and that breaking news is in menlo park. right now police are investigating a suspected dui crash that killed two people out for an early evening stroll with their dog. >> police say the man and woman were hit from behind. just before 7:00 this evening near constitutional drive. >> police arrived to find a car across the street smashed into a tree and a driver who they say appeared to be drunk. nbc bay area joins live on the

scene. >> reporter: menlo park police will be out here quite a while. the bodies of the victims are still out here. i'll step aside to get a better look at the scene. 54-year-old marjorie from redwood city will be facing charges of two counts of gross vehicular manslaughter while intoxicated. as well as two counts of felony dui. this crash happened a little before 7:00. officers say a man and woman in their 50s were walking the dog west of constitution when the car allegedly hit and killed them. police are looking into how fast she was driving, but both victims were hit from behind. officers say the car then went over the center divide and hit another car. four people inside that car were not hurt. investigators say it will be a few weeks before we find out how much alcohol was in this driver's system. rightsell was taken to stanford hospital. once she's released, she will two to jail. the victim's dog was taken to an animal hospital are minor

injuries. it's a commercial area with many businesses. it is nearby the bell haven neighborhood. police have not released where the victims lived and they will be out here. the investigators will be out here for quite a while as they investigate. that's the latest here. live in menlo park with breaking news. nbc bay area news. we want justice. we want justice. straight to santa rosa. resonating with anger for a second night. as new information emerges about the shooting death of a 13-year-old boy, carrying a replica assault rifle. tonight questions about boy's autopsy. while sheriffs deputies used deadly force and whether race played a role. nbc bay area's cheryl hurd is in santa rosa where that march took place this evening. cheryl? >> reporter: jessica, there are still a few people out here and some are trickling in tonight. basically candles, flowers, and balloons remain. earlier tonight, there were hundreds of people at this location. some marched to this location from different parts of the

city. meanwhile, there's new information out tonight from the santa rosa police department, regarding the autopsy. it says lopez was hit by gunfire seven times and tonight the community wants to know why. ♪ people belonging to different faiths grieve in different ways. tonight, the community came together as one. >> lord, we realize there is a call to darkness. >> reporter: to mourn the death of 13-year-old andy lopez. >> we're not going to stand for this. this was an unnecessary killing. >> reporter: lopez was shot and killed by a sonoma county sheriffs deputy tuesday afternoon. police say they thought the replica firearm he was carrying was real. lopez's mother issued a statement today saying she wants justice for all the kids who live in this country so this won't happen again to anyone else. >> this wouldn't have happened if this was an upscale kid from

fountain grove, but because it was someone from the ghetto, and sonoma county, it was allowable. we're not expendable. and we're going to make our voice be heard. >> reporter: tonight, dozens of people took to the streets. protesting the shooting throughout the city. >> he went down on the first shot. why did they find it necessary to continue shooting? this is my question. >> i think there's time after the grieving process to go back and really find out what happened, and what we can do better in the future to make sure it doesn't happen again. >> reporter: until then, people who live in this community say they will not rest until they get justice for andy lopez. snoeth . police also released a timeline tonight. they say that they got a call of a suspicious person in this area

at 3:15. four minutes later, they called for backup. and six minutes after that, shots were fired. another protest is planned for noon tomorrow at santa rosa city hall. a big protest is planned for next tuesday. reporting live in santa rosa, cheryl hurd, nbc bay area news. the mexican consulate hired a private agency to investigate the shooting. day were at the scene today taking pictures. nbc bay area learned it was the same agency hired by a family in los angeles back in 2010. when a 13-year-old named ryan gomez was shot by los angeles police. the cases are strikingly similar. in the l.a. case, gomez was playing cops and robbers with his friends outside his apartment building. police shot him thinking the replica firearm he was carrying was a real one. gomez was paralyzed in the shooting. last year a jury awarded him $24 million. more details now. a state senator from los angeles says it's time to make real --

make fake guns look less like the real thing. senator kevin deleon says the fatal shooting could have been prevented. he blames toy gun manufacturers for creating fake guns that look real. the senator says it's extremely difficult for a police officer to distinguish the two. he's pushing for legislation that would force toy gun companies to make them less realistic. senator deleon says he would like to see fake guns with neon colors similar to the old clear squirt water guns. new tonight at 11:00, more trouble tied to the levi 49ers stadium project. monday, santa clara police arrested subcontractor vincent latona, a supervisor at the site. he faces five counts of grand theft and two counts of burglary. latona stole from his employer, cupertino electric. investigators say it doesn't appear he stole from that construction stadium site, but they're still looking into the case. wrongful death and personal

