Is in a walkway between two homes on the 900 block of gill crest drive. Witnesses reported hearing gunshots around 9 30 around officers found a man suffering from at least one gunshot wound. Pronounced dead about 15 minutes later. Investigators are trying to piece what happened together. Police right now do not know if this is gang related. They are looking for the person or persons who shot this man. And right now they are not allowing anyone in or out of this area, so People Living in this area are being told to stay away, at least for the time being. This is the 35th homicide of 2013. There were 46 total last year. Thats the latest here with breaking news in san jose tonight, george kiriyama, nbc bay area news. George, thank you. We have new details also tonight in the shooting Death Outside of a popular restaurant in sunnyvale. The officers who shot and killed the man in the restaurant parking lot on wednesday afternoon believed he was reaching for a gun. However, no weapon was found. Police say juan morales was the subject of a long drug investigation. He allegedly sold a pound of meth to undercover officers the day he was shot. The six officers say he verbally threatened one of them and made a movement, leading them to open fire. Police say this San Francisco this woman was run over and killed, this new mom, christine, in a San Francisco park yesterday by a worker and left the scene. Tonight, he is out of jail, home with his family, while another family mourns the loss of that mother and wife. Jean elle is following the developments in San Francisco. We owe it to this family to make sure Something Like this never happens again. Reporter david campos is ready to change city policy if thats what it takes to be sure that no one else is run over and killed. Police say 57yearold tom bernonski ran over the 35yearold in his city truck yesterday, killing the new mother as she enjoyed a day with her 11monthold baby girl and dog. Just a great sense of loss that we feel about this. Reporter it is against the rules for workers to drive on the grass, and theyre supposed to have another employee escort them on a pedestrian path. But workers routinely break the rules. I hollered at him, and i said wait, stop, because i had to get out of the way with my service animal. Reporter rec and park says over two years its received only four complaints. Two involved workers driving at holly park. One custodian was fired. The other complaint was a reminder of the rules. But peggy says the records are incomplete. Her complaints arent documented because she made them in person. I had an incident with tom about his driving, driving too fast in the park. She said, im going to let our supervisor know. Reporter while records are reviewed, a community is morning the loss. Coworkers and friends say it was impossible not to be moved by her spirit, as her husband and daughter face a life without her hes not somebody who would think to put people in harms way. Reporter jean elle, nbc bay area news. Now, he is on unpaid love from the rec and Park Department while the investigation continues. The d. A. s office still has to consider what, if any, charges to file. He may appeal in court next week. Crews spent hours cleaning up after a big rig crash at the height of the evening commute. The truck overturned on 580. Within minutes it was fully engulfed in flames. The driver got out safely, but the right lane was closed for about four hours, snarling traffic. New at 11 00, did you hear about the giants game tonight . One of the most memorable games of the season because of what didnt happen. A relatively unknown pitcher came this close to baseball history. And the pitch. Swing and a line drive to right. Pence is going to live and it falls in front of pence for a base hit. So close. They say its a game of inches and it is. That base hit with two outs in the ninth inning spoiled his perfect game. He was one strike away. But eric chavez ruined what was going to be a rarity in baseball. Everyone was all set to congratulate him on the field, the fans were ready to celebrate, but he settles for a onehit shutout. Much more later in this news cast. Its going to be a hot weekend and its headed our way. A live look over san jose where its in the low 70s at this hour. Jeff ranieri is in the weather sent tore show us some of those bay area hot spots. This is going to be some of the warmest weather since mid july weve experienced with High Pressure building over california. So at this hour, not only low to mid 70s in the south bay, but in the east bay. 74 in livermore, and throughout sections of san jose, were experiencing temperatures primarily in the mid 70s. So at this rate, not a whole lot in the way of overnight cooling. Upper 60s and low 70s even by 11 00 a. M. Tomorrow temperatures expected to soar into the 80s. Well see the air quality suffer in the south bay. Well