Against the undocumented immigrant who shot and killed kate steinle. Saying the trial judge failed to give jurors complete instructions. Nbc bay area is live in San Francisco. This is a tough reversal for supporters of the steinle family. Reporter it is, jessica. This is the pier where kate steinle was shot and killed. Tonight the man accused of her murder wins in a victory in court because the judge didnt give the jury all of the facts. Kate steinle was shot and killed during a walk with her father four years ago. The disicharged inez garciazarate with her murder. The defense says he pd on piern it, and the gun went off accidentally, shooting steinle. A jury acquitted garciazarate after first and seconddegree murder, but found him guilty on a charge of a felon in possession of a gun. His attorney appealed. To be the the First District court of appeals overturned that conviction, saying the judge failed to instruct the jury to consider garciazarate only momentarily possessed that gun. They decided that the judge in the state Court Prosecution should have given whats called the transitory possession instruction. That instruction actually is one that says if you possess a gun for only a short period of time with the intention of no longer possessing it, then its not a legal possession. Reporter the Appeals Court says a juror may have reached a different conclusion if the judge had given that says its the right decision. It reversed b therial court failed to instruct on the only defense presented to that charge. Reporter a defense Attorney Says the judge was likely focused on the serious charges. Sure mr. Zarts possession was momentary, but during that moment, a murder was committed. Even if its short duration, it was meaningful and really tragic. Thats why that instruction may not have been given. Reporter now, tonight the kate steinle family had no comment, but attorneys that we talked to say they must be feeling like there is no justice for kate. Reporting live in San Francisco, jean elle, nbc bay area news. The state has 40 days to appeal. If it declines, the San Francisco d. A. Will decide whether or not to retry garciazarate on the gun charge. Because the charges were reversed and not jeopardy doesnt apply. We invite you to stay with nbc bay area for complete coverage of the steinle on nbcbayarea. Com. Hurricane dorian getting faster. This afternoon it strengthened to a category 4 storm. Its ferocious path a bit uncertain still. Millions across florida as a result are preparing for a direct hit while hoping shifts out to sea. First responders from the bay area are headed east to help. For floridians, its now hurry up and wait. All of us not knowing where its going to come, how bad its going to get. Reporter loaning lines at the airports across the state are filling up with people hoping to get out of the state. Othe h too. Many longtime floridians are doing what they do every storm, they ride it out. That means stockpiling food, water, filling sandbags, and boarding up. We have been tracking dorian for the last few days. Jeff, what can we expect in the next 48 hours . There are two big changes on the timing and also the intensity of this storm system. Right now a view of the storm at the current moment. It is not losing strength. You can see the welldefined eye. The storm stretching 400 miles wide. We are up to a category 4 storm, winds at 140 miles per hour. The new change as of tonight, not only a higher wind speed, but the track is more off towards the east. So a closer view of this shows by monday, 5 00 p. M. , 130mileanhour winds right near palm beach. And then skirting up the florida coastline with that easterly track maybe as a coategory 2 or 3. Both on the european and american models are keep the eye of the storm potentially out here to sea, which might be a little bit of a better but i t bay area labor day forecast coming up in 15 minutes. See you then. Jeff will keep an eye on dorian throughout the weekend. Well have updates online at nbcbayarea. Com. Capping rent. Governor newsom announced a new bill that would cap rent increases across the state. Even if it passes the legislature, may be too little too late. We have more on the kpuexodus we been seeing. Reporter the high housing costs are at the heart of this exodus. Sure, it can be great for homeowners who can sell at a profit, but not great for renters who feel they have no choice but to move. Someone give me a hand with this. Reporter moving day for him is dreadful. Pretty stressecently lost his job and home after his landlord decided to sell. Today hes moving everything into storage and couch surfing until he can find a newla. Of resigned that ill give it another year. If i cant make it, ill move back to portland. I have family in new orleans down there. Reporter new data from the u. S. Census bureau says more people are moving out of the bay area than moving in. The five counties together lost more than 35,000 people between 2013 and 2017, not counting births and people coming from other countries. 