the suit comes against aldon smith and also former 49er, delanie walker. it cites out of control house party involving guns and gangs at smith's home in san jose. "today in the bay's" bob redell g jo joins us live with a story only on nbc bay area. >> reporter: good morning. nbc bay area's investigative unit first uncovered the story, civil lawsuit filed tuesday here in santa clara county, makes strong accusations against 49ers linebacker aldon smith and former 49 liner and current titan delanie walker. ronndale esporlas claims in the lawsuit he was shot twice, that he sustains serious and permits injuries but does not know who the gunman was. this the first public document to provide details of a party that took place june 29th last year, up this road, in the east san jose foothills at smith's home. the lawsuit says smith and walker, who were legally intoxicated, appeared on the balcony of smith's home and fired shots into the air in an apparent effort to end the party. walker then made his way to the driveway where he allegedly fired more shots into the

walker por un tiroteo ocurrido en su propiedad durante una fiesta... la nfl no tomo medidas disciplinarias en los dos incidentes anteriores y aun no se ha pronunciado al respecto. out 6,000 dolares de fianza y para el entrenamiento .... smith debera presentarse en corte para responder por los cargos el proximo 4 de noviembre... stop open topvo blanca ---pese a haberse degradado a tormenta tropical "manuel" se desplaza hacia el interior de mexico y continua pero no sin antes dejar torrenciales lluvias en el estado de sinaloa y otros estados aledaÑos. ---muchas poblaciones quedaron inundadas por las incesantes lluvias y cientos de residentes tuvieron que ser evacuados por el temporal. cesar ---las devastadoras tormentas han dejado casi 100 muertos en mxico, pitch - blanca ---y ahora.... los residentes de acapulco, se tienen que enfrentar con los saqueadores de tiendas mientras las aguas estan infestadas de cocodrilos. ---jazive perez se ha desplazado a acapulco y nos tiene mas informacion... adelante jazive.. . 0:01 0:17 0:27 0:48 1:09 1:31 1:50 pkg con

walker. the suit was filed on behalf of aaron reyes. both plaintiffs paint a similar picture of a wild and out-of-control party with guns, gangs and drugs in smith's san jose home in june of last year. reyes says he received, quote, serious, catastrophic and permanent injuries at the party. he accuses smith and walker of knowing gang members at the home and he says drugs were used in the wide open. no word on whether criminal charges will be filed. aldon smith's legal team has emphasized there will be no further comment. he's expected to play sunday against the packers. >>> the driver who hit and killed a man at a mountain view bus stop is scheduled to go to trial. matthew pumar is charged with speeding through a red light, swerved and lost control onto his car. he careened onto the sidewalk, hitting and killing william ware. his defense team argues the light was not red and he was not speeding. >>> the landlords from hell are expected to be sentenced. kipp and nicole macy pleaded guilty to r

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

walker. walker is now with the tennessee titans. the lawsuit stems from an out-of-control party that ended in gunfire at smith's home in san jose in june of 2012. the attorney for the man says his client was one of two people shot that night. smith and walker repeatedly and illegally fired weapons on numerous occasions the night of the party, he says it also claims the two were intoxicated. one point, the suit claims walker made his way to the driveway and fired shots into the air toward people attending the party. the man shot twice but doesn't know exactly hot gunman was. he says he sustained serious and permanent injuries. smith will have no comment on the pending litigation, his attorney says. the investigative unit reached out to the tennessee titans but got no response. >>> sentencing for convicted killer joseph naso set to begin today, found guilty in a marin county courtroom last month of killing four women. the murders happened in the 1970s and '90s in northern california. naso acted