injury lawsuits filed today by the families and the survivors of that deadly limo fire on san mateo bridge. back in may, nine women were on their way to a wedding celebration when the limo burst into flames. five of them didn't make it out and died. four survived. in august, investigators ruled that the fire started when the rear suspension failed. the families' attorney says the company responsible for the modification and maintenance of the limo are at fault, suing the limo manufacturer and operator and repair company. a close call for a big rig driver tonight. during the evening rush hour the driver crashed on the 280 connector ramp in san francisco. the cab of the truck dangled above 101. the driver got out okay. no one else was hurt, fortunately. the crash backed up traffic for miles and miles while police shut down the freeways to clear the scene. b.a.r.t. riders can expect more frequent delays after safety changes were made today

following the deaths of two b.a.r.t. workers. b.a.r.t. board of directors permanently ended a policy that made workers solely responsible for being on the lookout for oncoming trains. train operators will now be required to slow and possibly brake before approaching areas where workers are on or near the tracks. christopher sheppard and laurence daniels died saturday when hit by a train operated by a b.a.r.t. trainee. a group of pro labor activists is demanding the b.a.r.t. board be held accountable for the deadly crash. >> we're saying there needs to be a criminal investigation. we think the b.a.r.t. board of directors are personally responsible. they never asked the manager about this situation of bringing in replacement workers to train. >> b.a.r.t.'s board of directors says it is considering other safety measures such as arm bands that alert workers of an oncoming train. bicycles will get a permanent spot on b.a.r.t. trains even during rus hour. b.a.r.t.'s board approved that

change today. there are a few rules. bikes are banned from the first train car at all times and in the first three cars during commute hours. the new policy is effective immediately. san jose police are looking for a hit-and-run driver who killed a man as he walked down the street. joel jr. of san jose. police say a driver hit him on capital expressway near center road early sunday morning. he died from his injurieses a few days later. authorities are now looking for the driver and the car which they say has a broken front window and front end damage. a violent case of road rage. fremont police are searching for the man who they say shot another driver because he was apparently driving too slowly. it happened during this morning's commute when the two drivers got off southbound 680 and on to mission boulevard. police say the angry driver shot the other man several times then sped off. the victim is in the hospital but expected to survive. i'm chase cane live in san

francisco. you would not confuse a bag like this for a louie vouitton bag, would you? how did that lead into a man getting arrested and losing his pet chihuahua? straight ahead. we're following a developing story. five people injured after a carnival ride malfunctions. what we're learning about that accident tonight. they may seem like a perfect addition to your halloween costu costume, but doctors say they could lead to serious damage. we're back in two minutes.

new at 11:00, a filipino

immigrant arrested spent more than a month behind bars and lost his dog all because he was accused of animal cruelty. a jury found the man innocent but still he can't get his beloved pet back. nbc bay area's chase cane is live in san francisco with more on this story. please explain, chase. >> reporter: well, you know, you can call it stereotyping, profiling, call it what you will. this man's attorney says she believes this all happened because she's an immigrant. he doesn't have a lot of money and he was walking through the streets here in downtown san francisco carrying some of his personal belongings in a big plastic bag like this. on top of that bag, he was carrying his dog. a two-year-old little chihuahua. and she believes that is what set off this whole thing that now has this man begging for his pet back. >> very brutal act is what they're accusing him of. >> reporter: public defender abigail rivimonte works hard for all her clients, but filipino

immigrant morris verian truly needed her help. the man on lethe left in a dark jacket, with his chihuahua, aubrey, picked up by a security guard after someone called poli police. >> he's accused of getting his eight pound chihuahua, grabbing it by the neck, throwing it as hard as he could like a baseball against the wall, a cement wall. >> reporter: those claims led police to arrest him who spent 37 days in jail on animal cruelty charges after this man, glen myers, says he witnessed a violent attack against the chihuahua. the dog seemingly fine on this surveillance video moments after that alleged attack, which was not seen on camera. he says he was just walk along third street here near mission when the dog jumped off of his bag and ran into the street. bent town and got the dog before any cars came by, but to teach the dog not to run into traffic again, he says he just scolded

the dog and that is what started this whole thing. >> the key thing here is that i think he was stereotyped. mr. verian, as you'll see in the video, he had aubrey in a plastic bag. but let's be honest. it's not a louis vuitton purse, not a fancy designer bag. if you see a dog in a plastic bag, that caused people to judge him. >> reporter: however, a jury acquitted verian of any abuse in just 40 minutes of deliberation. but while he's out of jail, his beloved dog, aubrey, was adopted by the same man who reported the attack. >> oh, he's been upset. he's been upset, very saddened by it because through this entire process, not only is he being falsely accused, but his family member is being taken away. very sad about it. >> reporter: that attorney also told us that right after all this, a veterinarian examined the dog and found no injuries. because of that, she says the charges should have been dropped right away. because they are not, this man

