right now at 11:00, tragedy outside a bay area middle school. investigators trying to figure out how a 12-year-old riding his bike was hit and killed by a mother driving an suv. good morning and thanks for being with us. i'm marla tellez. jon kelley has the day off. this crash happened just before 8:00 this morning near excelsior middle school in byron. this is in eastern contra costra county. nbc bay area's bob redell joins us from the scene, on the phone now. and bob, this just appears to be simply a tragic accident. >> reporter: good morning, marla. chp still investigating the exact circumstances, but from what they know so far, they do not anticipate charges against

the driver of the suv that ran over this body. in other words, they might determine that this was, as you mentioned, just a horrible accident. this happened a little bit before 8:00 this morning on byron highway. this is right in front of excelsior middle school. a mother driving a black gmc yukon had just dropped off her children who attended excelsior. he was making a right-hand turn out of the school's driveway when she ran over what she thought was a ball. she drove another 50 feet or so, pulled over to the side of the road to find out what was under her vehicle, and to her horror, she realized she had hit, run over, and dragged a 12-year-old boy who had been riding his bicycle. chp says he was pronounced dead at the scene, that he was still wearing his bicycle helmet with a sheriff's sticker affixed to the side. the driver is cooperating with investigators. the boy's parents were called out to the scene, obviously distraught. grief counselors with not only weiner unified by oakland school district will be at excelsior today. that school still in session. it was not canceled in spite of this morning's tragedy. chp is still trying to determine

which direction the boy was traveling on byron highway. if you're not familiar with the boy, byron highway is a two-lane road with no bike paths, just paved shoulders. chp also trying to figure out how the driver did not see the boy when she pulled out. they want to remind people to always look both ways before moving into traffic, whether you're a driver, bicyclist, or pedestrian. reporting live in byron, bob redell, bay area news. >> such a tough story. bob, thanks so much. now to new developments overseas. the hostage situation at an upscale mall in the kenyan capital is now in its third day. the mall was attacked by islamist militants from the terrorist group al shabaab on saturday and more than 60 people were killed. overnight and into this morning, smoke was seen billowing from an area near the mall. that's what you're seeing here, as explosions and gunfire were heard. nbc's ron allen has more now from nairobi. >> reporter: right now, there's a lot of concern about what happened inside the mall. there's still a thick cloud of

black smoke billowing out of the building. it's been going on for several hours. it started with several loud explosions, leading to speculation that the militants might have blown up or detonated explosives, which they're believed to be carrying. conflicting accounts on both sides of what happened. both blaming the other, not surprisingly. also, a lot of concern and worry about the state of the hostages. we believe that they began with as many as ten people still being held inside the mall. the government insists most of them have been released over the past day or so, but, again, still, perhaps as many as ten people being held by the gunmen. >> we have done such of the building and we can confirm that the hostages, almost all of them, have been evacuated. >> reporter: after the explosion, barrages of gunfire, some spilling out into neighborhoods, people taking cover. but the bottom line is the kenyan government is determined to try to bring this situation to an end today.

ron allen, nbc news, nairobi. >> we now know at least five americans were injured in this attack, including a uc berkeley graduate. elaine dang seen here in this youtube video from her days at cal is one of the 175 people injured. yesterday she tweeted out this picture here. this is herself in the hospital with a bandage on her head and the caption reads, "proof that i am okay." her employer eat out kenya tweeted this picture of dang getting checked out after the shooting. back here in the bay area, caltrain service in san bruno is back up and running this morning after a construction crew struck a gas main overnight. this happened last night in the area of san bruno avenue and huntington avenue near el camino real. crews working on a $155 million train track elevation project struck the 2-inch line. they were able to stop it after

