defending himself against two civil lawsuits. >> this stems from a house party last summer. one lawsuit claims that the party featured gangs, booze and gunshots. >> chief investigative reporter, tony kovaleski broke the story. and tonight, we have smith's response. >> that story broke two weeks ago. the civil suits against aldon smith were filled with details and accusations. now, this three-page response lays out the legal foundation to defend the niners all-pro linebacker. >> it started as a friday night party. it ended with guns fired and 14 months later, this lawsuit. aldon smith and former 49er delanie walker, accused of charging admission to a party last summer, at smith's home in the foothills of east san jose, accused of firing illegal weapons, brandishing handguns and hosting a party where two people were shot. legal analyst christian pacone

has reviewed the civil complaint and the response from smith's attorney. is aldon smith at risk here? >> certainly. this is a civil complaint. this plaintiff is seeking money damages. >> reporter: smith's attorney responded with this legal filing. it says one of the shooting victims knew the dangers and risks he was undertaking when he attended that party at smith's 8,000-square-foot home in june of last year. the attorney also wrote, injuries were caused by persons other than aldon smith. >> what's your biggest concern if you're defending aldon smith? >> the press this case is getting. >> reporter: with the civil suit fired, he says the legal wheels start turning. a process that will likely take several months and could last more than a year. >> what's your insight, based on your experience? >> this case is going forward. this is not going to get thrown

out anytime soon. >> reporter: the civil lawsuits do not name smith or walker the gunmen responsible for the shooting. smith's attorney declined any further comment, citing that the pending litigation has not been returned. 14 months have passed since the party at smith's house. the sheriff's department continues to investigate. they have not announced any arrests. and the d.a. has not filed criminal charges. more ahead. >> a lot to unfold. thank you very much, tony. if you have a tip for tony kovaleski or anyone else in our investigative unit, give us a call. you see the number here. or send us an e-mail directly. details on that dramatic standoff in the east bay. police say a despondent homeowner used a gun to try to stop his eviction from his foreclosed home this afternoon. forcing a standoff and

evacuation in a posh subdivision in contra costa county. in the north estate of san ramon. terry mcsweeney has been following the story all day. that man is in jail now. >> reporter: he should be in jail now after getting checked out at the hospital. between the time that he fired that shot about 2:00 this afternoon, and 6:00, when the s.w.a.t. team bashed down his door and threw in the gas, hundreds of people were forced to evacuate, shelter in place or were just stranded. tonight, we're told this crime scene will take quite a while to process because the gas used to force the suspect out needs to dissipate. a dodge charger in the driveway of the home where two deputiede a lock smith and a prosecute manager went to evict the resident. >> fired a shot through the front door, striking the

property manager in his leg. >> reporter: law enforcement evacuated nearby homes and warned other homes to shelter others in place. dozens others were kept out of their neighborhood for safety. >> foreclosure happens everywhere. but you have to deal with it. you can't do stupid things like this. >> reporter: one woman told us she knew the suspect. a nice guy, who had certain money problems. even tried to take in borders to make ends meet. >> he had a problem with the tenet. and we saw the police come over here. to evict the tenant. >> reporter: a sheriff's office spokesman says, by early evening phone communication with the suspect was going nowhere. the s.w.a.t. team bashed open the door with an armored personnel carrier and tossed gas inside. >> five to ten minutes later, the suspect came out and surrendered. he was taken into custody. >> reporter: we're told the

property manager was shot in the leg is in stable condition. this is not a life-threatening injury. the sheriff's department not giving out the suspect's name. only saying he's a 42-year-old man who wanted to hang on to that house. >> terry, thank you. now, to the latest in the navy yard shooting. an officer with the u.s. capital police says an elite tactical team was stopped from responding to the shooting. the officer told a washington, d.c. tv station that the unit responded and was 30 seconds from the gate when a watch commander told them not to go in. we've learned that the gunman, aaron alexis, went to the hospital twice last month for n insomn insomnia. rhode island police warned the u.s. navy about a call they received from alexis. he told them he was wearing voices on august 7th. investigators reveal cryptic messages written on his shotgun. one read, quote, better off this way. there was an emotional response from the mother of aaron alexis.

