kids. you put them together in a video and sometimes magic happens. in this case, a horned puffin, the bird on the islands and the waters of the north pacific ocean. friends of a 9-year-old girl from los gatos. and what happens next is fun to watch. for 49 seconds. >> that puffin just started interacting with her. >> reporter: 9-year-old dakota wood ran around with a horned puffin bird. >> i went to the edge of the tank. and he decided to follow me. the puffin's following me, mom. >> reporter: dakota's mom seized the moment and captured it on video. >> i think it's the animal interacting so closely with humans. there's so many people that would love to have an experience like that. it's amazing because it doesn't happen.
you don't see that very often. >> reporter: there was something about dakota the puffin really liked. whatever it was, the bird wasn't about to let the glass tank get in the way of their relationship. >> i think it's really cool. and i realized i made a new friend at the aquarium. >> reporter: just when they were really starting to click as jogging mates, mom said it was time to go. >> stop and say good-bye. >> reporter: leaving the puffin all by itself. but at least the wood family has video they can watch over and over again. >> he was just enamored with her. it makes me smile every time i watch it. >> i think i want a pet now. >> we asked dakota where she would go when she goes to the aquarium. she'll visit her friend, the puffin first. and run around for old time's sake. >> thank you very much, george. so cute. let's switch gears for you. is it the biggest breakdown of toxic regulation in the state.
>> it would be the single-biggest hazardous waste stream if all of it was classified that way. why isn't it? vicky nguyen continues our investigation. not many people know about this department. but it could affect a lot of us. >> reporter: and not a lot of people know about this shredder waste industry. what it is the bits of plastic, metal, chemicals that are left over from scrap cars and appliances. back in the late '80s, the biggest medal recyclers were given a pass to take the waste and dump it into regular landfills. that really saves them millions of dollars. but by 2002, state regulators were told by their own scientists, the treatments weren't enough. the department said it would take away the exceptions for the industry. but now, in 2013, that still hasn't happened.
this is where cars and appliances go to die. california's seven biggest metal shredders, including this one in redwood city and in one in oakland. crush the junk cars into small chunks of metal to be recycled for profit. the industry is a big one. bringing in $5 million a year. but what happens to the leftovers, including plastics, engine fluid, and painted metal? the shredded waste, also called fluff, is treated with a cement coating. and trucked across the state. but a growing chorus of critics, say the treatment that's supposed to make this fluff safe does not last. >> we had no idea that this was the potential hazardous industry in our community. >> reporter: jesse marquez is president of the coalition for a safe environment. he lives near a metal shredder in southern california. >> you have gas tanks that have
residual gas in it. metal parts will be painted. and it is toxic and hazardous. we've identified lead and other chemicals that are part of the scrap metalling process. >> reporter: in a 2002 study, a scientist found that treated fluff from at least two facilities exceeded the state's threshold for sync and cadmium. and the varying chemicals linked to cancer were found in all of the samples he tested. wood represented they stop classifying this waste as nonhazardous. >> we have determined that the waste needed to be treated as hazardous waste. >> reporter: six years later, maureen took action. in 2008, she sent a letter to the shredder industry, stating they would stop allowing treated fluff to be classified as nonhazardous, to prevent the
harmful exposures to toxins. what happened? >> i don't know. everything i tried to do was tossed out. >> reporter: it still hasn't reclassified the treated fluff as hazardous. >> there's no accountability for an end-to-end process. and making conclusions. >> reporter: today, current director debbie rafael says the issue is under review. doesn't they consider shredder residue to be hazardous material? >> the issue of shredder residue has been on my radar since very early on. that's not a simple question to answer. once it's been treated, we believe that it is no longer hazardous. >> reporter: why isn't dtsb taking back the action of the exceptions? >> we need to revisit them. >> reporter: revisit them. but will you take them away? >> i don't know yet. but i can promise that i have my best people working on this that will be coming back to me with a recommendation. >> they need to be able to make
decisions. >> reporter: an industry lobbyist fought the changes. the shredders pay about $35,000 a year in generation fees. if the waste was consider eed hazardous, those fees would jump to $500,000. industry representatives declined our requests to speak on camera. but in letters to the state, saying if the rules were changed, recyclers would ship the waste out of state. they say treated fluff does not pose a threat to human health or the environment. >> i did my best. i tried. >> reporter: former director, maureen goreson says the only way to address the issue is for lawmakers to step in and restructure the department. >> nobody's responsible. it's like a giant assembly line with no beginning and no end. and people are just assigned to a spot on it. and they -- oh. i just hammer like this. or i put in the screw. and it's like, what are we doing here? you know?