1:00 this morning. the 49ers' aldon smith is on an indefinite leave of absence this morning as he deals with personal issues stemming from his friday arrest for dui. 49ers' ceo jed york telling reporters after yesterday's game smith will not play thursday against the rams. york says the decision to keep smith in yesterday's game was in the best interest of all parties involved. afterwards, smith apologized. >> first off, i wanted to apologize to the team, the organization, my family, everybody i let down. you know, i also want to let it be known that this is a problem and this is something that i will get fixed and i'll do everything in my power to make sure this never happens again. i also want to let everybody know that, once again, i'm sorry, and like i said, it won't happen again. >> the 49ers, by the way, lost yesterday's game against the colts, 27-7. the 49ers' new stadium, levi

stadium, is running short on parking spaces, now the team is trying to figure out how to fix it. the team says it's about 5,000 parking spaces short of its goal. right now the team is looking at leasing a youth soccer complex right next of levi stadium for additional parking. there's also concern the parking problem could impact the nature preserve, about a half mile from the stadium. according to the mercury news, neither idea is sitting is well with santa clara residents. parents feel the team will end up paving over the soccer fields, and environmentalists are worried about the nature preserve, which is home to a butterfly garden and is believed to sit atop an ancient indian burial ground. santa clara officials are urging people just to stay calm, because there's no final decision on this issue yet. abercrombie & fitch is going to pay up after a bay area woman says she was fired for wearing a religious head scarf. nbc bay area's christie smith is live in san francisco with the details on the settlement just

announced. kristi, good morning? >> reporter: good morning to you. we just spoke with hani khan. she said she was excited to get this job at hollister and company. she said she was saving for college, but since then it's been a roller coaster job. about four months into her job, he was asked to remove her head scarf, but she said she refused because of religious reasons, citing her muslim faith. she said a short time later, a couple weeks, she was let go, she was fired. now a federal judge has found in her favor, today with u.s. equal employment commission, it announced abercrombie & fitch will pay $70,000 to settle two religious lawsuits. hahn worked at the hollister store in san mateo. we looked at their website this morning and it certainly touts its southern california looks. now, according to khan's attorney, the company through a district manager, agreed that she should be fired for violating the looks policy, which doesn't allow headwear. she had been hired, she said,

while wearing it, and worked in a stockroom. she said this news is a relief. >> i'm really happy with the settlement and with the judgment. i'm happy that the judge was able to see that i was wronged and i was wrongfully terminated. it's been a roller coaster for the past 3 1/2 years and i'm really happy that it's been settled. >> reporter: now, a judge said no customer had complained during that time when she was working. the eeoc says that abercrombie will create an appeals process for any new issues that come up like this and make reviews of new religious accommodation decisions that they make. we spoke with or got a response from abercrombie this morning, and they said, as part of our commitment to fair hiring practices and fostering a diverse workplace, we continually evaluate our existing policies. with respect to hijabs in particular, we determined three years ago to institute policy changes that would allow such headwear. we are happy to have settle d

these cases and put these very old matters behind us. and back here live, there's another similar case pending on appeal right now out of oklahoma. reporting live in oklahoma, christie smith, nbc bay area thuz. now, they are some of the richest guys around, but an in depth investigation by nbc bay area has discovered that you, the taxpayer, even helping subsidize some of their travel all over the world. this 757 private jet is just one of seven airplanes owned by the founders of google and publicly owned land at moffett field. now, about everyone has heard of the deal by google founders. but now nbc area's investigative unit has uncovered details records that show the google founders bought jet fuel directly from the federal government at lower than market rates. >> this may have been the

greatest sweetheart deal in the history of nasa. >> tonight, investigative reporter steven stock breaks down the numbers for the first time anywhere. he shows exactly how much h2-11 paid and he shows us in detail the trips around the world those planes took, all using taxpay - taxpayer-subsidized jet fuel. that's tonight at 11:00. still to come in this newscast, and the emmy goes to -- we will we recap tv's biggest night, including some funny moments. and playoff fever in oakland. how the a's celebrated winning their division before their game even ended. plus, absolutely blowout numbers from apple. a huge success with those new iphone 5s. we'll take a look coming up in business and tech. and it feels like fall outside, even though we've got temperatures right now claiming into the 70s. warm day underway around the bay area, but we're also watching a change in the winds, which coul

lead to an increase in fire danger later this week. a look at that in the forecast when we come right back. [ male announcer ] with at&t, you're sure to get a better bundle. just choose the two, three, even four services you want to build a bundle that works for you. [ female announcer ] call at&t now. choose a u-verse triple-play bundle for just $79 a month. get the same great price for two years. plus switch today and get a total home dvr included for life.