talk about how long this will last and where you can escape that heat this weekend. Hot weather comes with increased fire danger. Firefighters are just returning home after battling the rim fire near yosemite. They say triple digit temperatures means everyone here in the bay area needs to be on guard. Anything from a campfire, open flame, cigarettes, something that can get into these dry fuels, the potential is there. Firefighters plan to spend the weekend on patrol. After seeing the destruction caused by an illegal campfire. A major route into yosemite that was closed because of the fire is open again. State route 120 reopened around noon. New developments tonight in an nbc bay area exclusive investigation thats gone from local to national. Now impacting food safety nationwide. Even across the border. We first uncovered Cisco Corporation storing raw meat, chicken, dairy and produce in outdoor refrigeration sheds. Now the ceo admits the practice went far beyond the bay area. Vicky nguyen joins us with the surprising announcement made this evening. Reporter sicisco issued thi statement after we started asking questions about just how many sheds the billion Dollar Company was using. Back in july, we found at least 14 were in operation here in the bay area. Cisco told us then that it was an anomaly. But in the weeks after our investigation first aired, we started getting tips from all over the country. Company insiders prompted us to dig deeper. Tonight, cisco is confirming to nbc that it did indeed operate sheds beyond california. But as of tonight, cisco is officially done with the sheds, which it called drop sites. The ceo says they el us with respect to the sheds we uncovered here in the bay area the company would not confirm how many of these locations were in use or for how long. Well have much more on this story in the coming days and to see our original reporting, go to nbcbayarea. Com and click on investigations. Back to you. Big developments. Thank you, vickie. If you have a tip, give us a call at 888996tips or send us an email. One of the biggest names in Silicon Valley commercial real estate filed plans for a massive new development in north san jose. The 20 acre project would be built near north 1st street. The Development Firm wants to build ten sevenstory buildings. San jose City Planners say its the most exciting project to come along in 30 years. And with one prospective ten namt, its bng designed as a leading edge campus for a tech company. Theyre proposing swimming pools and basketball courts down in the parking garage, soccer fields on top of the parking deck. Walkways connecting between buildings up in the air. So its a really cool place. Were excited about seeing that kind of Employment Base onlying into san jose. The developer plans to use 24hour construction to complete this project in close to a year. They want the as and they are not backing down. San jose fired back at major League Baseball. Lawyers filed new arguments in court, accusing mlb of illegal and collusive actions that prevent the as from moving to downtown san jose. The city was challenging baseballs antitrust laws. Major League Baseball is trying to convince everyone that it can use its financial power to keep the as away. But its going to have to tell that story to a san jose jury. Come october 4, a judge will decide if the lawsuit can move forward. Major League Baseball has asked that the suit be dismissed. An unmanned rocket with a big bay area connection blasted off from virginia tonight. One, zero, ignition. And liftoff. Quite an impressive liftoff. They call this rocket the laddie. It was designed, built and tested here in the bay area. The mission is to orbit the moon for 100 days, collecting information about the moons atmosphere, especially the dust close to its surface. In celebration of this big event, nasa hosted a launch viewing party tonight. Heres a picture of hundreds, if not thousands of bay area space buffs that came out to watch. I really love them. He was a good dog. A boys best friend stolen right from his familys apartment. Coming up, his plea for the puppys return. President obama back on u. S. Soil tonight after trying to make his case for military action to syria. Find out when hell try to make the case to you. And well tell you why some experts say the ipod is coming to an end. And breaking news in east san jose. The citys 35th homicide of the year. Details next. Turn around every now and then i get a little bit hungry and theres nothing really good around turn around every now and then i get a little bit tired of living off the taste of the air turn around, barry i finally found the right snack with our new, improved Peanut Butter chewy bars. Want to update you on our breaking news. San jose police are investigating the citys 35th homicide of the year. These are live pictures from the scene. A man was shot and killed