she apologized. >> i don't know why he did what he did. and i will never be able to ask him why. aaron is now in a place where he can no longer do harm to anyone. and for that, i am glad. to the families of the victims, i am so, so very sorry this has happened. my heart is broken. >> kathleen alexis took no questions. the navy yard is expected to open tomorrow morning. we'll have complete coverage on our morning show at 4:30 a.m. calls for the city of san jose to finish what it started before another child gets hurt. neighbors in one downtown san jose community, want to know why changes in a busy intersection near a school has left kids without a safe crosswalk. it's been months since the crosswalk was removed, leaving kids to fend for themselves during heavy commute times.

that intersection has proven dangerous. >> reporter: absolutely, jessica. this is the intersection we're talking about right here at second and heading. you can see, there isn't a crosswalk. and before and after school, the street is full of kids walking around and cars driving around. and neighbors say there needs to be a crosswalk and a sign put up or another terrible accident is going to happen here. 12-year-old daniel funk walks with a slight limp. and there are small but fading scars on his face. his family says his recovery has been remarkable. four months ago, they didn't know if he was going to make it. >> he was struck by an f-150 and thrown about 140 feet. daniel was walking home from middle school. he was halfway through the crosswalk. the neighbor saw the truck hit daniel and ran to him.

>> i kept telling him he wasn't alone. he was okay. >> take a look how. the crosswalk was gone. and put in bike lanes to slow the traffic down, they eliminated the crosswalk line. >> if it was up to me, we would have done it yesterday. unfortunately, we've had some internal dissension at city hall. originally a crosswalk was planned for the intersection. they started this several months ago. and then, pulled back. >> no crosswalk lines near a school are unacceptable to david funk and his neighbors. he says, it's a disaster waiting to happen. the next child might not be so lucky. >> you can't leave this kind of chaos going and just every morning roll the dice, close your eyes and hope everything comes up aces. >> reporter: you can see where the crosswalk used to be, that black line.

and daniel funk doesn't remember getting hit by the truck or anything that happened that day. and we were given no timetable when a crosswalk will be put in. but the councilman says he will be pushing the department of transportation to put one in soon. >> thank you. we want to take you outside, now. a live look at the golden gate bridge. it could be closed for an entire weekend next year. there's a proposal to install a movable barrier on the bridge. if it wins approval, the bridge will be closed for a selected weekend in 2014. it will be the first time in history that the golden gate will be shut down for more than a few hours. we have more information on the need for a needian. 36 people have died in crashes. 16 of them were head of on crashes that could have been prevented by a median. several head-on crashes in 1996 started the push for the barrier. the bridge district lowered the speed limit, raised enforcement

and hiked speeding fines to try to make the span safer. a follow-up on the damage caused by the yosemite fire. in other words, it's nuked. that's a quote from one of the members of the u.s. forest service. he described the devastation. the rim fire started one month ago and continues to burn. it has scorched a total of 400-square miles. within that, there are 60-square miles that burned so intensely, everything is dead. experts say this kind of devastation has not been seen for about 100 years. apple has new fans tonight, cops. the new iphones due out friday and the operating system released today, police officers are hoping that thieves will have a harder time selling stolen phones, making us all a little safer. jean elle is live in san francisco to tell us more about what's really changed, jean. >> jessica, right now, thieves want your iphone because it's easy to get and erase and resell. but the new iphone, and the new

operating system comes with new safety features. features police hope will be a game-changer. >> i stand in line. there's a line on friday. >> kind of been waiting for the next generation phone. >> reporter: the iphone 5 are generating buzz with apple fans and police. the fspd is dialed in to the friday release because smartphones are linked to more than half of all robberies. >> two out of three robberies in this city involve a mobile phone. we made more robbery arrests than narcotic arrests for the first time in my 30-plus years in the police department. >> reporter: the new iphones come with new security features police are excited to see. a fingerprint center and an activation lock and system. >> that will make this phone less attractive. certainly after a couple get stolen. >> reporter: over at cnet, the fingerprint sensor gets the thumbs up. but analysts say the activation lock that all iphone users can

download is complicated. users have to sign up for icloud and turn on find my iphone to activate the lock. >> i can take your phone, plug it into my computer, wipe it and sell it. with the active lock feature, it requires them to type in your password to get access to it. >> it's about time. it really is. quite frankly, the fact that people are being hit over the head, whether it's in san francisco, berkeley, or all over the bay area, for a cell phone, it's actually ridiculous. >> reporter: police hope everyone signs on and thieves quickly learn iphones are more secure. police also say thieves will continue to target cell phones until they all have additional security features. but tonight, police say this is a good start. reporting live in san francisco, jean elle, nbc bay area news. they're companies that get paid to take the cookie on your hard drive and figure out who

you are and what your phone number is. how companies you've never heard of are tracking you online. we'll look at the data they're collecting from you. also, powerball fever is sweeping the nation. where that winning ticket was sold. and how early is too early to start botox?

