Jurors. What they have to do is evaluate the case by talking with each juror individually and find out the reason that these three jurors committed some type of err error. Only one alternate left. What happens if another situation comes up with another juror . Theres only one alternate left. This judge is in a tough situation. If we see another situation where we lose another member of the jury, we could have a mistrial on our hands. Thats something the Defense Attorneys will certainly be pushing for. In a nutshell we will be in this courtroom, in this courthouse following the latest on this trial for days, possibly weeks to come, guys. Thank you so much, melissa. They were deliberating for ten days very meticulous and this happened. Very frustrating. The families of the victims, they were actually called to oakland to hear about the changes. Nbc bay areas Jody Hernandez is also at the courthouse. Jody, whats the response from the family and friends of the victims . Reporter raj, ill tell you, its been a very emotional, very stressful day of the Family Members of the victims and the suspects. Like us, they were alerted there would be a big announcement this afternoon so they raced over to the courthouse and waited just as we did. A friend told me she was told by the das office that there was an issue with a juror. There is a lot of speculation that perhaps there would be a mistrial. Folks are relieved that that is not the case, but with one with just one alternate left, they dont want to say too much. A lot of anxiety. A lot of, yeah, not knowing. No one knows. We wont know. Theres a gag order. I hope that this new jury does a good job and, yeah, i cant comment on it because of whats happened. This has been a tough waiting period. We didnt expect that dleb ber rags would, you know, restart. I think, you know, i still me and my people still have really high hopes that this is going to get resolved. Very much of a roller coaster day for these friends and Family Members. Those who have been talkative throughout this process, declining to say too much walking by the cameras saying, hey, it is too stressful and we dont want to jeopardize anything. Folks keeping a tight lip for now. They shared a few thoughts. A rough day as deliberations with a whole new jury continues. Im jodi hernandez, nbc bay area news. Thank you, jodi. Were sending out updates on this app. We sent out this update and this alert right after we learned that the jurors had been replaced. You can get the alerts on your phone by downloading our free nbc bay area app. The man accused of attacking a woman as she entered her San Francisco condo building is back in jail charged with another crime. Austin vincent walked into a San Francisco courtroom looking very different than he did on this security video just over a week ago. He was supposed to face a judge before the attack near the embarcadero. He turned himself in on 100,000 arrest warrant. He threatened two people with a knife. One of them called the police after they saw his mug shot. They were attacked by mr. Vincent with a knife. Those individuals had called for an uber ride and the uber ride arrived and they were able to get into the uber and leave the scene. Police say theyre also trying to figure out if vincent is linked to other crimes. This case continues to spark debate over another homeless shelter being built near the embarcadero. Well have a live report at 6. Today the man accused of shooting two firefighters in japans town. Oliver juneo shot and killed jake walter, off duty oakland firefighter. This was near eighth and tailor. The second firefighter survived. An expensive grab and go at a luggage shop in San Franciscos union square today. Just before noon two women and a man grabbed several items at the popular mcm store and took off into a waiting car. An employee hit the silent alarm. A number of items were taken and they still dont have a total value of the items taken yet. If you drive them, you know san jose has some of the worst roads in the nation. Today the city rolled out a very big plan to change that. Nbcs scott thugman is live. In one of the neighborhoods nea more. Its part of the avenue in san jose. Its using voter approved tax dollars. The good news, giant pavers like this one are likely come to go a neighborhood near you. Part of the nineyear, 87 million a year plan to repave some 280 miles of San Jose City streets. Based on what we know it currently costs to repave roads, were confident we can get to every road. Reporter bad news, the city admits all of this paving will mean some shortterm slowdowns for drivers. You see some inconvenience along the way while were getting stopped in the middle of the road by somebody fixing it up. Reporter the money to pay for the Program Comes from voter approved tax and bond measures. Local politicians say its money saved after years of poor roads leading to driver deaths. Weve seen that when