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the television industry honored its best last night at the 65th annual emmy awards. the academy of television arts and sciences spread the wealth, but bestowed one of its biggest awards on a show that's about to finish its final season. nbc's stephanie stanton has a wrap from los angeles. >> "breaking bad." >> reporter: a week before saying good-bye, the cable series, "breaking bad" picked up its first emmy as best drama. also part of "breaking bad's" big night, a first-time emmy for ana gun as best supporti inin i actress. but best actor went to first-time winner jeff daniels of hbo's "the newsroom." >> the last thing i won was a

few years ago, i won the best actor over 50 from the aarp. >> reporter: honors for best actress went to claire danes, her second straight win for "homeland." jim parsons won his first emmy for best actor for "the big bang theory." and julia louis-dreyfus had her fourth career emmy. >> it's almost too much to bear. >> reporter: good fortune continued in the comedy series "modern family," as it won for the fourth straight year. meanwhile, another win streak came to an end. >> "the colbert report"! >> reporter: stephen colbert and company snapped "the daily sho " with jon stewart"'s ten-year run as best variety series. >> jon never told me how good this feels. >> reporter: the tune also championed for best competition series. >> "the voice." >> reporter: nbc's singing show, "the voice," won for the first time. >> "behind the kacandlebra."

>> it won best actor for michael douglas, who saluted co-star, matt damon. >> you really deserve half of this, so do you want the bottom or the top? >> reporter: stephanie stanton, nbc news, los angeles. >> back here in the bay area, steve jobs' home may be immortalized. tonight the los altos historical commission is set to discuss a historic proposition of the apple's co-founder house that he grew up in. the house is historically significant because it's where jobs and apple co-founder steve wozniak built the first 50 apple one computers in 1976. jobs first moved into the house with his foster parents in 1968. he met wozniak when they both attended homestead high in cupertino. apple has done it again.

it set sales record over the weekend for its new iphone 5s and 5c. scott mcgrew's huge numbers out of cupertino. >> marla, apple says it sold a total of 9 million iphones over the weekend. you compare that to the 5 million it had the last time it sold a new iphone. and remember the iphone 5, that was this time last year. 9 million, a blowout big number, pleasing many investors. actually, that number probably could have been higher. apple sold out of the iphone 5s. the gold one sold out almost immediately. meanwhile, two groups have hacked the iphone 5s fingerprint scanner. they did it over the weekend. the first to do so was a german hacking group, but this guy was just an hour behind them. here's san francisco-based  security expert mark rogers, shows you how he made a fake fingerprint using various materials, including caulk and wood glue. he was able to convince the iphone that it was real. now, what does this mean for you

and your own security? i think you can probably safely ignore it. remember, everything is ultimately unsecured given the right tools and enough time. a bank vault is going to open if you have enough dynamite. it's quite unlikely bad guys are going to lift your prints off a drinking glass and make a 3-d fake finger to see your text messages. back to you. >> scott, thanks. the a's are headed to the post-season. the a's officially won the title during the third inning of yesterday's game when the kansas city royals beat the texas rangers. fans and the a's celebrated right in the middle of the game. >> this is phenomenal! this is phenomenal! al west champions, baby. two years in a row. >> any predictions? >> theened of october, i can tell you that. >> reporter: in the end, the a's didn't even need the rangers to lose to clinch the title. they beat the minnesota twins,

11-7. they have six games left on the season, all on the road. congratulations to them. team oracle usa has lived to sail yet another day. the defending america's cup champ won both races over the weekend. yesterday, in fact, to close the gap between them and emirates' team, new zealand. they now lead the series, 8-5. the kiwis just need one more win to claim the america's cup. racing will resume today at 1:15. you can see it all on cosi tv, and on-air at 11-2. i was out there both saturday and sunday. everything was canceled on saturday. what about today? today we'll be watching the winds picking up. right now it's a little light outside. we've got beautiful weather out there across the bay right now. there's the view looking across the bay. nothing but sunshine. we're waiting for the winds to pick up right now. we can show you some of the current conditions out there on the water, and what you'll see is a water temperature near 60 degrees, winds southwest, 5 to 15 miles per hour.

