At the ravenswood avenue crossing. This is just off El Camino Real in a congested part of town. Barry mcsweeney is live with the latest. What have we learned . Reporter we just saw a train going by here. They are working to repair the damage here in menlo park. Im told the traffic often backs up from just a block away from this direction, and if youre not careful you can find your car sitting on a caltrain track, and maybe a train coming at you as it did today going 80 miles an hour. This pile of metal used to be an acura suv. The impact from the train so strong, the vehicles engine was knocked clear and hauled away by a different tow truck. Its a tragedy. Reporter caltrain believes about 4 00 today, the woman driving the acura started across the ravenswood crossing but traffic prevented her getting her vehicle off the tracks. Its just a basic fundamental rule. Dont stop on the tracks. Dont start across the tracks until youre sure you can get all the way across. Reporter caltrain says there were 400 passengers on the train, none injured. Locals familiar with the intersection have seen many close calls at the same spot. Its difficult because i see cars hanging over the edge near the tracks and its scary. Its dangerous. Reporter peter and his son, august, are watching the cleanup tonight much as they did in april of 2012. Two accidents in a couple of years. Maybe its an issue. Changing that is very expensive and would change the nature of the city, so i imagine would it be controversial. Reporter a caltrain Spokesman Says the true on todays train will be Offering Counseling and engineers themselves have formed a support group for fellow employees involved in crashes. The train involved in todays crash i am told is being taken to the caltrain san jose station for inspection and repairs. All we know about the driver, they are not giving out her name were told she was just 30 years old. Live in menlo park terry mcsweeney, nbc bay area news. This has been a deadly night for caltrain. Late tonight, another person the was hit. A train killed a man in a tunnel just south of San Francisco. No reason why that man was on the tracks. And the driver of this truck was stuck on the tracks as well but he got out before the train hit. The impact sent the truck flying. The man drove around crossing arms. New at 11 00, tossed from a car into the street like trash. Inside the bag, a mother dog and her puppy. One dog died. But tonight, neighbors and even animal control are asking who would commit such a callous crime . Ian cole went to Santa Cruz County to find out. Ive never seen such a callous act. Reporter officers from the Santa Cruz CountyAnimal Shelter are searching for suspects in a puppys death. The puppy found here on the side of the road on friday its mother protectively standing by its side. The mother, while she didnt want anything to do with us and was afraid of us, refused to leave the puppys side. Reporter the dogs were put in a sand bag and thrown from a car, which killed the puppy, and left the mother shaken, now at the Animal Shelter receiving special treatment. Its a heinous crime, and it is a crime. And were looking at it as a felony if we can ascertain who it is that did this. Reporter people who live near the scene just south of the watsonville airport are disgusted. Its disgusting to disregard life like that. Reporter now officers are searching for whoever did this and reminding people theres a better way. We have the Santa Cruz CountyAnimal Shelter here. But if youre san jose or another city, every jurisdiction has a shelter thats willing to take animals that are unwanted. Theres no reason for someone to put them in a sand bag and throw them out of a vehicle. Reporter neighbors say its not unusual to see people illegally dumping trash out here at this isolated spot but they have never seen or heard about any animals being dumped here until now. If you know anything about this crime or recognize those dogs please call the Santa Cruz CountyAnimal Shelter. Ian cole nbc bay area news. A break in a south bay homicide case. 19yearold Gabriella Ortiz is being charged with murder. Detectives used this Surveillance Video from an East San JoseConvenience Store to help track her down. Police say ortiz and four other men killed robert hiezer. He was found dead inside of his gilroy home last week. Detectives are connecting ortiz and those suspects to similar crimes in different parts of the bay area. Police say this woman seen here is also ortiz. Now another victim says he picked up a woman who he thought was a prostitute. He was drugged, robbed, and beaten, also by four men. So why did he do it . The man busted for stealing from the girl scouts explains himself in an exclusive jailhouse interview. Well i took the money box from a girl scout basically because i needed money for drugs. Thats cody gitz an admitted heroin addict. He admitted to us that he stole a cash box from a girl scout selling cookies in front of a san jose safeway store. Police quickly arrested him and returned the money, several hundred dollars. Now ginz wants to let the girl scouts know hes sorry. I feel bad because my little sister is a girl scout and it just reminded me of her after i did it. He posted bail earlier tonight. Three cars up in flames this morning in campbell. Investigators believe this may be arson. Witnesses say they heard an explosion and then saw the three cars engulfed. Lots of damage to the cars but luckily no one was hurt. The latenight shuffle to get on a bart train is on right now, and night workers could be left at the curb. Tonight, a new push to get more options and trains moving forward. We