ever wonder why things you search for on the web pop up when you're looking for something else, it's because you're being tracked. internet searches can reveal a lot of information about you. >> critics say the companies are collecting too much data.

more than you realize. we reveal the hidden trend. >> reporter: it's the evolution of the digital revolution. technological advances connecting us to whatever we want. sometimes before we even know we want it. think target ads. the ones that pop up on the screen, based on what you search for online. for instance, type san francisco vacation, get the tourist destinations like the golden gate. or hotel deals. convenient, right? but would you feel the same way knowing how targeted ads work? imagine you're in a store. there's the salesperson watching you. what you don't see are the 100 set of eyes watching you. keeping track of what you put up, put down and buy. all from behind the walls. >> it's invisible to you.

>> reporter: alecia mcdonald is detect director of privacy at stanford law. there's dozen of companies devoted just to tracking you. and on this page, there could be 100 of them. >> you have an entire world watching you and you don't know it. >> that's mostly thanks to cookies. those tech files stored on the hard drive that help websites remember you. >> it will be unique to you in a lot of cases, like your social security number, so you can be reidentified again as you go across the web. >> cookies and how they're used aren't new. but -- >> getting sophisticated overtime. we have trackers getting as much sense of where you've been online as possible. >> reporter: that's why companies are investing more time in privacy controls for web users. >> there's over 1,200 companies that we identified. >> jim rock heads privacy at aeg

technology. they developed privacy fix. a program that help users block unwanted tracking. >> it gets rid of the cookies if you want. and to block future tracking by those companies in your browser. >> reporter: he visited one website to show how many trackers would pop up. >> 81. >> reporter: and with one click -- >> they're all deleted. >> reporter: some people might want some tracking. it represents america's largest media and marketing association. it commissioned a poll ha shows nearly 70% of those surveyed want some targeted ads. compared to 16% who didn't. it offers the consumer opt out page. allowing users go to one site and stop targeted ads. critics say it's misleading. >> what you're opting out of is not data collection. it's out of targeted ads from

the companies. >> reporter: access to more personal data is also at risk. >> there are companies that get paid to take the cookie that's on your hard drive and figure out who you are and what your phone numbers is and how much you paid for your house. >> where i go every day. what my commute is. where my kids go to school. >> reporter: and they question how data exchanging hands can be used later. >> does the information that i like fast cars go to my insurance company and everything that happens? it sees what you do online. and is aware of what's going on. and your dreams and your hopes. >> reporter: there are also other ways of tracking. one new method is through digital fingerprinting. identifying web users offisti characteristics of their browser. this technology isn't bad. but the process should be transparent and consumers should

have a say. >> very interesting. thank you, stephanie. google is taking on its biggest opponent yet, with its new project. it is financing a new company called calico. calico is trying to reverse the aging process and extend lives. google and calico are not ready to share exactly how they plan on doing it. but they do say it could be 10 to 20 years before they have anything to show for their efforts. let's bring in jeff raineri as we head into thursday. and suntan lotion is in order. >> one more day of sunshine across the bay area. we'll get into the system with the showers chances in a minute. let's take you outside. you probably notice the full moon. it is called a harvest moon. it's coming into us from our nbc bay area crews. and it's the closest full moon to the autumnal equinox.

