Was an actual intentional act. Reporter yeah, she certainly did because that car was so far off of the road and away from the parking lot when it happened. Now, some deputies who are still inside are actually looking into whether or not that suspect some mao knew that victim. But everyone here while this was happening was very concerned because it was a busy time at the park. Tonight, a large park the unlikely site of a deadly hitann. Hiking about a half mile from the parking lot when she saw a black audi sedan on a dirt trial. I thought someone was distraught, i thought they were hitting a log. But i was like, no, this woman is were witnessing a murder. Thats a person on the ground. She took this video when she says the woman driving the car tried to get another witness called 911 and park rangers were closing in. Thats when the audi started slowly inching away, and then it peeled out, sped up, and started veering towards the path of other hikers and pedestrians, where they were jumping out of the way as well. Reporter but santa clara sheriffs deputies ran down the driver right at the entrance, pinning the car. In all one pedestrian was killed. Another hiker was hurt and treated at the scene. The driver is in the hospital facing charges for murder and other felonies. Its a very frequently visited park, so anyone that has information regarding this case, please contact the sheriff eight office. Reporter details are limited. We dont know if the suspect and victim knew each other. No motive was given. Monica says with all the hikers and even a field trip about a mile from the scene, it could have been worse. No civilian vehicle should ever be over there. Reporter the names of the suspect and victim havent been released. The park has been closed for the entire day, but were told that it will reopen tomorrow. Were live in cupertino. Ian cull, nbc bay area news. New video just into the newsroom of what appears to be a car crashing into an Apartment Building in the south bay. That video shot outside the apartments on branham and osgood in south san jose. Witnesses tell us a car went into one of the units just about after 9 15 this evening. Police and firefighters are around the car. At this point were not sure of any injuries. We have calls in to the San Jose Police for details on what happened. Well update that on our home page. A row ward is being offered to help police find the driver of a hit and run in oakland which cullkilled one woman and injured a 4yearold girl. Investigators say the 45yearold woman and young girl were walking in the crosswalk when a car ran a red light and struck them. Ied at the scene. The 4yearold is expected to survive. A 15,000 reward is being offered for an arrest in this case. New information tonight on a kidnapping and killing in santa cruz. Late last night, someone kidnapped this man, tech executive tushar atre. Were learning more about what he was doing before someone took him from the house in the middle of the night. And if the body police found in a car is his. Terry mcsweeney joins us with what we know. Terry . Reporter 50yearold tushar atre kidnapped from his Pleasure Point house at 3 00 this morning. A 911 caller saying he was forced into his white bmw and driven off. Within hours, an emotional facebook plea for the publics help. We need to help Law Enforcement because we need our friend back, please. Please help us find tushar. Reporter help did not arrive in time. Through their investigation, they found that white bmw that the victim was last seen getting into, and they also found in that same area adeceased body. Reporter that discovery off socal san jose road in the Santa Cruz Mountains 15 miles from res home. Especially for jason dedany, who had been working closely with atre on a real estate deal. I was talking with him around 3 00 or 4 00 yesterday. Reporter he saw the news, atre kidnapped, his car, and a body found. Kind of an awkward feeling. Never had this happen before. Reporter investigators are not saying the body found is atres, just that theyre looking for a suspect. Neighbors are left to speculate. You want to know if its a stranger or if its something that people familiar with each other and there was a problem definitely. Either way, its not a good thing. Reporter a Santa Cruz CountySheriffs Department spokeswoman says the name of the deceased should be released sometime tomorrow. Terry mcsweeney, nbc bay area news. Threatening to sue. Tonight Rudy Giuliani says hell take democrats to court over Text Messages and phone records connected to his dealings with president trump. It comes the same night a former white house attorney who knows firsthand about impeachment hearings spoke at a town hall meeting in union city. Nbc bay areas jean elle is live tonight where hundreds of people came to listen. Jean . Reporter janelle, more than 400 people showed up here at Union City High school to listen to representative Eric Swalwell talk about the impeachment inquiry. They