One of the vehicles, a selfdriving taxi. How the Company Behind the controversial vehicle says its car reacted at the scene. In less than an hour, the swearing in Laphonza Butler, making her the first ever openly lesbian black u. S. Senator. Were live with new words were getting from someone she knows well ahead of her making history on capitol hill. Good morning to you, thanks for joining us for our midday newscast. Im marcus washington. And im laura garcia. We begin in San Francisco with a crash involving a driverless taxi and a pedestrian. That Autonomous Vehicle might not have been the first car to hit the victim who was critically hurt. Nbc bay areas thom jensen joins us live in San Francisco this morning. From the cruise driverless taxis we understand it may provide evidence about what happened. Some video were getting in here. I understand you just got an update from police, thom. Reporter yes, good morning, and police are confirming what you just talked about and what the nbc bay area Investigative Unit saw in video provided by cruise last night that another vehicle likely hit that female pedestrian first, and then launched her into the lane that that cruise vehicle was in, and that cruise vehicle ran over here. San francisco Fire Rescue Team was dispatched to the scene at 5th and Market Street near the powell street b. A. R. T. Station about 9 30 last night. Those rescuers pulled the victim from the under the vehicle. She was rushed to sf general with life threatening injuries. So far, police have no witnesses. Because of the nature of the Autonomous Vehicles, theres no driver to speak with, and in this case, there were no passengers inside the vehicle when rescuers arrived. There were also no witnesses on the street. All we know is that the victim was found beneath the vehicle and rescued. Reporter in part, cruise said the initial impact was severe and launched the pedestrian directly in front of the av. The av then braked aggressively to minimize the impact. The driver of the other vehicle fled the scene and at the request of police, the av was kept in place. Our heartfelt concern and focus is the well being of the person who was injured and we are actively working with police to help identify the responsible driver. Sfpd confirmed the driver of that other vehicle did leave the scene. They also did not locate the vehicle or the driver, and they tell us that they do not have an update on the victims condition this morning. Were live until San Francisco. Thom jensen, nbc bay area news. Hopefully that person will be okay. Thank you, tom. When we first learned what happened last anything, we sent you an alert through our nbc bay area news app. Download it now to stay informed on the latest breaking news. Within the hour, Vice PresidentKamala Harris will swear in Laphonza Butler as californias newest u. S. Senator to fill the senate seat once occupied by the late dianne feinstein. Bob redell, i know in less than 24 hours, senator feinsteins body will lie in state in the building behind you, really where she started her political career. Reporter yes, you are correct. Senator feinsteins body will lie in state here tomorrow at San Francisco city hall. Behind me, as you mentioned. And the funeral which will now be public will be here on thursday. This is a live look at capitol hill in washington, d. C. , where at noon, in less than an hour, history will be made as our first black Vice President swears in the third black woman to ever serve in the u. S. Senate. Vice president Kamala Harris will administer the oath for Laphonza Butler. Butler is 44 years old. She will also become the states first openly les lesbian senato serve california. Governor newsom appointed her to this position to replace feinstein who passed away last week. Butler has never Held Public Office before. Most recently she has been living out of state but maintaining her home in Southern California which allows her to meet the qualifications to become our next u. S. Senator. She has announced plans to reregister here. For the past three years, she served as president of emilys list, a washingtonbased Political Action committee that raises money to elect democratic female candidates who support abortion rights. We spoke with one of her colleagues at emilys list. Shes a phenomenal leader, someone who comes to work every day, truly looking to make a difference. Shes someone whos thoughtful and smart, and ready to go. She is one of those bosses that is always working a little harder than you are, which is sometimes tough to live up to. Reporter to recap, tomorrow and thursday here in San Francisco, mourners will be able to pay their last respects to senator dianne feinstein. Tomorrow her body will lie in state at city hall from 9 00 in the morning until 7 00 at night. Her funeral will take place at 1 00 p. M. On the steps of city hall. That ceremony was originally private but will now be open to the public. Reporting live in San Francisco, bob redell, nbc bay area news. A lot of people wanting to pay their respects to their california, San Francisco, icon. Bob, thank you. The swearing in ceremony for butler is expected to begin about noon. We will bring the coverage live as it comes on. If youre not near a television, you can watch