is still trying to get his dog back. now, we did try to reach glen myers, the man who reported this crime. we e-mailed him. even stopped by his office and left a mess saj for him to call us but has not responded for us to get his side of the story. the public defender says though this case is wrapped up, she's still working to find out if there's a way for mr. verian to get his dog back. live in san francisco, chase cane, nbc bay area news. >> thank you, chase. following a developing story out of north carolina tonight. where five people were hurt at the state fair. authorities still interviewing witnesses and some of the riders trying to understand exactly what happened on the vortex. they say it appeared the ride had stopped and the people were actually getting off, when the vortex suddenly started up again. >> it just sounded like a bunch of stuff hitting metal. and that was it. and then there was no screaming. i didn't hear any screaming and nothing out of the normal on that end, but then all of a

sudden we had the ambulance and state trooper activity after that. >> one of the injured, the operator who was helping people offload when it started moving again. now on nbc bay area follow-up. u.s. auto safety regulators decided not to open a formal investigation into that fire that damaged tesla electric car near seattle earlier this month. investigators say there's no indication the fire was caused by a safety defect. the investigators say the fire started after the tesla model "s" hit road debris and punctured a shield and the battery touching off a fire that engulfed the front of the car. the driver escaped without any injury. spokesperson for the palo alto-based company says the incident is the only fire ever to happen in one of its batteries. the numbers are out for what could be this year's hottest ipo. twitter announced today that it will offer 70 million shares at a price range of $17 to $20 each. that would rake in as much as $1.6 billion for the company. and would put twitter's market

value at $12.5 billion. so look for the symbol, twtr, on the new york stock exchange early next month. the bay bridge sprouted four more palm trees today on the new eastern span. caltrans planted the first four yesterday. they're full grown canary island date palms which are the same ones that line the embarcadero in san francisco. a total of 30 will go up between the eastbound and westbound lanes by next spring. >> they look nice. the question to jeff rani i ranieri, can we see them in the morning because of the fog? >> going to be a little bit tough. we're looking at improvement, ladies, as we take a look at the fog for tomorrow. a system developing offshore. just a slight change right now in the pacific is helping to stir up our atmosphere offshore. we do have forecast updates to bring you in that first look forecast. a lot of you notice how clear we were from about 7:00 to 10:00 for tonight. that's going to contribute to our forecast for tomorrow. i do think we will still have

plenty of cloud cover at the coastline. also areas of clouds by the bay, but not as thick inland as 8:00 a.m. patchy low clouds situation with temperatures in the mid 40s. mostly sunny skies by the noon hour for the east and also the south bay. by the afternoon, sun at the coast, the bay, interior valleys with a warmer day on tap. let's take you outside to the high definition sky camera network. again, this friday forecast update. it's all about the wind helping to improve the fog. more on that coming up in a minute. we'll also take you off to the south. see mainly clear skies here. we still have haze, moisture in the lower atmosphere so we cannot rule out completely, again, areas of fog here in san jose. but overall, increased sunshine and also warmer temperatures coming our way. so let's get a look at that fog factor forecast. we shifted this a little from earlier today. under the biggest impact, the coastline, also north bay counties. we've taken the east bay and south bay out of the equation at this point. expect patchy areas and low

clouds. by the afternoon, things shift for us. wind moving out of the south slightly offshore. that's going to help to push all this fog out and clear our patter out with much better weather coming our way for this weekend. we'll start off with typical temperatures. we've had over the past three to four days. no big difference here. 44 expected into walnut creek. 47 in livermore. 46 in morgan hill. 47 in redwood city. 51 in san francisco. daytime highs also look great in the silicon valley. with that added sunshine, numbers up to 73 in san jose. 76 in gilroy. 71 in los gatos. santa cruz, 66. 71 for palo alto. the east bay, one of the warmer locations. we're hoping for 73 in walnut creek. upper 60s to 70 from alameda to fremont. san francisco will still stay chilly at this point. plenty of 60s throughout downtown. half moon bay.