and as we jump into the futurecast here, hour by hour with the winds, we're going to watch these winds start to pick up. here you go, 1:00, that race time at 1:15, west wind at 10 or about 8 knots, that's not so good. but by the time we get to 2:00 and 3:00, west wind at 14. again, they would prefer probably up to almost the 20 or just under 20 knot 3. so things improve from 2:00 to 3:00 and those winds will continue to increase as we head into the evening. of course, 6:00 too late for the america's cup. but it does look like we'll see some improving wind conditions out of the west as we move through the afternoon. temperatures around the bay area right now, 60s and low 70s. we should be on our way to some 80s inland today. most locations running 5 to 10 degrees warmer than yesterday at the same time. so it'll be an interesting week ahead. we've got these chilly mornings with the clear skies, 40s and 50s. so you need the jacket for the morning. right now, mainly clear skies, and for later on tonight, we'll start to see the low clouds approach the coast, and there is

a slight chance in the north bay as we get into later on in the week, a chance for a few showers, perhaps by wednesday. so today we're watching the low clouds come back to the coastline, and maybe some drizzle on the coast later on tonight. a quick check of our temperatures today, low 80s out towards the tri-valley, areas south of san jose, nice, 72 in san francisco, upper 70s in oakland. tomorrow, things are start to cool down. here comes that slight chance of showers. mainly north of santa rosa on wednesday, and watching for offshore winds friday and saturday, dry winds can lead to fire danger as you approach the weekend in the hilltops. >> a little roller coaster there. rob, thanks so much. still to come, the raiders, are they getting a new mascot? we'll show you why fans are not happy with this guy. stay with us. [ female announcer ] these are the crescents you love on a holiday.

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so it seems the giant's sergio romo has a sweet tooth. he has a new ice cream on store shelves. romo has teamed up with three twins ice cream to create mexican chocolate. the organic ice cream will include the tag line, quote, it only tastes illegal. to bring more attention to the immigration debate. the ice cream flavor was developed after last year's world series parade, in which romo wore a short as you can see it says there, "i just look illegal." we're getting more information on what caused the latest sewage trouble at o.co coliseum. someone stuffed a towel down the toilet. the paper says the area is off-limits to everyone, except the athletics. and there's no word on who the culprit actually is. the oakland coliseum authority has hired a pr firm to fight the bad press from this latest sewage issue.

rumors are flying the raiders have a new mascot and raider nation is not pleased. espn's darren rovell tweeted this picture of the raider rusher. over the weekend, the raiders have decided to make this guy the new team mascot. the raiders have not comments. the raider rusher reportedly developed as a character on the nickelodeon show, "nfl rush zone." the raiders, by the way, they take on the broncos tonight, monday night football at 5:40. still to come, an odd find in a backyard. a moose on the loose in colorado. stay with us. ♪

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all right. imagine looking outside your window right now and seeing this guy in your front yard. a moose is on the loose in colorado! police in broomfield, colorado, say this moose, he's just been hanging around the area for a few weeks now. police and animal control

officers, they're actually watching him and make sugar it doesn't harm anyone. and they're hoping the moose is just going to leave on its own. in the meantime, police are asking people in the neighborhood to leave the animal alone. he's just wandering by. >> like, if i sneak up here, no one will notice me. >> he looks like a big rudolph the red-nosed reindeer. >> a sign that maybe we're thinking ahead to merry christmoose later on. this week, typical of fall. a roller coaster of weather coming our way. today, the warmest day of the first half of the week. nothing like we saw saturday, record rainfall. we're talking maybe north of santa rosa there on wednesday. and then we have to remember the wind shift friday into saturday. looks like an offshore wind event, which means even for the hilltops, we'll have to watch fire danger early in the week. >> and you're in for christina, because it's her birthday today. happy birthday, christina. thanks for being with us. have a great day. [ superfan ] we're hitting the road to help america discover the new helper.

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- lemon.o ho - i just got my bridesmaid's dress for cerie's wedding. it is a vietnamese size two. - dressing up isn't any easier for men. do you know what it's like when a younger man shows up wearing the same cufflinks? you might as well be invisible. - yeah, well, i'm not gonna let this dress win. i have a plan. this morning, i joined-- - a suicide cult! - a gym. what do you want, jack? - i just received a call from don geiss' estate lawyer. apparently, i've been named in his will. - i know this is a difficult time for you, but word of advice: if the will says that you have to spend the night in a haunted house, you better hope that everybody else there is black guys and sluts. - i just want something to remember the man by. - okay. - his pen or his tie clip. maybe that boyhood sled he held so dear. i believed he called it... sleddy. something which i, in turn, can then pass on to my...protege. - [gasps] any chance it's one of those bendy hospital beds?