around 9 30 this evening on gill crest drive near 680. No word yet if this was gang related. Well bring you the latest as it comes into our news room. Puppy napping caught on camera. Marissa says she was in her oopt, the door was unlocked and a stranger walked in and took the puppy. A surveillance camera recorded the woman carrying grizzly to her suv. Grizzly belongs to marissas 13yearold son, juan, who got a little teary eyed when he talked about what happened. I felt shocked. Like why would you take my dog away from me . Grizzly is a pit bull shepherd mix. The family only had the dog for a few weeks. A missing puppy report was filed with the police department. Another stolen puppy, this time roscoe is his name, a 5monthold french bull dog. Roscoe may be with two girls who took a liking with him. A witness said that those girls were leading the dog away on foot. When questioned, they said they owned the dog. President obama is back on american soil tonight and syria remains one of his top concerns. While in russia earlier, the president announced he will address the nation in primetime on tuesday with the goal of convincing americans to support military strikes in syria. Members of congress have been getting a flood of calls from voters with the majority opposing any military intervention. The president wants to use limited air strikes against the syrian regime. The senate could vote on the matter as soon as wednesday. There are serious accusations against iran, connected to the syrian conflict. U. S. Intelligence Officials Say they have intercepted an order from iran to militants in iraq to attack american interests in baghdad if a strike against syria is ordered. American warships in the persian gulf are on alert for irans fleet of small boats should that unfold. U. S. Officials say theres a danger of hezbollah attacking the American Embassy in beirut. Plans for a september 11 memorial in downtown hayward are back in motion. It will have four black granite pillars that represent the four hijacked airplanes. The memorial will honor veterans and police and firefighters who died in the line of duty. Lit be next to the Old City Hall at d street and mission boulevard. The project still needs funding, about 100,000. To donate, visit their website. A warning is going up in palo alto, beware of calls from Utility Companies that are fake. A Business Owner alerted the city after getting a call from someone who claimed he was overdue on his utility bill and the power would be shut off if the owner didnt pay over the phone immediately. The calls originated in los angeles. The scammers identified themselves with being with the department of water and power. As you can imagine, that rattles people, even if they have paid their bill, especially a business is going to panic and think i have to act quickly to stop my power from being shut off and agrees to give a credit card number, which then a thief has. Phone calls should be a tip, though. Employees are trained to identify themselves as being with the city of palo alto in every single phone call. This is a big weekend in San Francisco. Team oracle is already behind. The racing team start with negative two wins. Oracle was punished earlier this week for cheating during the preliminary races but adding an illegal weight. So oracle must win 11 races to regain its title. The action begins tomorrow afternoon right here on nbc bay area. If you go into the city, it is going to be beautiful to watch that race. That 100 degree heat you ordered up, oh, yeah, thats on the way for parts of the bay. High pressure sitting offshore and its starting to settle in across the bay that youre going to see something here that you only see about ten times a year. That is cloud free conditions from the coastline. All the way to the interior valleys, from 8 00 a. M. Tomorrow through 4 00 p. M. , upper 70s, upper 80s and thats right, we are looking at upper 90s at 4 00 p. M. For tomorrow for those superior valleys. Some of the hottest weather since mid july. Outside right now with the clear High Definition view tonight, and san jose it is looking magnificent. Also, off to the north, thank you, crew, back in the control room. You can see the city lights shining bright. So that clear forecast staying in the mix. Temperatures are continuing to warm up throughout tomorrow. Heres the south bay. Here is the thing about this. Not going to get extremely hot, not record setting. But temperatures go up ten degrees from what we experienced today. Also 92 in palo alto. 93 las gatos. We do have the worst air quality for the sap that clara valley. 98 expected in danville. 99 in walnut creek. Overall, it is going to get very hot. 99 in pleasanton and 99 in livermore. This is going to be great for your tan. Remember to take a lot of breaks out in that sun, because this kind of heat can catch up on your quickly. 85 in San Francisco. 