farmers relied on the night from the moon to harvest crops before the rain started with the seasons changed. let's look at the forecasts here throughout thursday. we're going to see a little cloud cover against the immediate coastline. i mean immediate coast. you have to go way out to find that. otherwise, clear skies inland. all the way through the day and a little bit of a warmer day. if you like what we had today, you want more, your wish is going to come true. 4:00 p.m., the temperatures around 90. temperatures in the south bay, it's going to go up. but a slight wind from the bay will help to shield you from super hot weather. 85 in san jose. 87 in morgan hill. and 89 in gilroy. hotter here. some wind will help to give us 80 with warming and increase the temperatures in gilroy. 87 in palo alto. for the east bay, it looks great. for a lot of you, these temperatures are going to feel like the 90s. that am yent air temperature,

walnut creek. and 87 in pleasanton. make sure you have the spf out and drink plenty of water. temperatures in the upper 80s can catch up with you quickly. 72 in pacifica. that's looking good. and in san francisco, at 73. 85 in san rafael. mid to upper 80s across the wine country. we look at the changes coming our way by this upcoming weekend. the thing you should know is friday should stay dry at this point. as we advance there, saturday morning, 3:00, 4:00, 7:00 in the early morning hours, we'll get showers in the north bay. you should be dry down here across san jose in the east bay. then, as the system tries to push to the south, it's going to break up. at this point, we're not going to see much for the santa clara valley. the best shot of precipitation will be the north bay. trace amounts. on saturday, also the

temperatures cooling off in the 70s by saturday and also sunday. that fall weather returning throughout monday, tuesday and wednesday next week. get outside and get a look at the full moon after our show, of course. >> we'll look up. thank you. up next, the winning ticket sold tonight for that massive powerball jackpot. there are so many things that we do on a daily basis.

we run errands. we run to the grocery store. in fact, the average american drives fewer than 29 miles a day. the 100% electric nissan leaf goes two-and-a-half times that on a single charge.

it's a car. it just doesn't take gas. [ farrar ] so think about where you go in a day. do you really need gas to get there? [ male announcer ] the 100% electric nissan leaf. nissan. innovation that excites. now get a 2013 nissan leaf for $199 a month. ♪ where would you draw the line? when it comes to botox, you don't need to wait for the lines or wrinkles to form. an article published online today. the author says it's rarely too early to get botox treatments. by doing so, wrinkles can be prevented altogether. we're not talking about teenagers or kids here. but critics say long-term treatments would cost a fortune. and in the end, let to patients looking overtreated. the outcome of the powerball

was 179 million to 1. a single winning ticket was sold. the numbers, 7, 10, 35, 32 and 22, with the powerball number being 19. the winner can either claim an annuity for $400 million or take a cash payout of $223 million. the fourth-largest lottery prize in u.s. history. >> that's a nice income. sewage relocation and the upcoming playoffs. interesting comments from the owner of the a's.

bring in ahmad fareed. last night sewage. tonight, what's happening with the a's? >> this is great news for them. you don't want this to overshadow the season they're having. it is a little bit. the a's battling stadium issues. as well as attendance issues. kate longworth caught up with

lew wolff about the ongoing possibility of relocation. >> if we're going to win it, we're going to win it right here. that's what i want to happen. >> and the farther you go, does that help to get to a new location? >> i don't think -- if i haven't been able to get it by now, i'm not sure that anything further helps than what we've done. and i want a new location so we can -- more compact, a single sport, just like the raiders want for themselves. but getting a little older. maybe somebody in my office will have to take care of that. >> a's owner, lew wolff. a's and angels at the coliseum. josh hamilton, tied with a two-run home run. this one did not leave the yard. but did lead to a sac fly. the a's lose. down to five because the rangers lost. giants visiting the mets. giants up 4-3, in the ninth. two outs. bases loaded.

the former cal bear, not making many people in the bay area very happy. coming through with a two-run single. mets walk off in a 5-4 win. and the colts traded for trent richson today. we'll have to wait until sunday to see if he's a factor when indy visits candle stick to play the 49ers.

a former member of the raiders and a stanford alum is launching his own investigation into a party that trashed his house. the big problem, he wasn't there. it happened labor day weekend. about 300 teenagers broke in and threw a party in holloway's vacation home in upstate new york. he found out about the party via twitter. damage included shattered windows and holes in the walls. 20,000 bucks worth of damage. he is posting pictures of the party on a website, hoping to

identify the teenagers. he hopes the teens will come forward. >> that is not very smart. bad that you did it. bad that you're posting it, too. >> thanks for joining us tonight. see you tomorrow. >> bye-bye.

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quirky.com. and now, jay leno! [ cheers and applause ] ♪ ♪ [ cheers and applause ] >> jay: thank you very much! thank you. welcome to "the tonight show." thank you very much. nice to have you all here. hey, you hear about this story? according to the "orlando sentinel," there was a rally to get tim tebow as quarterback