it at nbcbayarea. Com or by downloading our free nbc bay area app. A live look in san jose where happening today city leaders are expected to vote on the city creating its own power utility company. In august, Council Members first presented the proposal to create san jose power. Supporters argued pg e is too backlogged and lacks the money to focus on future service in the south bay. Opponents argue the move is a risky one that may leave taxpayers footing a huge bill. Two lines set to be completed in 2028. A live look outside in walnut creek. A beautiful start to our tuesday morning. Its only tuesday. Certainly a beautiful daily out. It is, and as of now feels nice and comfortable outside. Its going to be heating up as we go throughout the day. Lets take a look at some of those temperatures right now. Were at 72 degrees, as you move over toward the east bay, and its in the mid60s for san mateo. San francisco is in the upper 50s. As we go into today, low 70s for San Francisco, and along the coast. With the north bay highs reaching into the low to mid80s and the east bay, in the low 80s as well. Just a little bit warmer than yesterday. We are on a warming trend. Some of us 5 to 7 degrees warmer, and into the day on thursday, were looking at highs in the low to mid90s. Well talk more about this. The fire danger that comes along with it, and when well see a cooldown coming up in the full micro climate forecast. Oakland leaders will address plans to upgrade the citys troubled 911 emergency calling system. Reports by nbc bay areas Investigative Unit this summer led to oakland mayor taking action last month. We found long wait times and tens of thousands of calls abandoned last year. This is more than double the rate from the year prior. A scathing civil grand jury report added fuel to that fire. Last month, mayor fast tracked 2 1 2 Million Dollars to upgrade the system. Council members today will talk about where the money is going in terms of staffing and new technology. Again, Investigative ReporterCandice Nguyen has been looking into this issue for quite a while now. You can watch the latest investigation at nbcbayarea. Com investigations. New at 11, hunter biden has pleaded not guilty in connection with gun charges. Last month a jury issued an indictment against hunter biden claiming he bought a gun while using drugs. A proposed plea deal fell apart. Attorneys came before a judge today for an arraignment. This time without a plea deal. The next hearing in the case is scheduled for november 3rd. Hunter biden also facing possible tax evasion charges. House republicans are also investigating whether the Justice Department gave him favorable treatment of his investigation into the president s son. The criminal trial of Sam Bankmanfried started this morning with jury selection. The palo alto native is accused of stealing billions from the Cryptocurrency Company he founded, ftx. Will sbf testify in his own defense . Well have to wait and see. We do know a lot of people who are very close to him, including his exgirlfriend, his business partner, have been listed as witnesses by the prosecution. But if he did testify, one strategy might be advice of counsel defense, that he thought what he did was legal because Company Lawyers okayd it. Sam bankmanfried is accused of stealing billions of dollars from the company he founded. Hes pleaded not guilty to seven counts of fraud and conspiracy. Prosecutors say he took depositors money for himself, moved some of it to a Different Company he owned and committed fraud by trying to cover the whole thing up. Ftx at one point was a huge company, worth 30 billion with its name on a basketball arena and commercial endorsements by sports heroes including steph curry. The trial is expected to last at least six weeks. One issue, cryptocurrency is complicated but its likely the prosecution will keep its accusations simple. Stealing is stealing. Whether its crypto or cash or diamonds. Now, not only is today the first day of the trial, its also the day a book about sbf, written by the bay areas Michael Lewis hits book stores. Hes the guy that wrote the blind side, he spent time with sbf to write that book. One interesting take away he mentioned on 60 minutes, which you offered there. He considered offering donald trump billions of dollars not to run for president. Nothing ever came of it. Back to you. Breaking news in our midday newscast, two children died in a south bay tragedy. Investigators say they drowned in the backyard of a Home Day Care center. The questions that remain unanswered more than 24 hours later. Plus, preparing for the potential extreme weather. The tools state leaders say they are hoping to implement this year, and why californias weather situation is improving. And as we head to break, we want to show this photo that our own mike inouye posted on his instagram page. He competed in a match of come by sports, competitive improvisational comedy drew. The show celebrated the teams anniversary month. Believe it or not, mike first joined the team in 1997, but the show has been going live continuously from the south bay since 1987. Congrats, mike. We love youre a part of that team, but even more so love youre a part of ours. A south bay tragedy still leaving many Unanswered