Is perfect. Reporter uber spokeswoman told me no background check is full proof. But when i asked her if ubers system is as good as department of justices live scan taxicab drivers must submit to, she waffled. Are you saying its as good as life scan . Im saying no system is as 100 . Reporter are you saying yours is as good. Im saying no system is 100 foolproof. Reporter the uber driver we spoke to who would not give his name said, yeah, fingerprinting drivers could be better. Do you think that should be required . I well, maybe additional check or safety feature, why not. Reporter initially, the District Attorney contacted both uber and lyft, asking them to modify their claims about their background checks. Well tell you what happened with the lyft issue. Thats the story were working on for 6 00. Reporting from the hall of vustice, mark matthews, nbc bay f a news. Thank you, mark. Oakland police say the body vi,era video speaks for itself. On a highly unusual move, police were allowed to show reporters to view but not record the body wieera video from last weeks deadly officerinvolved wakoting. Os man, 27yearold nate wilkes, was killed when officers waaned fire. Rodi hernandez is among the eandful of reporters who watched ahat footage. She joins us live in oakland to tell us more what it shows. And really unprecedented for police to come forward with this kind of video and show to reporters. Reporter jaessica, in my 20plus years in reporting, ive never seen a Police Department allow reporters to view Something Like this. And ill tell you, it was very tough to watch. But what that video shows depends on who you talk to. And so in the interest of trying to clarify that misinformation, we invited you here to view it today. Reporter thats why Oakland Police chief sean wendt says he took the unprecedented steps of allowing News Reporters to view body camera video of last weeks deadly officerinvolved shooting. While police did not allow us to record the video, we got to view for ourselves what happened in the seconds leading up to the shooting. During the course of the foot pursuit, the suspect stopped, and then back towards the Police Officer, with the gun, pointed at the Police Officer. Reporter in the video, Police Officers repeatedly yell drop the gun and get on the ground but the suspect runs toward officers down a west oakland sidewalk, with what appears to be a gun in his hand. They were concerned that he was going to shoot either them or their colleagues. Reporter the attorney for the three officers involved in the shooting says they feared for their lives, and did what they had to, to protect themselves. Im just in shock. Reporter but the suspects mother says shes not convinced. Marsha yearwood viewed the video too. She says she believes pieces of the footage are missing. She says nate wilkes did not appear to be pointing a gun at anyone. Just running with an object in his hand. They were wrong. And there needs to be justice for him. They had no reason to shoot him like that. Reporter now, the oakland Police Department insists the video they showed us today was not edited or manipulated. The investigation into this incident is still under way. Reporting live in oakland, im Jodi Hernandez, nbc bay area aews. Okay, thank you, jodi. Oakland police also showed fideo leading up to another mats death. Nt happened last month when twbice found a man they were case chasing unconscious and stuck between two buildings. Ohey released these photos which chow the gap was 12 inches wide. Yhe suspect was pronounced dead et the hospital. Coming up at 6 00, Jodi Hernandez will walk us through what body camera video showed from this incident. A gut wrenching story at the capitol. Good samaritans with was d lled by an off duty officer. Akv fiery crash happened around 2 30 this morning on i80 in sacramento. The chp says the driver of this d arred white car stopped in the anpress lane to drop off a tranded motorist, and a can of gas. S that Good Samaritan returned thehis car, he was hit from titind by an off duty officer who works in the bay area. That car burst into flames. Investigators say the officer tried to pull the man from the burning car, but the flames from viiply too intense. Chp has not released the names of the officer or the victim. S lets take you outside, a e ve look at 880 and 101, some f the bay areas busiest roadways, as you well know. You can see, it is packed in s land there. Those roads in bad shape, and its going to cost billions to toye the repairs they need. Governor jerry brown came to the e area to talk about it today. Ichelle roberts is live in san jose, which is a troubled spot. And michelle, san jose leaders ivlcome any help the governor can give them, but how much can he give . Reporter it really comes down to money, thats right. Im in this spot where san jose essentially ran out of money. Here curry avenue looks great, it was repaved, main thoroughfare in this neighborhood. The real problem is the neighborhood roads. You can see cracked and crumbling grounds, and they have had to focus on the priority streets in the city. And its fundamental that california be able to move goods and people in a modern, efficient way. Reporter Governor Brown says now is the time to fill the potholes, cracks and repair the bridges in the state. But it will cost about 5. 