1 in 3 were from Alameda County. I have more folks that are leaving than people coming from out of state to unload. Reporter ray calderon, owner of rock n roll moving says his customers are fleeing Alameda County in search of cheaper homes. I see a lot of folks going to texas, arizona, we were just helping someone move to oregon. Reporter about the protections announced by the governor today, if the legislature does approve it, it would cap rent increases by 5 a year and protect some people from evictions if landlords dont provide a reason. A followup now to a story. The recovery of sustainable puppies. Thieves took them from a San Francisco animal shelter. Two are recovered but one is still missing. Two huskies were given back. Police, the rs spotted the eight weekold pit bull puppy is still missing. If you know anything, call the sfpd. Apple h a thieves a store in burlingame swiping thousands of dollars worth of goods. They were captured on an iphone. They were in and out in 60 seconds, stuffing items into their pockets and under their hoodies. We talked to the woman who taped the robbery. Clearly she didnt want to be on camera. Didnt seem like it was overly planned out except for the timing of when they got to the store. They had two cars and two drivers. They parked in the middle of the street, got out, took the stuff, they got back in the car and they sped away. Thieves got away with more than 1,000 worth of products, so police are investigating it as a grand theft case. Dead man at burning man. Investigators say a 33yearold new zealand man died while at the festival. The images youre looking at are of the Black Rock Desert captured today on the Live Streaming camera. They reports to come back. Once homeless, tonight hes got his own field of dreams. Gunneder son high school names its football field after james jones. He became a super bowl champ but never forgot about his Humble Beginnings. Reporter despite that super bowl win, he says tonight is very special because if shows with hard work you can come from Humble Beginnings to having your name attached to your own field of dreams. Start the season off right, lets get it done and lets go. Reporter the grizzlies getting a seasonopener pep talk from one of their most famous alums, james jones. Theyreaking their first snap in a field named in his honor. You dont dream of getting a stadium named after you. My kids, their kids, they can always bring them back here and say, man, this is my grandfathers stadium. Reporter jones is a san jose native playing first at gunneder son, then san jose state. He played nine seasons in the nfl, most of that time as a wide receiver for the Green Bay Packers helping them win a super bowl in 2011. His childhood friends and classmates packed the stands this night, looking on as he was honored. I know this means the world to him because we played on this field before high school in a a classmate who say hasnt changed much. Yes, oh, my god. The same friends he had in high school are his best friends now. Reporter now this football field named for hims hopes will upandcoming students to go for their own dreams. Im t first to give back because at the end of the day, when i was here, somebody gave back to me. Always tell them you can be homeless, you can lose your mom, lose your dad, whatever it may be, hard work always wins. Reporter in san jose, roz plater, nbc bay area news. Were back with a 15 million home that just sold in the peninsula and why the new owners will tear it down. She came to the bay area for lifesaving medical care. Now shes getting orders from Homeland Security to leave the country in 30 days. A cool 65 in livermore right now. Well show you how much hotter for the labor day coming up in seven minutes. A death sentence, thats how a Contra Costa County woman is saying its against in immigrat means her stay is over and her family fears so to her life. Joint custo this is a dream that is every single week, once a week, for the rest of my life. Reporter 24yearold isabel relies on a weekly infusion of enzymes to treat a genetic disease that narrows her air ways and weakened her heart. She came to the bay area when she was seven as part of a Clinical Trial that has helped doctors develop the lifesaving treatments. If it stops, at any moment im going to die. Reporter now she has been ordered by the department of Homeland Security to return home to guatemala. She received a letter giving them 33 days to leave or face deportation. The government has ended a medical Deferred Action Program n at allows patients receivingsy the u. S. It would really beame decision as of you were pulling the plug on a respirator. Orter her health would rapidly decline. She may only have a few months to live. If we cant find a way to keep her on therapy, it would be a death sentence. Reporter this congressman says hes doing all he can. Hes written letters requesting a review and introduce add bill on her behalf. If i have to lock myself to the front door when i. C. E. Officers come, ill do that, but this is just ridiculous. Its not how americans treat people. Reporter we reached out to i. C. E. Who in a statement state it simply cant decide on categorical basis to exempt entire groups of aliens from immigration laws enacted by congress. The college grad prays she finds an answer. Because if i dont, well, i dont want to think about it, but, like, i