our s lacking, families are having to invest a greater amount maintenancen their cars. Paving savers are given a thumbs up. Most definitely. Reporter the city says youll have to be patient. There is a whole lot to pave and nearly a decade in time to get it done. Reporting live, scott budman, nbc bay area news. The side shows continue in the east bay. They responded to three separate side shows in one day. It happened about a week ago, but just about an hour ago the chp released this video captured by its aircraft. Officers made multiple arrests but they say crowds of spectators prevented them from moving in at the side show. The chp aircraft was able to get footage of the cars. Video will serve as great evidence in court. Thats row day owe where that side show was. What started out as a simple theft case turned out into a big bust. They arrested a man for trying to steal a catalytic converter. They linked his car to suspicious activity. They found counterfeit money, drugs, gun. In the end four people went to jail. After several High Profile Police shootings, california changed the deadly force policy. Before police were allowed to use deadly force when it was, quote, reasonable. That was the case when oscar grant was killed in 2009 and last year when stefan clark was killed. Today Governor Newsom changed that from reasonable to necessary. This is the strongest such language in the nation. We are doing something today that stretches the boundaries of possibility. It sends a message to people all across this country that they can do more and they can do better to meet this moment in their respective states. Reporter now the brother of Stephon Clark called the law watered down since a mandate that police tried to deescalate confrontations was removed from the final bill. A good monday for wall street after five days of whiplash. President trump returning from a week in new jersey tweeted, the economy is very strong, while attacking the fed chief that he appointed. I dont see a recession. Our consumers are rich. I gave a tremendous tax cut and theyre loaded up with money. But while the white house is hard selling a booming economy, the trade war with china is amping up fears of a worldwide economic downturn. A new survey finds nearly 3 4 of economists expect the president s policies will lead to a recession. Well, twitter and facebook have been drawn into the struggle between Mainland China and hong kong as peaceful protests continue in hong kong, the social Media Companies have suspended nearly 1,000 accounts claiming theyre linked to chinas disinformation campaign. Twitter says its selling political discord among while twitter is blocked in china, the company says the accounts it found were using private networks. Facebook suspended fake accounts which violate company policy. The end of an era. This is a look about an hour ago at what was called oracle arena. You can see the oracle logo on the roof has been painted over and we showed you this video when the process to remove the signage began two weeks ago. The arena is without a name. The Coliseum Authority spent the past month to buy the naming rights. Still to come here, 5 00. Keeping kids attention on their teachers instead of their phones. The accessory one school on the peninsula is handing out. Plus, youve probably seen it from 101, the old blimp hanger at moffitt field. The multimillion dollar plan backed by google to fix it up. I hope youve been enjoying the cooler temperatures outside today. 60s and 70s inland. All of this is about to change as we are tracking a warmup that brings 90 back to the bay area and youll be stur priced how long theyre sticking around. A look at that when we come right back. The man accused of killing someone at a bart station will not face the death penalty. They decided to seek life in prison for john cowl. He stabbed her in july of last year. Wilsons father tells us he is satisfied with todays decision not to seek the death penalty. The trial is scheduled for january. One man is dead, another wounded from an overnight shooting in san jose. It happened shortly after midnight near the intersection of Williamsburg Drive and south winchester boulevard. Both men were shot but the survivor was grazed by a bullet. No motive for the shooting yet and no arrests. Not so normal first day of school for va lay yes school. They wrote a crude message on a white board and damaged books and school supplies. The Community Came together and cleaned up the mess so students didnt see any evidence of the vandalism on their first day back. Pleasant hill might be getting its first medical Marijuana Stores but they would only be allowed to deliver. Pleasant Hill City Council members are set to vote on this proposal at tonights meeting. The two delivery only stores would have to be at least 600 feet from schools, day cares, youth centers. No other types of marijuana businesses would be allowed within city