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 jungl

walker were intoxicated on s they began firing gunshots in the air while trying to end the party esporlas says he was shot >> gary: twice in the crossfire between two groups after walker allegedly fired more shots in the driveway. >> gary: neither walker or smith has been charged in the incident. >> gary: these athletes is all criticism on the internet. and when you come at these guys in the half time on their hands. you know what they think of you? it's labor day week are working. what ever you do you. >> gary: half of these guys and just telling you the gun issue i lied to look up to get in their space and give them a little criticism and that's one thing that i can say about me i may have had guns in my face but i've never seen you at like that before. if someone comes at you just say yes sir and move on to the next think. tonight female narrator: through sunday, it's posturepedic through sunday, it's posturepedic versus beautyrest with up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years' interest-free financing. mattress price wars end sunday at sleep trai

then, in june of last year, smith was allegedly firing guns with former teammate delanie walker. during a party at smith's house in san jose. the shots reportedly injured a man. >> pam: victim filed a lawsuit against smith and walkerthen, we come to this morning, when smith wasu-i after colliding with a tree in san jose. >> pam: smith's team mates and coach harbaugh react to news of his arrest. harbaugh and carlos rogers >> very disappointed. he needs to the work and face his teammates. >> just make a mount of mistakes and then turn into something big. but i believe that is everyone. >> pam: and stay with kron4 as weyou can always log on to ourif you're on the go, radnich will have more. coming up in sports! >> pam: >> pam: new at 8two pitbulls -- not one. attacked a 10- year old martinez boy last month. that's according to a staff report released by the city of antioch. and the report says, the dog owner's son. was also bitten in the attack. hunter kilbourn was visiting a friend in antioch on august 11th. when the report says, the duke attacked him. initially the dog owners told

walker. the suit was filed on behalf of aaron reyes, a friend of the man who filed the initial lawsuit against the players earlier this week. both plaintiffs paint a similar picture of a wild and out-of-control party with guns, gangs and drugs at smith's san jose home in june last year. reyes says he received, quote, serious catastrophic and permanent injuries at the party, end quote. he accuses smith and walker of knowing gang members at the home and says drugs were used in the open. no word on whether criminal charges will be filed. al don's smith legal team emphasized there will be no further comment. smith is expected to play sunday against the packers. >>> matthew pumar is charged with felony vehicular manslaughter. police say he sped through a red light and swerved and lost control of the car. he careened onto the sidewalk hitting and killing william ware. his sde fence team argues that light was not red and he was not speeding. opening arguments in the trial are expected today. >>> a s

then, in june of last year, smith was allegedly firing guns with former teammate delanie walker during a party at smith's house in san jose. the shots injured a man. >> pam: and that victim just last week filed a lawsuit against smith and walker regarding the incident. >> pam: then, we come to this morning, when smith was arrested on suspicion of d- u-i after colliding with a tree in san jose. >> pam: smith was booked and back at practice. now, the question is how the team will handle this incident, as well as the police. kron-4's dan kerman is live in san jose, where the accident happened. and dan -- what have you learned? >> reporter: was just after 71 resident known as a bit truck that crashed was in her yard. >> after that my neighbor started coming by to see him in the car. argali my neighbors will come up. the rise was still to come. the greatest surprise was still to come. >> was driving under the influence of alcohol he >> reporter: was later released after posting a $5,200 in bail. >> reporter: are back live on debt leverage to drive. bently ridge drive. so we are expecting a

. >>> 49ers linebacker aldon smith and former niner tight end delanie walker both facing a new lawsuit. a man is suing the players, claiming he was shot during a house party at smith's san jose home last year. the suit alleges smith and walker waved handguns around during the party and fired several shots in the air and into the crowd. an attorney for smith says he had no comment. walker has not responded to our request. >>> san jose poised to put more police officers on the street.  approved a plan of adding 200 officers to the force. it will restore a 10% pay cut. the new plan will cost the city about $50 million. get ready, temperatures will rise. let's get a look at forecast with rob mayeda. >> by friday and the weekend, a taste of summer-like heat. patches of low clouds and a healthy sea breeze. temperatures may drop down around the inner bay with 60s and 70s from san francisco to oakland, near 80 san jose. about the same for thursday. friday and the weekend, there's summer heat. temperatures in the mid to upper 90s inland. 70s and 80s near the coast. >> looking here toward the e