also heard from a man who had a front row seat to president nixons impeachment hearings, and he says the Trump Administration is engaged in a coverup, and coverups dont work. I think that this president is going to make Richard Nixon look like a choir boy. Reporter former Nixon White House counsel and witness in his impeachment wd of hundreds the impeachment inquiry of President Donald Trump is going to be uncomfortable. Speaking with believes there will be other whistleblowers, and he expects them to be white house lawyers like he was. Theyre all officers of the court. It strikes me that one or more of them should be stepping forward to address the problems they see. Reporter representative swalwell says now that phone note showed the president leaned on the president of ukraine for information on a political rival while withholding military aid, congress has to act. Doing nothing will make his behavior worse. Reporter telling a skeptical crowd he believes republicans who are still defending the president will eventually face the evidence. Im not giving up on my republican colleagues that they will understand the weight of what he has done. Reporter swalwells supporters who came to listen say they are frustrated by what feels like a culture of corruption at the white house. If they dont come forward, its just another example of the dishonesty at the highest levels of our politics. How hes going to hold just the president but the whole administration. Reporter swalwell says hes heading back to washington tomorrow to continue working on that impeachment inquiry. He says congress is still working on communicating directly with that whistleblower who exposed the phone call. Reporting live in union city, jean elle, nbc bay area news. Thank you, jean. A prominent Republican Attorney in San Francisco says the state is drping the ball when it comes to verifying voters. Today he filed a lawsuit against california secretary of state alex padilla. Shes accusing him of adding people to the voting rolls without adequately verifying their citizenship. Padilla quickly fired back saying the lawsuit is nothing more than an underhanded attempt to brip their Voter Suppression playbook to california. A hayward man will bancisco. The fbi says this Surveillance Video shows edward pong taping bundles of cash to a drawer in a bay area hotel. Investigators say another secret agent then took the cash and left an sd card with information. Pong then handed that card over to china. The entire time the fbi was in on it. Officially in trouble with the law. Four Football Players at Gilroy High School cited for sexual battery. Nbc bay area first broke this story last night about accusations of sex assault in the locker room after practice last week. The four players are accused of assaulting one of their teammates. That student notified school administrators, who called police. The names of the students are being withheld because they are minors. Unfair labor practices. Thousands of Santa Clara County workers say theyre going on strike because of that tomorrow. Workers across a number of different departments and agencies will picket youds the Family Resource center in san jose starting early at 6 00 a. M. That strike will be the first in the county in nearly four decades. A somber evening in las vegas. The Community Came together to remember the victims of the thi people were killed at the route 91 harvest m history. Tonights ceremony took place at the Las Vegas Community healing garden. A candle was lit for each of the victims. Tonight in gilroy, a Community Came together for an which was postponed because of the garlic festival shooting. Gilroy police finally able to host the citys National Night out. The event is aimed at promoting relationships between Police Officers and the community. It was originally scheduled for early august, days after a gunman opened fire killing three people. With emotions still raw, police decided to put off the event until today. I think this year is particularly special in light of the events that our community went through in july. So, you know, this turnout is great, and the interactions are more meaningful. The police chief also says hes proud of the community of gilroy for all the support sin. Just minutes ago we got word that the show will go on. In the last 20 minutes, the Milpitas City Council voted unanimously to allow the Drama Program center stage to practice and perform at its community theater. Now, the city was considering closing the curtain on the performances because it cost them close to 75,000 a year. They dont follow their own procedures. Theyre supposed to be keeping account. But theyre not. We discovered i. C. E. Violates its own rules and policies and does not track u. S. Veterans whom they deport under a longtime policy. Coming up in 60 seconds, we investigate why. Upping the ante. Netflix makes a big move to attract new subscribers. Watching clear skies and chilly temperatures for now, and