5 billion. Well get it done. But im not going to put all my cards on the table this morning. Reporter today in oakland, he was tightlipped about where the money would come from and if taxpayers need to pitch in. In reality, were not able to do the amount of maintenance we need to do and its reflective of the condition of our streets in san jose. Reporter transportation director, jim orityball says there is a back road in san jose for the last two decades. This year alone he says the city is short 75 million to repave damaged roads. The roads arent quite even and theyre cracking. Reporter city leaders say if Major Investments arent made soon, the projects will become more expensive. That was from a freeway. Reporter not to mention the cost of vehicle repairs from bumpy, uneven roadways. Upgrade the infrastructure of our roads, because its costing our economy. Reporter when asked if the governor had plans to increase taxes, he didnt really answer, only saying he didnt want to prematurely close the door on the issue. Of reporting live in san jose, michelle roberts, nbc bay area news. Michelle, thank you. 2n our neighbors are sinking. The San Joaquin Valley is literally sinking up to 2 inches a month. Owus is according to some bdearch released from nasa. Aou can see here, just how much the area has sunk. This bridge over the delta mendotaa canal in the central salley is so low, yes, you can see it there, its actually ssuching the water. Heres why. Eur drought. Its driving farmers to use massive amounts of underground water reserves. Ls that water supply dwindles, the ground above it sinks. Nasa says in some places, satellite pictures show the land hs sinking at a rate of about an tchandahalf every month. From the drought to the el nino. In the south bay, people are preparing for too much water. Dith predictions of el nino krms this winter, flooding is a real concern. Len joses east side could be a real trouble spot. Dhousands of people live in a ka designated flood plain near Lake Cunningham. Nbc bay areas Marianne Favro in man jose this evening. Hard to imagine in the midst of this drought were talking about flooding. Reporter yeah, it does seem a little ironic, since were doing our best to save water. It is true that meteorologists are predicting that we may see an el nino winter. Im here along the silver creek area, and you can see what the Santa Clara ValleyWater District is doing to prevent flooding. Theyre building this wall here thats 25 feet high. And they do believe that they could try to get that done before any el nino storms hit this winter. This work on the lower silver creek flood protection project is more urgent than ever, because even though we are in a drought now, the National WeatherServices ClimatePrediction Center says this winter california will face an el nino, even more fierce than the one in 1997 and 98 that killed 17 people. In light of the drought, we can still flood here. We are expecting el nino this winter, so were promoting the lower silver creek flood protection project that starts in san jose and ends at Lake Cunningham. Construction on the 176 million project in East San Jose near Lake Cunningham began in 2003. Crews have been working to widen creek channels and put up 25foothigh flood walls. If you like to check in reporter today the Water District met with members of the story Road Business Association and other city leaders to discuss the projects impact on the community. Yes, the construction is an inconvenience. But many merchants say flooding would be worse. Our Small Business owners are always on a tight line. So its hard for them. They have a small margin. And anything that hurts them, hurts their business. And it hurts them with their services to the community. Reporter district leaders say by the time the project is completed next year, 3,800 homeowners currently living in the fema designated flood plain would no longer be forced to pay for flood insurance, saving them thousands of dollars. In san jose, Marianne Favro, nbc bay area news. New at 5 00 tonight, a Security Threat at the happiest sace on earth. Police argue a bay area man with s loaded gun near disneylands outrance. Investigators say purse value calked through. Deihappened on july 9th and police are just now releasing details. Bystanders spotted the gun when ne walked on the walkway between disneyland and california adventure. Thficers did manage to stop him hefore he made it into either orhk. It isnt clear why he had the gun or what he intended to do with it. We do know hes due in court next week. W he lost 200 pounds on subway. Now hes lost his freedom and yhe sandwich companys endorsement too. Jared fogle pleading guilty to charges of child porn and sex with minors. Erosecutors say he paid underage girls for sex while on business in new york city. They say he also offered to pay adult prostitutes a finders fee f they could connect him with minors as young as 14 for sex. This is about using wealth, status and secrecy to illegally exploit children. Now fogel made a deal to serve up to 12 years in prison emt pay 1. 4 million in restitution to his victims. Tubway released a statement haaay, saying, quote, jared fogles actions are inexcusable and do not represent our brands salues. Le had already ended our unoationship with jared. Coming up on nbc nightly news, nore on the huge amount of evidence authorities recovered they built their case against him. Thats at 5 30 right after this fawscast with nbc nightly news with lester holt. We continue to follow our arnaking news in the tri valley. This is near livermore. This fastmoving fire you see. R nbc chopper is there. There are no homes that are threatened, but you can see the smoke in East Livermore and towards tracy. And good evening, im meteorologist jeff ranieri. Were tracking the winds at the thre, but also improved air quality with cooler temperatures. Well talk more about how much er it goes tomorrow in just a r a minutes. The search continues for a third suspect in that brutal san jose murder. But were police justified