could die. Reporter in the east bay, jodi hernandez, nbc bay area news. Dont be surprised if you hear horns blaring in the north bay this weekend. The sonoma rail transit known as smart train will be doing overnight testing. They will be testing Railroad Crossing signs and train horns overnight between larkspur and san rafael. Leaders told parrots last night that Epic Middle School must close at least for now. Both Charter Schools are on property owned by caltrans. The agency says the recent plans to remodel led it to discover neither school has a proper permit. The chabotht, what point do we say this kind of unstable situation is not good for the student population we serve . Caltrans says the issue is say. The school says its hoping someone will step up and offer a instituteble place to hold class for the rest of the year. Most of us would call ate dream home, but the owners who spent 15 million to buy it are hoping the city will let them tear down a house. Really, its a mansion, and they want it down fast. Nbc bay areas Anoushah Rasta tells us why. Reporter usually its one thats old, not a custombuilt custom design thats 16 years old with a 15 million price tag. I feel like its always for money. Theres people that dont y. Reporter 2186 parkside avenue in the Upscale Community of hills borrow borough feature bedrooms and nine bathrooms. Dont forget the pool, a pool house, a basketball and tennis courts, gym, spa, two koi ponds and a guest house just to name a few of the amenities. The owner cant wait to tear it down and build another dream home. Thats i guess a natural phenomena of capitalism. Theyre crazy. Its crazy. People have money to burn around here is the problem. Reporter the towns review board says months after being the mansion the owners submitted plans to demolish the whole thing to build a new twostory modern farmhousestyle residents and attached garage with a total proposed floor area of approximately 12,986 square feet, more than double the home size now. Its a little outrageous to come into a town and spend 15 million buying a home and then tearing it down. Reporter at least one neighbor is not happy about the demolition plans, telling the review board in a letter we have a short time on this earth. Living adjacent to a complete teardown and rebuild once is something no one goes looking for. Living next to it twice i we tried several times to get in touch with the owners, but never heard back. Anoushah rasta, nbc bay area news. Its gorgeous, i love it. Me too. What about retro fitting . Can we come up with 15 million to buy it from them. Were short. We have plenty of sunshine. Yes, we do. Temperatures will warm up, but its not looking hot across the entire bay area. Lets get you to the microclimate forecast on this friday night and get you ready to go for saturday, sunday, and into monday and beyond. A change were seeing is this milder system that kept it comfortable the past couple days thats lifting to the north. The thing thats doing it is high pressure. Its moving in. He doesnt wa who doesnt wat dont want to g. Fog as we head throughout the morning hours. As we take you into tomorrow mornings forecast, i dont think it will be too warm to start, but more on the milder side in the trivalley. Patchy fog, south bay, 66. We begin in San Francisco, 59, early fog and possibly patchy 62. I talked areof high pressure. Here is the result. Down in the south bay i put you at 88 here in downtown san jose. As you move away from the bay, things hotter, 94 in gilroy. Los gatos, 87. East bay with the bay breeze, 79 in oakland. 83 in hayward. 84 in livermore. Want the cool . You can find 68 in half moon bay. San francisco, it is a split picture once ai mission, youre in the 70s. 76 in the mission. Then you head to the outer sunset and were at 67. Marin, napa, sonoma county, 69. Then you go up to clear lake and ukiah, mid90s. What happens beyond this . Lucky for you, i have that sevenday forecast ready to go. San francisco, low 70s right into labor day on monday. Well stay with a similar trend into next week with morning fog and afternoon sunshine. Inland valleys, it does get hotter, but its not that bad for august. 93 on sunday. 91 on monday. And then we have plenty of 80s through the first several days there of september. So looks really goodgh te next days. I want to take you to the tropics. The latest path on this hurricane has changed. Its n s a category 4ayt 5 00 p beach. And then moving right at the coastline. Now, it also has to be said, the big story for the weekend will be how much more does the track move to the atlantic. That is scenario that the american and the european models are showing right now. The center of the storm may actually stay out off shore, soeer anxiously awaiting more data this weekend and well have updates through the weekend. That still means floridians may get a good amount of rain and wind, even if the storm is off shore . Certainly. Everybodyho but its a change that were looking at right now that well see if it latches on and holds. Thank you, jeff. He cheated death. Now detail earn hart jr. Is talking about the plane crash he and his family survived. What he says he learned from that accident. We have