84 in pacifica. 97 in samona. Oakland should get close to a record setting high tomorrow. Some of the best beach weather so make sure you get out there and enjoy it at the coastline. Looks pretty good. Sunny skies will give you a nice long look at this sevenday forecast. Looks so great throughout sunday. At least by the way with those 80s. Inland may be too hot for you, near 100. At the coast, you can get relief there with temperatures bordering the upper seths to near 80. We cool off wednesday, thursday and friday. And americas cup tomorrow and the nfl on sunday. Thank you, jeff. Getting rid of something old and something new coming instead. Find out whats going on with apple, next. Apple is going real big in palo alto. Real big. Its new store opening tomorrow morning. It is 1200 square feet with 23 foot tall ceiling. The new location, seven times larger than the old one. Apple says that its the first kind and will influence future stores. Apple has. Commented, but the ridge Natural Design of the ipod may be put out to pasture, because apple still has no plans to update that design. Apple sells what it calls the ipod classic. Were back in a moment with the giants heartbreaking victory. Thats right. Stay with us. [ female announcer ] when you asked us to remove High Fructose Corn Syrup from yoplait original and light, we were like, sure. No problem and you were like, thanks, but what about thick creamy and whips and we were like, done and done now its out of everything yoplait makes. And you were all, yum and were like, is it just us, or has this been a really good conversation . And you were like, i would talk, but my mouth is full of yogurt. Yoplait. It is so good making just his fourth start since 2009. Coming into the game, he had yet to throw his complete game. One pitch away from a perfect game. You heard me right, a perfect game. Chavez lays off the breaking ball. Count now full. He has to throw a strike to keep the perfect game. But that is hit just in front of hunter pence. The perfect game ruined by about a foot. Next batter, a. J. Pollock and he ends it. So no perfect game, but he does get the onehitter complete game shutout. Oh, so close to history. Giants do win 30. [ speaking spanish ] translator he said the last two outs he can go either way. But when he went to the 32 count, he had to throw a good pitch and challenge him. Hes got three wins this year. That ties a career high. As taking on the astros. Thats josh donaldson, deep, gone, 21 on the year. Make it 74, as. In the ninth, it is sogard who cant make the place. As win final score in this one 75. Football now. Jim harbaugh made headlines with his talk of when a quarterback can be hit, mostly because his quarterback is a runner and a passer. Today, he continued the gray area talk. I guess i dont have a sense or a unique personality trait at this time. You know, your identity is one thats earned on the game days and looking forward to our team forming that identity. Feel good, feel confident, feel like our team is ready to play. Talking about the identity of this years team compared to last years team thats sports. More news after this. Too big. Too small. Too soft. Too tasty. [ both laugh ] [ male announcer ] introducing progressos new creamy alfredo soup. Inspired by perfection. [ female announcer ] at 100 calories, not all food choices add up. Some are giant. Some not so giant. When managing your weight, bigger is always better. Ho ho ho green giant before we leave you, we want to update you on our breaking news. Live pictures in east san jose, the citys 35th homicide of the year. We just spoke with police. The victim is a man in his 40s. That shooting happened around 9 30 this evening. Police say its normally a quite neighborhood, but at this point they have no idea who may have been behind tonights killing. Well, we have made it to the weekend. Thank you for joining us tonight and throughout the week. Enjoy the weekend and stay cool. Unbelievable. Shhhhh in our day, we didnt have uverse high speed internet. Yeah, our babysitter didnt have a million ways to serve mom up on a silver platter. We had to count sheep to fall asleep. And i always worried that i was creating an overcrowded sheep farm. In my head. Never looked like that farmer took proper care of those sheep. Too much . A little. [ male announcer ] connect all your wifienabled devices with uverse high speed internet. Rethink possible. Announcer its the tonight show with jay leno, featuring rickey minor and the tonight show band. Tonight, jay welcomes simon cowell. Comedian adam carolla. The music of american authors. And stuff we found on ebay. And now, jay leno [ cheers and applause ] [ cheers and applause ] jay thank you very much welcome to the tonight show thank you very much this heat will not let up. 105 in burbank today. 105. I thought at burbank airport. For an extra 10, a tsa agent