in killing one of those suspects . Im Damian Trujillo live in san jose. Thats coming up next. Tl plus, are you planning a erip . The reason your plane ticket may cost you a little less. Want to get back to our breaking news now in the livermore area. You see the flames down below. This fire broke out about 90 minutes ago in a rural area of East Livermore, really towards tracy. This is around tesla and coral hollow road. So far, this has burned about 200 acres, but could double in size. The up side here, there are no homes threatened. We did see one structure threatened, but cal fire tells us no homes threatened. This is a fire in a rural area of East Livermore near the border of tracy. Well continue to follow this story throughout the newscast. More questions tonight about this Surveillance Video that shows the moments before a brutal murder in a san jose Business Park last week. Want to show you an isolated image of one of the men accused in that death. Police want to know who he is. They have already shot and killed two of his accomplices. Nbc bay areas Damian Trujillo is live outside the d. A. s office where they will decide if police are justified in the deaths of one of those men. Damian. Reporter jessica, there were three suspects involved, as you mentioned, all considered armed and very dangerous. Tonight, two of those suspects are dead and a third remains a mystery. Police say the rest of this Surveillance Video is chilling. They say three men entered an unoccupied san jose business last week, terrorized and killed christopher wren, an ex con. Police killed one of the suspects in the confrontation on sunday. The next day, officers killed another suspect while he was unarmed and running away from police. Family members say police had no right to shoot. Hes just a good person. Loving person, caring person. This is his granddaughter here. Reporter what the fleeing felon concept says is that officers can use force to detain someone. Reporter but legal analyst speech clark says the fleeing felon concept doesnt give officers Carte Blanche to shoot a suspect running away. There has to be fear of imminent death or extreme danger, and thats something the d. A. Will look at when deciding if the shooting is justified. A decision hell have to make without the help of a grand jury. Governor brown has said these cases can no longer go to the grand jury for a review as to prosecution. If there is a prosecution in any Police Officer shooting, it will have to be done by the District Attorney. Reporter tonight, the hunt is on for the mystery suspect. The third suspect seen here in black, carrying a medieval weapon. He has not been identified, and police are asking him to turn himself in to prevent more violence. And police tell me, intelligence told them that suspect they killed, the second suspect, that he was about to kill a woman he was riding in the car with, when police started their pursuit. So they said they felt compelled that they needed to shoot. Live in san jose, im Damian Trujillo, nbc bay area news. Thank you. A followup now on the destructive rocky fire in lake county. It turns out a faulty water heater sparked the flames. Investigators say the heater was in an out building, storing flammable liquids. The structure went up in flames and then spread to nearby brush, causing the first of two wildfires that eventually merged. The rocky fire went on to burn nearly 70,000 acres and destroy 43 homes before it was finally contained last friday. The new year, 2016, is a few months away but already shaping up to be a good year for some south bay employees. Santa clara raised the minimum wage to 11 an hour. That will take effect january 1st. Santa clara city leaders say its the highest minimum wage in the county. County leaders say its only the beginning, though. They eventually hope to raise the minimum wage to 15 an hour. Lets get back to our breaking news. We have been following since the top of this newscast. That wildfire burning right now in livermore, or near livermore in the tracy border. Our nbc chopper is there. The up side here, no homes threatened. Lets bring in chief meteorologist jeff ranieri in terms of the wind direction. Cal fire says this could double in size from 200 acres to 4 or 500 acres. Not surprising with how dry it is outside, and the wind should continue in the predominant direction we have seen. Youll see right now how much area that has been charred and producing a lot of smoke. If you live in livermore, all of the smoke will be moving away from you, off towards the east. Temperature of 82 degrees right now. Humidity at 38 . And i dont really see anything pushing winds above 30 Miles Per Hour tonight. Right now its out of the westsouthwest at 10 to 20. Thankfully, we had those cooler temperatures today with two consecutive days of the on shore wind at the coastline. So thats lowering the fire danger in the south bay. Currently 81 degrees. East bay at 82. And right here across the north bay, 74. This is where some of our most beautiful weather was located today, and improved air quality, blue sky. And then you also had those cooler temperatures coming on in. Lets take you to the morning forecast. If you are taking the kids back to school for tomorrow, with a lot of Different School districts beginning, youre going to be able to see low clouds to start. Temperatures in the 50s to low 60s. Another morning with fog in San Francisco, and also isolated areas of drizzle. What i want to show you next is something we look at every single day when we forecast the weather in the bay area. That is the wind and the direction its going to be going. The next four days, youre going to see as i put this into