jimmy. Hey, guys, were playing search party with the cast of stranger things. Its a great show. Stay tuned. The man who killed robert f. Kennedy is recovering from a wound he got in prison today. He was stabbed this afternoon in the prison yard in san diego. He is in stable condition. Were back with more moment. From the couldnt be prouders to the wait did we just winners. Everyone uses their phone differently. Thats why Xfinity Mobile lets you design your own data. Now you can share it between lines. Mix with unlimited, and switch it up at anytime so you only pay for what you need. Its a different kind of Wireless Network signed to save. Save up to 400 a year on your wireless bill. Plus get 250 back when you buy a new samsung note. Click, call or visit a store today. We loved her as roda, actress Valerie Harper has died. She was best known on the Mary Tyler Moore show. The new york native grew up with dreams of becoming a ballerina. But it was harpers comedic talents that took her to stardom, winning her three emmys. She battled cancer for years and recently went into hospice. E yrs old. Nascar champion dal heart jr. Is speaking about his accident. After making a hard landing and bouncing down the runway, the planes landing gear collapsed. On board, a miracle the nascar says shes grateful for. In your life, you go through it to reorder your priorities, remind you sometimes i guess of what the importance, whats not so important. He suffered minor injuries but it says that wont stop him from racing in the infinite series this weekend. He will be driving number 8 in honor of his father who died in a 2001 race. The as and the yankees, what happened with that rivalry . Sports is next. Its time for the biggest sale of the year on a sleep number 360 smart bed. Can it help keep us asleep . Yes, it senses your movements and automatically adjusts to keep you both comfortable. Its the last chance to save 50 on the sleep number 360 limited Edition Smart bed. Plus 0 interest for 36months. Ends labor day. The as in the bronx taking on the yankees tonight of and a pair of lefties on the hill. Brett anderson for the as. Top of the seventh, seth brown singles to right, drives in mark canna. As up 62. Yankees trying to rally. Check out this great play. Thats your ball game. As win 82. In San Francisco the giants host ed the padres in the second game of the fourgame set. Madison bumgarner looking to win. The giants get on the board first with this tworun homer. Top of the seventh, bumgarner is cruising with the tworun lead as he strikes out ty france. Giants win 83. The coco mania continues. The 15yearold coco gauff preparing for a show down with the number one player. Gauff will take on the top ied, naomi osaka. Gauff won fans earlier this year when she reached the fourth round at wimbledon. Were back with more in a moment. Heres one you guys will like. Show me making it. Oh i got one. The best of amy poehler. Amy, maybe we could use the voice remote to search for something that youre not in. Show me parks and rec. From netflix to prime video to live tv, xfinity lets you find your favorites with the Emmy Awardwinning x1 voice remote. Show me the best of amy poehler, again. This time around. Now thats simple, easy, awesome. Experience the entertainment you love on x1. Access netflix, prime video, youtube and more, all with the sound of your voice. Click, call or visit a store today. Well well well, what have we here . A magical place. Thats lookin to get scared . And ghouls. And cars in disguise. Ive cast quite a spell now. You wont believe your eyes the spell is cast. Halloween time is back with spooktacular experiences in disneyland and disney california Adventure Parks . Has been excellent. They really appreciate the military family and it really shows. With all that usaa offers why go with anybody else . We know their rates are good, we know that theyre always going to take care of us. It was an instant savings and i should have changed a long time ago. It was funny because when we would call another insurance company, hey would say oh we cant beat usaa were the webber family. Were the tenneys were the hayles, and were usaa members for life. Get your usaa Auto Insurance quote today. Kari hall is tracking your holiday forecast. Monday morning 4 30 to 7 00. Yosemite gearing up far busy holiday weekend, that means putting up signs the protect the wildfire. Are in areas near road wayshe cars. They are recommending a lower speed limit for the area. Drivers hit 11 bears in the park this year, and the bears just go back into the woods and often just die alone an agonizing death. Visitors will get a new look at the signs this weekend. The park is hoping the visitors will latch on this idea and be aware of the animals. The whole point is to see the beauty and the wildlife. You dont want to have a negative impact on the park. Weather forecast this weekend, we are looking warmer, low 90s inland, 60s to 70s in sf. Warm outside. Have a great weekend. Stay safe. [ cheers and applause steve from 30 Rockefeller Plaza here in new york city, its the tonight show starring jimmy fallon and now, heres your host, jimmy fallon
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