Questions this midday, after two children drowned at a san jose day care. Police are expected to deliver an update on that investigation around 2 00 this afternoon. A third child remains hospitalized. It all happened yesterday morning at the happy, happy day care, which operates out of a home on fleetwood drive near almaden lake park. Authorities say somehow the children ended up in the homes swimming pool. These were other children at the day care being reunited with their families. Its still not clear if there was a locked gate. A search by our Investigative Unit did not find a license for a day care at this address. That investigation is still ongoing. New at 11 00, the states Water Department is getting ready for potential extreme weather this year. The department of Water Resources water year goes from september to september, meaning now with the start of october, were officially in a new water year. Already researchers and experts are preparing to preserve and predict water levels for this upcoming year. In a meeting today, the department talked about lessons it learned from weather earlier in the year. Including getting used to two phases of the states water level. State and federal agencies that manage californias flood systems are preparing for extreme conditions, in case of either flood or drought. Which is our new normal. Now, expert says we are in a much better place as far as water reclamation because storms replenish reservoirs and ground water. A few things the department is looking into for this year is new Weather Forecasting Technology and more advanced ways to manage and save water. San francisco fleet week is officially underway. We want to give you a live look in San Francisco this midday. You can see there, nancy pelosi there attending. Mayor london breed is speaking right now. Theyre among those kicking off the annual event. Some people in the bay area got a sneak peek of what to expect in the skies above. The blue angels yesterday making the pass over San Francisco before landing in oakland at the oakland airport. Fans feared that the Government Shutdown might get in the way. Well, 1 Million People are expected to watch this years air show this weekend. And many bars and restaurants in that area certainly cant wait to see all of those folks out there. Now, the first practice for the blue angels scheduled for thursday. Theyll actually conduct the formal shows on friday, saturday, and sunday. One more live look right now in San Francisco. Mayor london breed is speaking right now. Were streaming this News Conference live at nbcbayarea. Com. Well, from everything fleet week from the angels to the parade of ships, weve got you covered. Everything you need to know on the festivities posted on our web site. All you have to do is go to nbcbayarea. Com and click on the link in the trending bar. And were continuing to celebrate hispanic heritage right here at nbc bay area. This midday, were shining a light on a San Francisco skateboarder who has made quite a name for himself. This is pro skateboarder, chico brenes. He was raised in nicaragua during the revolution. Violence hit his home and his mother was shot. She survived but decided it was time to get out. After crossing the border at 9 years old, brenes landed in San Francisco, speaking no english. Thats when he discovered something new. My grandma was the first one who got me a board from toys r us. My board was everywhere i went, and it was with me. Eventually, a skate Board Company took notice of him and asked him to go pro. He now has a line of boards and travels the world for skating events, but hes never forgotten his home. Make sure to stay tuned tonight at 6 00 p. M. To learn how brenes continues to push the boundaries of four wheels back in nicaragua and right here in the bay area. Theres a new reminder for you, fire season in full swing. Two fires yesterday left residents unnerved in the east bay. Video on the left showing the fire along lookout avenue in oakland. This is where the flames burned about two acres of hillside behind several homes. That fire, unfortunately, damaged one home. Now to the right you see there that fire burning three acres of hillside and martinez, coming dangerously close to homes. The cause of each fire still under investigation. I know, meteorologist kari hall you have been monitoring our weather conditions. Certainly were going to feel like summer out there. Its starting to heat up. And its kind of deceiving because just a few days ago it was in the 60s and 70s. Nice. We had a little bit of rain, and now im talking about 90s. Its going to be a little bit of a shock to the system. Along with warm temperatures also comes with a high fire danger, as we get these october winds that we do typically see start to blow offshore, which also heats up some of our coastal areas. We have very dry vegetation, so any fires that do start could spread very quickly, and it does stay warm into the weekend. As we take a look at our temperatures for today, just a little bit above what we were yesterday, what we saw during the afternoon, with East San Jose reaching 86 degrees, and some mid80s for los gatos, and then for the east bay, its up to 85 for a high in martinez, fremont reaching 84 degrees, and some low to mid80s for much of the peninsula. Daly city will reach a high of 80 degrees. 