another storm system on the way. How that could and a big weeken warmup on the way in our sevenday forecast when we come right back. Your business is up and running, but is it going beyond fast . Comcast business gives you high speed internet. We also have Solutions Like powerful wifi that gives your entire business more coverage and automatic internet backup that can keep your business running. And it all starts with our gigspeed network. So give us 10 minutes. If we cant offer you faster speed or better savings than your current internet service, well give you 300 dollars for your time. Call now to get your comcast business 10 minute advantage. Comcast business. Beyond fast. Nbc bay area has learned that some immigration officials did not follow their own policies when they deported u. S. Military veterans who got into legal trouble. Our senior investigator first reported about hundreds of u. S. Vets being deported over the years. He joins us now with an update. Reporter a soldiers family says he was left behind by the u. S. Government when he most needed help, marine enrique solace could not get it. Vets who are not citizens like consideration before being deported, but this gao report says in many cases, i. C. E. Did not follow its own rules nor even track those veterans. You may remember the scene in tijuana, mexico, 2 1 2 years ago when stephanie reunited with her father, Enrique Salas, who had grown up in l. A. , wanting to serve his country. From the time i was 10, thats the only thing i dreamt about being was a marine. Reporter at age 17, a week after graduating high school, salas joined the marines, serving in the persian gulf war. Putting on that uniform was the greatest thing in the world. Reporter after earning an Honorable Discharge from the marines, salas soon began to struggle with drugs and was arrested twice for drug possession, serving six months in jail. During a visit to mexico, i. C. E. Refused to allow him to reenter the u. S. Because of his drug possession convictions. Do you still consider yourself an american . Very much so. Even though you sit right here . It doesnt democracy any differen doesnt make any difference. We learned of 300 other Service Veterans deported under a policyion and every president since. A policy enabling deportation for anyone who commits whats known as an aggravated felony, a term that includes crimes such as failure to show up in court, entering the country illegally, and as in salas case, drug possession. If youve been convicted of certain offenses, its a deportable act. Even if youve served as a veteran . Thats right, yes. Reporter u. S. Citizenship and Immigration Services spokeswoman defended the policy in an interview with us two years ago. Does that seem fair . We dont ask ourselves whats fair or not fear. We simply are here to administer the law. Thats what were charged with. Thats what we do. Reporter but according to this report by the Government Accountability office, the investigative arm of congress, i. C. E. Did not consistently follow its own policies involving veterans. In some cases, agents were unaware the policies even existed, and some veterans who were removed may not have received the level of review and approval that is appropriate for ca iveterans. I couldnt hardly believe it. Reporter Riverside County democratic congressman mark dhaka know chairs thegao study. They dont follow their own procedures. Theyre supposed to be keeping account. Your reaction to that . Well t was one of anger and disbelief. I think theres definitely room for improvement. Reporter David Jennings serves as Field Office Director in northern california. Jennings says the gao merely found lack of documents and electronic data and could not point to any specific case where a veteran was deported who should not have been. Nowhere in their report did they say we removed anybody we shouldnt or anything like that. How can you assure that i. C. E. Will consistently handle veterans cases going forward. Going forward were going to have to go with the recommendations, the training. Is it acceptable they didnt know their own policy . No, but its understandable as things have changed over time. Reporter any changes from this report come too late for Enrique Salas. Enrique salas case is sad. Its tragic. It should make every american angry. Reporter salas was critically injured in a car wreck last year w living in exile in mexico. He was taken to a General Hospital in tijuana. Its tough. Stephanie desperately tried to get her father back to the United States and better medical care, but it took two weeks to get approval from u. S. Immigration to bring her dad back across the u. S. Mexico border and to an american hospital. I mean at that point it was too late. Even till his last day, he considered the u. S. His home, like his country. He was a proud marine. He was a proud marine, always, always a proud marine. For the country to turn their back on him like that salas died without