have a report live from San Francisco. If you do miss that train, youre out of luck. Reporter you are. It will cost you, jessica. City leaders tell me thousands of people here in San Francisco right now are at work. Many of them are working behind the bar here in the mission district. They tell me they would like to take the bus home after work but they dont because service is limited. Its a road block some city leaders are trying to remove. Rush hour commuters in San Francisco can choose from dozens of buses and trains. We dont get out of here until 3 00 a. M. For latenight workers, its a different story. Ill either take a cab or another service. Reporter she says infrequent and unreliable latenight bus service is costing her. From my home to here, its about 18. Reporter and shes not alone. A city analysis says 60,000 late night workers need better transit options. Bart and caltrain stop before 1 00 a. M. And bus service is limited. I cant remember the last time i went out in oakland because, you know, i dont want to have to hop on a bart at 12 30 and come back. Thats early for us night folks. And i dont want to deal with a 40 cab ride home. Its just not worth it. Reporter he coowns virgil tea room in San Francisco and sits on the late night transportation working group. He is pushing to keep public transiting rolling into the wee hours so he can explore and his customers can stay longer. They have to be on bart at 12 30. We close at 2 00 a. M. So were looking at 90 minutes to two hours of time that we would love to have people inside our establishment. Reporter bart cant offer 24 hours until it has a second tube but its hoping to expand hours on friday and saturday with thousands of people needs to get around after dark. Transportation advocates say its time for transit agencies to hit the road. We are discouraging people from patronizing businesses in San Francisco by not giving them Better Options to get here and get home. Reporter this report has some people talking. At least one bart board member says he supports the idea of studying the expansion. And muni says its applying for a grant to expand its overnight services. How about the weather . Wintry weather. Not here but around the country, causing a lot of problems in dallas. A scary situation tonight when a plane slid off the runway. A passenger took this photo as they tried to get out through the emergency exit at the back of the plane. Thankfully no one was hurt. More than 1,000 flights have been cancelled at dfw airport, which is a major hub. Check ahead if youre traveling. About four inches of snow in the dallas area. There are winter storm warnings and watches across the country, and snow on the ground in every state except florida and hawaii. Our chief meteorologist will show us the worst travel delays in the country, and also when we can see rain here in the bay area in about 10 minutes. Whistleblowers take their employers to the mat. Its not even allowed, its encouraged. Theres a federal agency to protect whistleblowers from retaliation. But now that agency is being criticized. Vicky wynn is joining us to explain. Reporter it is called the osha Whistleblower Protection Program, created to shield the workers on the front lines of industries that affect our safety. But tonight, youll hear from insiders who say the agency is hurting the very people it should be helping, and that puts all of us at risk. The fertilizer plant explosion in west, texas. The blowout at the deep water horizon in the gulf. The san bruno pipeline rupture. All fatal events burned into the minds of witnesses. You could see it happening in front of you. Like watching an accident in slow motion. Reporter he says they are exampling of what can happen when oshas Whistleblower Protection Program fails to meet its mission. He has worked as a whistleblower investigator for the past five years in region nine, which covers four states and game. Guam. He examines complaints have workers who have been fired for speaking up. The Program Addresses 22 areas ranging from corporate fraud to Pipeline Safety to nuclear power. When someone blows the whistle, people in the government should pay attention. Absolutely. Is that happening . No. Reporter shortly after starting his job in 2010 he discovered what he called mismanagement in his office and pressure to clear cases quickly. I was told by my supervisor just conduct an interview and dismiss it. Before knowing any of the facts . Correct. Reporter to dismiss these whistlepleauer concerns . Correct. Reporter he points to two cases he calls slam dunks where his investigation found companies broke the law, firing workers who reported serious safety concerns. For three years he was a Flight Service specialist for lockheed martin. I wanted the pilot to know everything they need to know so they can the pilot and everybody aboard that aircraft can safely get to their destination and see their families that night. From an aircraft hangar in arizona, he recounts what led him to blow the whistle. I felt it was the morally right thing to do. I have always believed in disclosure and being up front and honest. Reporter he wasnt certified to assist pilots in all parts of the u. S. , just in three mountain states. But often, calls came from locations he wasnt familiar with. He says managers instructed him not to reveal his actual location when pilots called for help. I would say, this isnt safe. This is really deceptive to the Aviation Community and im not comfortable with that. Reporter after repeated warnings, he was fired for not following lockheeds policy. The company said his claim of retaliation was found to be without