it's a fundamental organizational management problem. >> the durant dpsb director has reviewed another review of the shredder waste issue. she expects results next year. this has been going on for a long time. and doesn't look like it's an issue that will end soon. >> another year, you said? >> yes. not this october. >> right. >> and you will be on it. >> we will. >> if you have a tip for our investigative unit, give us a call or send us an e-mail. let's check in with jeff raineri. the heat is on. >> yeah. and we're going to see some big warm-ups tomorrow and by this weekend. the low pressure has been keeping us average this week. here is the thing as we head throughout tomorrow, this is going to be lifting towards the north. once that moves out of the way, high pressure has clearance to set up shop across most of the
southwest. not only hot air with this, but dry offshore winds that will be increasing our fire danger. right now, at this very second, down in the south bay, we're starting to see the winds shift out of the north, also slightly out of the east. about 5 to 15 miles per hour. and that will be good enough. that offshore wind, as that continues to develop to give us great beach weather this weekend. you're going to be able to see, in santa cruz, we're looking at conditions that will be in the 80s for friday, saturday and also on sunday in the forecast. and plenty of sunshine. some of the best weather at the beaches is going to be santa cruz. let's take you to emeryville. clear skies. nothing in the way of fog. a beautiful shot tonight and sparkling at the current moment. temperatures slightly above average in the south bay. a wind will keep temperatures not too hot for tomorrow.
87 in san jose. 87 in morgan hill. and also, 88 in gilroy, and 88 in los gatos. you're closer to the hot air that's going to be building in from the central valley first. dublin at 90. walnut nut creek, throughout the friday forecast. and anyone at the coast, when you start to hit 70s in pacifica, we have a little of a warm-up on the way. enjoy this on friday. it's going to get hotter this weekend. 73 in san francisco. 79 in berkeley. 80 in oakland. and 90 expected in napa. you look at some of the hottest weather we expect for this weekend, what you're going to find as he head throughout saturday and sunday in the forecast, the temperatures will be warming up close to 100 degrees. and here are some of the hottest. livermore, 97 degrees by saturday. napa, 95. palo alto, 91. and south san francisco,
expecting temperatures in the 70s, as well. on the seven-day forecast, we're going to find conditions staying hot all the way through monday. and by wednesday and thursday, we start to cool off. so, at this point, saturday, sunday and monday, if you want to head to the beaches, we know the beach weather is rare, make your plans now. i have a vision of just people, throngs of them, up and down the coastline, enjoying the weather. >> thank you for the vision, jeff. coming up, millions of teens are trying those electronic cigarettes. find out why doctors think it will lead them to the real thing. ♪
[ horn honks ] kevin! toaster strudel, yah? ♪ warm, flaky, gooey toaster strudel. faster than kenny can dodge a question. honey, how'd that test go? [ female announcer ] in just 60 seconds, you've got snack-defying, satisfying mmmm. totino's pizza rolls. mmm hmmm. mmmm. [ female announcer ] zero to pizza. pronto.
to many, it's a cool, new trend. but e-cigarettes are also a health issue. >> middle and high schoolers have tried them. should parents be concerned? they're not real cigarettes. but that doesn't mean they don't have health risks. using an e-cigarette is called vaping because it delivers nicotine in a water-based vapor.
critics claim they're a gateway to real cigarettes. because it's such a new technology, long-term health effects are unclear. if you have a google gmail account, big brother is watching. and google says, what they do is completely legal. google's attorneys say no people read your e-mails. but an automated process scans your e-mails to cause the process. the lawsuit filed in may, says the mountain view-based company unlawfully opens up and reads private e-mails. up next, a wild night in the nfl. and the a's battling to stay in first place. ♪
♪ turn around ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing really good around ♪ ♪ turn around ♪ every now and then i get a little bit tired ♪ ♪ of living off the taste of the air ♪ ♪ turn around, barry ♪ i finally found the right snack ♪ ♪ with our new, improved peanut butter chewy bars. let's bring in dave feldman, the hardest-working man.