limits. The meeting starts in two hours. The old blimp hanger right there off of 101 is going to get a makeover. After all of these years, its been a giant skeleton for years after the metal cladding was removed. Its scheduled for a monumental cleaning to rid it of thousands of tons of Hazardous Waste before it gets a new skin. Google subsidiary holds the lease. Google will pay more than 150 million bucks to blast the frame. Weve been driving by that ever since we were kids. I know it so well. Lets get a check on our forecast. A beautiful day, rob. Hope you enjoyed the free ocean air conditioning while it lasted. Yes. One more day. Take you outside right now. Enjoying beautiful skies, air quality. Heres a view from palo alto. Speaking of the moffitt field hangers. You can see them off in the distance. 73 palo alto, mountain view. Bit breezy, winds at 16 miles an hour. Comfortably cool outside. Right now 75 degrees in san jose. Clear skies. A few high clouds passing by to the east. Check out walnut creek. Typically we could see temperatures in the upper 90s. Right now a beautiful 78 degrees. Winds 16 miles an hour. Waiting the return of misty skies and drizzle. Currently 64. Winds out of the west at 18. So a strong sea breeze coupled with the marine layer which is now 3,000 feet thick. So it has no trouble spilling through the altama pass. Theres low clouds and misty skies. We saw that this morning. It will rechargean well see along the coast. Even the inner portions of the notice the areas of drizzle bay side communities here along the east bay. Basically the west facing slopes of the inland mountains and the coastal range. Well see the areas of misty skies and drizzle. Mid to upper 50s and highs tomorrow. Pretty close to where we are today. Might start trendsing. Highs starting to climb back into the 80s. San jose, morgan hill. 80 in dublin to 80 in pleasa pleasanton. Breezy conditions. Youll see the winds around San Francisco. West 20 miles per hour. One more day and for the north bay, highs into the low 70s to low 80s. This is the ocean air conditioning were talking about. Marine layer up to 1,000 feet. Wednesday, you see what happened there . Sea breeze starts to weaken. Cooler air trapped along the coast. A sure sign that High Pressure is building in. In this case back through the desert southwest. A system passing by to the north might bring a slight hint of cooling. Lets take a look at the ten day and maybe even 14 day forecast. Look how that high holds strong across the wegs. Yes, things start to warm up here on wednesday. Very likely this is going to continue well beyond the seven day forecast. Look at San Francisco. 70s, mid week. That will continue through the weekend. If that was a ten day forecast, youll see more mid 70s and for valleys, nice not to see the 90s. Once they come back wednesday, they will be here all the way through the weekend and possibly trending hotterve e through the week. As more kids go back to school. Thanks, rob. Up next here at 5 00, an east bay city is named one of the safest in the country. Well tell you which one and why. Looking for one of the safest places to raise a family . Well, just look to the east bay. Research firm safe wise released the safest cities list. San ramon checks in at 7. This is the art and wine festival. The safe city ranking is largely based on crime data of all cities on the list, san ramon boasts the largest median income. Pleasanton checked in at 30 and sunny vail checked in at 47. The number t caramel but caramel, indiana. The numbers are skyrocketing. Nearly 6 million children suffering from dangerous Food Allergies. Peanut allergies in particular have tripled in numbers. Doctors say theres hope on the horizon. New treatments that could one day be a cure. Kristin dahlgren reports. Reporter across the country its happening again and again. An Alarming Number of kids going to the e. R. With dangerous reactions to food. One study finding anaphylaxis, a potentially deadly reaction, is up 200 in children ages 5 through 15. 11yearold violet missio is one of them. I would get really, really nauseous. Have an itchy throat and my face would swell up. I have hives all over my arms. That was scary. Reporter violet has a severe allergy to peanuts. She cant fly on planes, sit with friends at lunch even going to get an ice cream cone. Being in the same room with dust from peanuts could spark a serious reaction. How hard . Very hard. Any little piece of peanut dust could kill her . Yes. When theyre so helpless, little and not with you. Reporter but now doctors say a cure for patients like violet could be around the corner. There are at least 17 new therapies being studied right now. Some just months away from fda approval. Dr. Cory nadeau is the head researcher in the field. Reporter do you envision a future without Food Allergies . Theres going to be some groups that might need therapy every day for the rest of their