ever meeting his namesake grandson, august enrique. So now Enrique Salas is finally back in the country he served so proudly. Back under a policy which allows deported v die to be buried in u. S. Soil. Salas now rests here in a Military Cemetery not far from where his parents still live southeast of fresno. I just dont want my dad, like everything that he didnd his life to be in vain. Reporter congressman takano says he will work with lawmakers on both sides of the aisle both on the judiciary and the Homeland Security committees to change this policy. And as he puts it, quote, correct this egregious injustice, end quote. Takano says he wants to bring every deported veteran back to the u. S. Before they die. That is such a stunner, and how heartbreaking for that family. A real gut punch. It really is. And u. S. Officials knew he was suffering in that mexican hospital and still drug their feet for 13 days. He got to the u. S. Soil and died less than 24 hours later. Oh, its clear to see how emotional you are about this story and how connected you are. An important story. Thank you for bringing that to us. You bet. Thanks for the update, stephen. If you have a story for stephen or our investigative unit, give us a call, 888996tips. You can also go to our website. Let bring in rob mayeda to talk about the changes were going to be seeing this week. By the weekend, were going to see quite a warmup. Were going to see a slow transition to summer like temperatures by the weekend. The story of tonight, similar to the last couple nights. Clear skies and light wind setting us up for chilly temperatures for the morning. Some pretty views around the bay. Here the one from sutra tower looking to the golden gate bridge. No fog and not a lot of wind. San francisco right now, 57 degrees. Just a bit of a breeze at 8 miles per hour. Emeryville right now, clear skies, down to 53 already. Into san jose, were also seeing mostly clear skies, currently at 57 degrees. So with the clear skies and dry air brought in by that winterlike system over the weekend, this once again sets the stage for another chilly start to the morning. So youll want a jacket. Youre probably going to have to run the heater in your car tomorrow morning, especially in the north bay, like up towards napa and snow ma could be starting in the upper 30s. Bayside still saying in the mid to upper 40s to near 50 tomorrow morning in San Francisco. High temperatures around the bay area tomorrow at least during the day will be trending warmer. Look at the jump in temperatures. Its about a 30degree swing. You go from your winter coat for the morningme. By lunch time back into tshirt weather. Numbers closer to 80 around morgan hill. 77 in dublin. Close to 80 in pleasanton. The weather does look great for the as game coming up after 5 00. The wild card playoff there, temperatures close to 70 around first pitch time at 5 09 in the evening. Now, as we widen things out for you, you can see how things are relatively clear. No fog as High Pressure has settled in. Even though the satellite view is interesting. Were going to see this system drop in. Unlike we saw this weekend, its not going to dive down into northern california, staying just far enough to the north to bring a slight cooling for thursday. Then once that system starts to lift on out, well see high bl weather model is actually trending stronger with this particular ridge, warming us through sunda aen to monday. Well see another warm day where some valleys could see mid to upper 80s. A few adjustments to your sevenday forecast brings 70s back to San Francisco just in time for the weekend. Sunday looks to be the warmest day around San Francisco. For the valleys, saturday, sunday, and monday now, three days we could see mid to upper 80s. So its that time of year you got your Winter Clothes in one box and your summer clothes in the other. Youre going to need both at some point over the next couple of days. Chilly mornings and warmer we wont pack anything up yet. Thanks. Coming up, not opening this year after all. When we can expect trains to start rolling into those new b. A. R. T. Stations in the south bay. And we have jimmy. Hey, guys, Linmanuel Miranda is my guest tonight. Its a great show. Stay tuned. Happening now, Mark Zuckerberg has a plan to deal with democratic hopeful Elizabeth Warren if she becomes president. The website the verge released a recording of zuckerberg said he would sue the government and likely win if senator warren planned to break up tech giants. He put a link inviting anyone to read it. Well be right back with more news. Welcome to the carnival 30 minute tour. Hey, shaq. Its a 30 second tour. No man its like. Welcome aboard. Skyride. Mini golf. Relax relax relax you take this man to be your husband . I do. Married. No time for basketball. Pool. Carnival. Choose fun. Netflix hopes that paying tv creators big bucks will draw new subscribers, the politician is the first of many new shows. Netflix reportedly