>> how are you guys doing? i may be hard-working. i'll tell you who is talking a lot. it's former 49er and current fox analyst, randy moss, who shared his thoughts on vernon davis and colin kaepernick yesterday. it did not seem like they had a rapport. they have not shown that yet. with anquan boldin, it gives them freedom to pass the ball more. vernon took the podium today. here's what he had to say. >> me and colin, we're on a different level than where we were last season. you have to think about it. a quarterback just steps in. it takes some time to really learn his receivers. so, you know, that's all based on timing. predicated on timing. had more than enough time to really build on what we started. my opinion is totally different than what he's saying. i think that we -- we're on a
different level, for sure. giants hosting the d-backs. bottom four. 1-0, giants. hector sanchez, to right. sandoval collides with the catcher. goes back to the plate. pablo is on base. the d-backs go on to win, 4-2. a's taking on the astros. top two, 1-0, astros. two on, two out. a single to left. yoenis cespedes displays the ball. two runs score. 3-0, astros. 3-2, the astros beat the athletics. the 14,000th warriors season ticketholder got a nice surprise here. harrison barnes paying for his tickets. and in the first football game of the nfl season, the denver broncos beat the defending super bowl champs by a final score of 49-27.
peyton manning threw for seven touchdowns. the last guy to do that, cal former quarterback, joe cap, in 1969. raj was only 20 years old. it's been a long time. >> and joe cap lives in los gatos. he might be watching us tonight. thank you, feldy. >> a lot of good information from feldy there. thank you. we'll be right back. so what can i get you? we'll take something tasty and healthy. ♪
♪ if you wanna go and fly with me ♪ ♪ it's buzz the bee on your tv ♪ ♪ oh how did i get this way? ♪ hey! must be the honey! ♪ there's a party going on in your cereal bowl ♪ ♪ o's can help lower cholesterol ♪ ♪ oh why does it taste so great? ♪ ♪ hey! must be the honey! ♪ ♪ hey! must be the honey! ♪ hey! must be the honey!
it looks beautiful. and that's the issue here. traffic slow on the bay bridge, it's a little slow. >> that's because people are slowing down to look around. chp said traffic was a little better today. but people are using the bridge earlier and later times. not just the usual commute hours. a lot of time on the bridge. two most common citations so far. speeding and then, wandering around, snapping pictures. traffic to san francisco heading east on the bridge, still
sluggish. the chp expects big numbers for the biking and pedestrian path, as well. officers will be monitoring the crowd and the speed. 15 miles per hour if you're on a bicycle. >> it sounds like you're scolding for taking pictures. thanks for joining us tonight. we'll see you tomorrow. >> bye-bye. [ superfan ] we're hitting the road to help america discover the new helper. you've got to try this sweet & sour chicken helper. i didn't know they made chicken. crunchy taco or four cheese lasagna? can i get another one of those actually? [ superfan ] hey, america, we're here to help. ♪ [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant.
when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant shhhhh! in our day, we didn't have u-verse high speed internet. yeah, our babysitter didn't have a million ways to serve mom up on a silver platter. we had to count sheep to fall asleep. and i always worried that i was creating an overcrowded sheep farm. in my head... never looked like that farmer took proper care of those sheep. too much? a little. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible.
and new back to school oducts. and now, jay leno! [ cheers and applause ] ♪ [ cheers and applause ] >> jay: thank you very much. [ cheers and applause ] there you go. thank you. thank you. welcome to "the tonight show." thank you very much. [ cheers and applause ] that is very kind. you all -- [ applause ] you all look excited, nfl football came back today.