lives but there might be some that can stop therapy and be fine. Reporter cured . Exactly. Reporter a pill has peanut powder. It starts out with a minuscule amount and increased over time u was successful in up to 80 of patients. Also being looked at, the peanut patch. Its similar to the pill but here the dose of peanut is administered through the skin. Over time your body starts t. This is something i shouldnt be seeing as a danger signal. Reporter also in the works, a potential vaccine. Still in the early stages of research, the hope is it would treat patients without ever having to introduce them to the foods theyre allergic to. Violet was part of a clinical trial. She started out with a dose equivalent of 1 80 of a peanut. Her parents had to keep a close eye on her every night when she took her dose in case she had a reaction. It was well worth it but im not going to lie, it was stressful. Reporter now two years later she isnt on the pill anymore but needs to eat two peanut m m every night for maintenance. She cant eat a Peanut Butter sandwich but doesnt worry about cross contamination so she can eat her favorite sweets. Red velvet. Reporter and participate in activities shes never done before, flying crosscountry to visit her grandparents and acting and singing in the school play. Has this changed your life . Yes, it has, because i would have never gotten to be able to do all these amazing experiences and just have all these new memories now that i would never have had before. Thats Kristin Dahlgren reporting. Clinical trials for the peanut pill and patch were paid for by the drug manufacturer. Up next, school is back in session. The big problem, cell phones and students on campus. Well tell you what the high school and peninsula is doing to block this. Stay with us. We are here to discuss jessies online time. And out of respect, we will let you make the first offer. Thirty minutes. Thirty minutes . Objection overruled. One hour. Sweeten the deal by doing the dishes and ill consider it. I wouldnt do it. I hate the dishes. One hour with the tablet, you walk the dog and do the dishes. If you insist. Congratulations. Only xfinity xfi lets you take control of your familys online time. Thats simple, easy, awesome. Xfinity xfi gives you the speed, coverage and control you need. Manage your wifi network from anywhere when you download the xfi app today. Family is all togetherect. And we switched to geico; saved money on our boat insurance. How could it get any better than this . Dad, i just caught a goldfish theres no goldfish in twhoa its pure gold. Were gonna be rich. Were gonna be rich it only gets better when you switch and save with geico. 6, 7, 8 big dreams start with small steps. But dedication can get you there. So just start small. Start saving. Easily set, track and control your goals right from the chase mobile® app. Chase. Make more of whats yours®. Tonight at 6, a rash of fires in the south bay including 6 within the past 48 hours. The new clue and the neighborhood impacted here. That exclusive story and more coming up on our 6 00 newscast. Its a problem. Cell phones at school very distracting. So now a new rule at san mateo high school. Every student is required to lock up their cell phone for the day. They dont even get it at lunchtime. Each student gets one of these magnetic lock bags. When School Starts the phone has to be inside. The only way to get it out is to get a teacher to unlock the bag. The program cost the district 20,000 all paid for by a grant. Whole lot of animals woke up to new families this morning and its thanks to you. Our clear the shelters event was a big success. More than 118,000 animals nationwide found forever homes. They were at the walnut creek shelter. Marcus and laura were at shelters on saturday. They found forever friends. Now here in the bay area alone there were over 4,000 adoptions. For more information on these shelters involved and other adoption opportunities, just go to our website, nbcbayarea. Com. Somehow i think all of our reporters and producers, were all dog and cat lovers. Its a fun event. Good cause. Rob, one more day of this pleasant forecast. Take your new Family Member pet outside, tomorrow is the day for that. After that its making a big comeback. Thank you for joining us at 5 00. Nightly news with lester holt is next from iran. Back at 6. Bye. Special report from inside iran, our rare exclusive access at this critical moment for the world, iran defiant at a time of escalating tensions with the u. S. By one on one interviews with top iranian officials could we be on the path to warby its terrib its very bad. Do you blame the United States tonight how the u. S. Strategy of maximum pressure is impacting them a Police Officer fired more than five years after using a choke hold on eric garner. I cant breathe i cant breathe. Garners dying pleas a rallying cry for the nation. Tonight the reaction from garners family