playing ryan murphy 300 million for a fiveyear deal. The company is trying to stay ahead of several new rivals. Dont plan on getting on the train anytime soon. B. A. R. T. s new milpitas and berryessa stations are behind schedule. B. A. R. T. Had originally planned to open the stations by the end of this year but the agencys manager says thats not going to happen. Engineers still need to work out a number of kinks. Then b. A. R. T. Will need to do three months of testing before the trains are ready to ride. No word on the opening day, but its likely sometime next year. After 40 years in business, minervas restaurant in fremont is closing its doors this week. The business was founded minerva gija. She immigrated from lebanon in the 1950s. A second owner took over and is now retiring from the food business. Minut miner minervas is scheduled to close at the end of the day thursday. The starting pitcher for tomorrows wild card game and same late inning heroics tonight. Coming up next in sports. Announcer Time Magazine reports the new american addiction. How juul hooked kids and ignited a Public Health crisis. Other news outlets report juul took 12. 8 billion from big tobacco. Markets ecigarettes with kid friendly flavors and uses nicotine to addict them. 5 million kids use ecigarettes. Juul is following big tobaccos playbook. And now, juul is pushing prop c to overturn ecigarette protections. Vote no on juul. No on big tobacco. No on prop c. All right. You ready first playoff game at the coliseum in six years . The as hosting the tampa bay all. Moretarting pitcher for the as will be sean manaea. This is his first postseason appearance. He says hes more anxious than nervous. Yeah, its exciting, got my parents coming. Its going to be crazy. Crazy. First pitch tomorrow nights game, 5 07. The winner moves on to play the Houston Astros in the divisional series on friday. Tonight was the National League wild card game in washington, d. C. Milwaukee brewers and the nationals down 31 in the bottom of the eighth. The nationals stage a wild threerun rally and come back to win 43. Washington moves on to play the l. A. Dodgers in the n. L. Divisional series. Game one on thursday. Sharks open the season tomorrow night in vegas but forward evander kane has been put in the penalty box to open the season. Hell miss the first three games for shoving an official. Happened during the sharks final preseason game against th. Were back with more in a moment. Tv just keeps getting better. How you watch it does too. Featuring the Emmy Awardwinning voice remote. Streaming Services Without changing passwords and input. Live sports with realtime stats and scores. Access to the most 4k content. And your movies and shows to go. The best tv experience is the best tv value. Xfinity x1. Simple. Easy. Awesome. Xfinity. The future of awesome. In the human brain, billions of nefor people with parkinsons, some neurons change their tune, causing uncontrollable tremors. Now, abbott technology can target those exact neurons. Restoring control and harmony, once thought to belost forever. The white house, pink. Yes, thats the color of the president ial residence to honor the start of Breast Cancer awareness month. The tradition started back in 2008. Each october theres a campaign which urges women to get mammograms, which obviously are key to Early Detection of Breast Cancer. Finally tonight, its something every bride and groom dread on their big day, wedding crashers. But these crashers are pretty cute. The couple having an intimate ceremony in Golden Gate Park had some uninvited guest, raccoons. Theyre in the photos. The raccoons didnt stay long. They just said hello and left. They just stopped for the photo opp and went on their way. You know what . They were cheap. They had no cocktails and no food. They just hung around and took some photos. Memorable photos for that couple. Lets talk about the week. It looks down and then up. Interesting weather. We got these almost 30 to 40 degree temperature spreads during the day. You still need to bundle up in the morning with some chilly temperatures. North bay valleys will see upper 30s. Might get that around santa rosa towards the weekends, well see the temperatures climb. Three days starting saturday through monday will inland valley will have mid to upper 80s for highs. San francisco as well in that same time frame, starting saturday well see highs in the mid 70s. So well get this sort of late burst of warm temperatures, feel a bit more like summer on sunday, then trend cooler early next week. Next chance of rain is not in the forecast until about october 10th. Unlike we had this weekend with the sierra snow and showers, next chance of rain holding off until the middle of next week. Nthanks so much, rob. Thats going to do it for us. Well see you tomorrow. Have a great night. Byebye. [ cheers and applause steve from 30 Rockefeller Plaza here in new york city, ing jimmy fallon. And now, here he is, jimmy fallon