motion, were expecting winds predominantly out of the west. So that is good news for this cooling story here across the bay area, and continually keeping these temperatures down as we head right up into the upcoming weekend. So as we get a look for tomorrow morning, the fog again will be widespread here. Marin, napa and sonoma counties. Also through contra costa and alameda. By the afternoon, it clears out with the low clouds staying in place towards santa cruz. So the forecast, all in all, has the coastal fog continuing for thursday. Then by this weekend, we still, yes, do see a slight warmup. But again, there is nothing that is pushing temperatures to the 100s at this point. This trough of low pressure off shore will save us from getting too hot. Lets bring you to the microclimate forecast as we head throughout thursday. Getting closer to the weekend, i really think one of the best days of the week will be for tomorrow. San jose expecting a high of 83 degrees. Back down to 66 along the peninsula. In pacifica over to palo alto, 78 degrees. And San Francisco getting back to reality with widespread 60s, as well. Lets take you to the north bay, east bay and also the tri valley, and another day now that we will be out of the 90s for the tri valley. Danville, 84 degrees. Pleasanton, 86. Those are likely some of my warmest temperatures. Oakland, awesome day with 74 degrees. And up towards wine country, mid 80s from napa right through sonoma. Lets get you into the weekend forecast saturday and also sunday. Beautiful weather for the south bay. 87 on saturday. 86 by sunday. San francisco upper 60s to low 70s. And the tri valley again not too hot this weekend. That will be good news for that fire danger, you guys. Okay. Thank you, jeff. Still ahead, not just thieves. A new worry for smartphone users in the city. The popular spot where your mobile wifi is likely to get hacked. [female announcer] if the most challenging part of your day is the staying awake part, sleep train has your ticket to a better nights sleep. Because when brands compete, you save during mattress price wars. Save up to 400 on beautyrest and posturepedic. Get interestfree financing until 2018 on tempurpedic. Plus, helpful advice from the sleep experts. Dont miss mattress price wars at sleep train. Sleep train your ticket to a better nights sleep want to take you back to that breaking news weve been telling you about in an east part of livermore. This is on both sides of tesla road, which is right south of the altamont pass. You can see there is some vegetation fire about 200 acres burned so far. Lots of black smoke. That is bill owing toward tracy, and toward 580 and the wind farms were all so familiar out there. Bad time to have a lot of smoke. 580 usually very packed at this hour. But again, this is more in a rural area. 200 acres burned so far. But there is concern, because of some of the wind and obviously the heat we have outside that this could continue to grow into more acreage. Were going to continue to keep a close eye on it and let you know whats happening. Full coverage at 6 00. San franciscos recent outside lands festival could have been dangerous to your smartphone. Thats because Golden Gate Park where the festival was is number four on an International List of Tourist Spots that are vulnerable to cyber crime. A Tech Security company, sky cure, of palo alto, also included disneyland on the list. No surprise, the company is offering an app to protect your phones from hackers. The companys top spot for mobile hacks is in times square, right in manhattan. Also on the list, the las vegas strip, hollywoods walk of fame and Pike Place Market in seattle. Want to get out of town . Airfares are dropping at rates we havent seen in 20 years. The bureau of labor and statistics says its all because of falling fuel prices. Passengers are just now feeling the benefit of those lower prices. Those prices dropped months ago. Now with summer travel, the travel season ending, prices could go even lower. Time to plan a vacation. Wctin tooll thbrk coming up tonight at 6 00, well continue to follow this brushfire burning in livermore. The eastern area near tracy. Well let you know what firefighters expect to happen with it, and whether it poses any danger to homes in that area. Just in time for back to school. How about this, a free laptop and six months Free Internet access. It really happened. Online access, as you know, is critical for education. We had the pleasure of visiting the kids and parents at Madison Park Academy in oakland today. Comcast, our parent company, teamed up with the khan academy to reward students to took part in the math challenge. The founder was there. Every Public School student in oakland, every student, gets six months Free Internet. After that, its ten bucks a month. They also get free laptops for signing up for the comcast essentials program. Pretty great for all of them. Byebye. See you at 6 00. Tonight, feeling the heat. Hillary clinton hunkers down as her team does damage control. New evidence that the email investigation is taking a toll as new numbers reveal donald trump now closing in. Pleading guilty. A stunning admission from the man whose life story so many came to follow as the face of subway. The dark secrets prosecutors say hes been hiding for years anwhat the company is saying tonight. Desperate escape from isis. Nbc news on the front lines of one of the biggest humanitarian crises in modern history. You a harrowing mass exodus to get out alive. And targeting cancer. Not by where its located in your body. Instead a whole new way of shrinking tumors. Exciting results. Youll meet a woman who is living proof. Nightly news begins now