74 downtown, and for the north bay, reaching up to 88 in ukiah, while santa rosa will see a high of about 86 degrees. We take a look at one of the hotter spots like brentwood, reaching into the mid to upper 90s in the next few days. The peak of the heat will be on friday, and you can still see its going to be very hot on saturday. Under those conditions with the low humidity, you do have to be very careful, especially, once again, with the dry vegetation that we have around the bay area. A lot of the rain staying well to the north of us. We can see how it just basically goes up and over the ridge, which tends to push the active weather and the more wet weather farther to the north, but eventually its going to start to dip back into the bay area. Its not until next week, next tuesday and wednesday where we will have a chance of seeing some of the cooler weather and the rain returns. In the meantime, we have to deal with dry conditions. Weve already had quite a few storm systems hitting the pacific northwest, and this is another one that looks to stay well to the north of us, but still a chance that we could get some measurable rain next week starting on tuesday into wednesday. Most of us getting about a quarter inch of rain or less, but there could be a few spots, especially in the north bay mountains. Could get a half inch of rainfall. Its better than having to deal with hot and dry conditions. Taking a look at inland highs. Mid90s for thursday, friday, were up to 94 degrees next week. We do gradually start to see those temperatures coming back down. As youre making weekend plans, probably want to get out there on sunday because it will feel much nicer and were also going to see our temperatures in San Francisco reaching into the upper 70s and low 80s. Very warm for fleet week standing outside in the sun, but it will be cooling off as we go through the rest of the weekend. As we turn to our climate in crisis, tomorrow is california clean air day, and lets talk about the sources of pollution that we have coming from transportation. What causes the smog, the soot and greenhouse gases. The main source is commuting, traveling and shipping. But some of the solutions we have are efficient fuels, electric vehicles, as well as Public Transit. Tomorrow will be a great opportunity to take advantage of Something Different to get you to work. How about walking or biking. Did you know that also with those high gas prices, and then you might also want to check out Public Transit. Take a little time today to check ahead for the fares and the schedules, and some of our Public Transit agencies will be holding special events to get more people in the habit of using Public Transit. You can see more stories on how our climate is in crisis, and how it affects us here in the bay area, on our web site, nbcbayarea. Com, and click on the climate in crisis tab. Happening now, the deadline is approaching for a large scale threeday strike by Kaiser Health care workers. Union leaders say if a deal is not reached by the end of the day, workers will hit the picket lines tomorrow. On a positive note, both sides say talk is ongoing, and there are signs of progress. If you have lotto fever, theres another big chance to win big. Coming up, why this upcoming Powerball Jackpot is making history. Hi, im eileen. I live in vancouver, washington and i write mystery novels. Dogs have been such an important part of my life. I have flinn and a new puppy. As i was writing, i found that i just wasnt as sharp and i new i needed to do something so i started taking prevagen. I realized that i was much more clear and i was remembering the details that i was supposed to. Prevagen keeps my brain working right. Prevagen. At stores everywhere without a prescription. Powerballs growing jackpot now moving into some rare air because no one won last nights drawing, the new jackpot will be the 7th largest in u. S. History, and it will be powerballs third rgest ever. So how much exactly are we talking about here . Try 1. 2 billion. The one time cashout payment knocks out, actually, more than ha of that. But still a decent pay out for you. The drawing takes place tomorrow night, and for all those playing, good luck. And remember, were your friends. Were welcoming back marcus, he took a few days off, and during that time, he was given a very big honor. Marcus was awarded the 1aacsa award, given for his efforts in supporting the san joses Africanamerican CommunityService Agency and communitybased efforts. Marcus is not only the inaugural recipient but his mom, look at her there, even flew in to see him accept the award. No doubt a proud moment for the both of you. That it was, a Great Organization doing great work in santa clara county, thank you for that award and just a fun night. Very very good. Great weather on the weekend, great weather now. Its been getting warmer. Its going to be getting warmer. If you were missing summer, ive got something for you. Its going to be warming up into the mid90s over the next few days as we head into the weekend. Pull out the portable airconditioning. And putting away the sweaters. For now. For now. Thank you so much for joining us. We stream 24 7 on