bodega bay in the mid to upper 50s. warming for napa and sonoma with temperatures in the low 70s. watch out for that air quality forecast going to moderate levels as we head throughout the next 24 hours. if you suffer from respiratory problems or allergy, maybe a bit more sensitive for tomorrow. otherwise next week we're watching out for colder air to come our way. that jet stream is going to get really close. good news with halloween coming by next thursday, no rain in that forecast. here's a look at that seven-day. see as we head throughout this weekend, there's the warmer weather and sunshine saturday and sunday. tuesday, temperatures in the 60s for everyone. doesn't matter if you're in the east bay or not. it's going to be a cold one there. looking good there on halloween. >> thanks, jeff. ready for things to get gnarly? annual maverick big wave surfing event kicks off tomorrow. opening ceremony and paddle-out open to public start at 2:00 at the beach. weather conditions and waves dictate the scheduling of the

d day-long contest but happens between november 1st and march 31st. there's a rather large window for those big waves. coming up, the high-flying halloween prank that's going viral. we'll be right back.

in "health matters" new fda rules could make it difficult for patients to get their hands on painkillers containing hydrocodone. the move is to curb the abuse of drugs like vicodin. doctors would no longer be able to call in prescriptions. patients would be required to see their doctor every three months. hydrocodone would be put in the same category as drugs known for abuse like others. decorative contact lenses for halloween. health experts say they can be a horror. fda warns consumers not to buy them from halloween novelty shops, salons or online if no prescription is needed. health experts say if not used

properly they can cause infections, ulcers, some cases lead to blindness. if you still want them, see an optometrist who can help locate lenses that are safe and help you with a proper fit to prevent eye damage. if you're interested in spooky fun, head to our website, go to our home page. click on our halloween events guide to find out about festivals and haunted houses in your neighborhood. that's nbcbayarea.com. well, sports is coming up next. so is jay. >> jessica, janelle, fun show tonight. the lovely emma roberts from "american horror story" on the program. dave here with incredible animals. diane burch doing a beautiful, beautiful song. and our social media update. fun show. check it out.

okay. all consuming, we're watching the world series and watching football on the weekends and now we've got to watch basketball. i saw steph curry on the cover of "sports illustrated." let's talk about basketball,

dave. >> jessica and janelle, there's not enough hours in the day to watch all the bay area sports. warriors open up the season wednesday against the lakers at oracle. five full days to get ready, healthy and forget about the last preseason game. it was not pretty. they were taking on the portland trailblazers. final preseason tune-up. first quarter. andrew showing off nice moves. gets past brook lopez. steph curry had a team high 17. third quarter off the miss. andre iguodala. the warriors do fall 90-74. good news, it's preseason. sharks, bruinss. sharks haven't lost in boston since 2002. seconds into the third, patrick marleau scores on the rebound and it's your equalizer. tied at one. seconds left in the game. we're still tied. and david krejci deflects the puck past niemi.

bruins win 2-1. sharks first regulation loss of the season. one year ago today, pablo sandovol hit three home runs in game one of the world series. two off justin verlander. the giants won the game and went on to sweep the tigers to claim their second championship if three seasons. as for this year's world series, game two of the fall classic. red sox leading 1-0 in the series. bottom six. 1-0, cards. one out, one on. rookie michael walk ka over 100 pitches and david ortiz at the plate. two-run home run over the green monster. second of the series. top seven, bases loaded. matt carpenter. is going to fly one to left. former athletic jonny gomes, his throw home is a little offline. then craig breslow, nice job backing up. he's a former athletic. his throw is no good. jon jay scores the go-ahead. in london, with the 49ers,

joe montana held a coaching clinic on thursday for aspiring young british quarterbacks. he will also take part in the nfl's fan rally on saturday. of course, on sunday, jessica and janelle. the 49ers take on the winless jacksonville jaguars. joe cool still looks pretty good, doesn't he? >> yeah, he's still got it. >> yeah, he does. >> thanks. we'll be right back.

scary. grim reaper. it's freaking people out. is it real? we don't know. the elaborate halloween prank is the newest from a youtube prankst prankster. he has a hovering reaper he flies over the air in cemeteries, parks and soccer games sending frightened people

running. his latest prank video received nearly 200,000 views already. >> oh my gosh. >> little creepy. >> yeah. i'd will running if i saw that thing coming my way. that's for sure. >> i'd take it on. >> i'm like -- >> i'd be gone. >> we'll see you tomorrow. >> bye.

>> announcer: it's "the tonight show with jay leno," featuring rickey minor and "the tonight show" band. tonight, jay welcomes -- from "american horror story," emma roberts. animal expert, dave salmoni. and the music of diane birch.

and now, jay leno! [ cheers and applause ] ♪ [ cheers and applause ] >> jay: thank you. hi, everybody! welcome to "the tonight show." you know, it's interesting. a lot of people are speculating lately about what president obama will do once he leaves office in 2016. one thing we can safely rule