merit. The whole compromise testing process, technically, could put the whole nation at risk. Reporter mike tells a similar story for a decade he was a Quality Assurance officer for a major Indoor Air Quality tester in the u. S. He reported multiple labs misreporting results for asbestos. It called into question the accuracy of thousands of tests. It could result in people dying. Reporter he says he also found this san bruno lab was cutting corners by conducting tests in just 20 seconds instead of the standard time of five to 10 minutes. I asked repeatedly how these tests were able to be done in such a short period of time. And i never got a clear answer. From management. Reporter he too was fired. He says the company told him it was because he failed to return from medical leave. They declined to comment. Both men faced retaliation for reporting safety issues. His Investigation Called for the companies to rehire them with back pay. He says instead region nine managers mishandled the cases and dismissed them. The whistleblowers that come to us a lot of them suffer more retaliation from the agency than they did from their company. Reporter in fact whitman was so upset about the outcome of madrys case he asked the National Osha office to investigate. It did and they agreed with him. They eventually found merit. Reporter they are just two of eight whistleblowers we spoke with who work in safety sensitive industries. All believe region nine management mishandled their complaints. This is a second report. Reporter whitman believes the system is set up to get rid of cases rather than investigate them. Look at the cases in region nine awarded merit, which is a victory for the whistleblower. Numbers show osha issued merit findings 16 times out of 562 investigations. Thats just 2. 8 . Nationally, the numbers are 2. 7 . Whitman shared these emails between multiple investigators in his office highlighting concerns over pressure to close out more cases and meet quotas. It was always first and foremost about how can we do these things faster. Reporter this former whistleblower investigator agreed to speak us only if we disguised her. It was a production line of investigation. Youre not assisting anybody. Reporter whitman points to his reports who says they were altered by management to change his conclusions without his consent. And what is this an example of to you . Its an example of falsification of documents. Reporter its your name . Its my name, and its not my report. Reporter he launched formal complaints all the way up to the u. S. Secretary of labor and faced discipline for giving whistleblowers internal information about how he thought their cases were mishandled. I think as soon as you broadcast anything ill be fired. Reporter the irony is not lost on whitman. He wants the public to know the system designed to protect our safety is broken. You either quit our job or you keep your mouth shut because if the company doesnt fire you and black list you, osha will destroy your life. As a consequence, a lot of things arent being reported. And thats the scarier part. Reporter osha region nine declined an interview request. But late this morning a National Spokesman contacted us is called the allegations preposterous. They said osha has added more staff to cope with a backlog of cases but no one at the National Office will speak with us on camera. If you have a tip for vicky or anyone in our investigative unit, we urge you to give us a call at 88996tips or send us an email at nbcbayarea. Com. They flipped the switch tonight, coit tower and levis stadium all lit up with that special message. You see it there. 50, as in 50 weeks until super bowl 50. Today a lot of cheers plenty of free gifts were handed out, but a lot of people are grumbling after what happened over the weekend, another fumbled attempt getting out of levis stadium. Cheryl, 50 weeks to get it right. Reporter thats right. And time is ticking. Super Bowl Committee only revealing two official sites for the biggest day in football. And of course the main event happening right here at levis stadium. And the buildup, of course, starting today. The super bowl. Probably the last thing on your mind. But if you own a business next to the stadium, its never too early to start planning. Well i think theres a lot of spillover effect. For niners games, we have the red zone rally where you can have people there for tailgate. The hotels are booked. Reporter Business Owners anticipating crowds. They looked to this weekend as an example. Shark fans poured into the stadium, packed gt atrains and parking lots leaving some football fans wondering if santa clara is ready for even bigger super bowl crowds. The traffic for cars getting in and out of the lot was pretty congested. And watching them get out, we were glad we were on the bus. They definitely need more trains, more buses wider roads, less people. Reporter thats not going to happen. Thats not going to happen. Reporter what is happening is excitement. Volunteers showed up unannounced to hand out gifts at the Santa Clara Town Center as part of the early super bowl promotion. The free gifts include 50 gas card and 50 itune gift cards. All we need now is for the 49ers to make it to the super bowl. Everybody is rooting for that, to have our home team in the super bowl. Everybody would be in favor of that. Niners and raiders, that would work well for everybody. We can only hope right . The famous fan fest will take place in San Francisco. Of course, there will be other events but they will be rolled out later. Reporting live in santa clara, nbc bay area news. Thank you, cheryl. Did you ask cheryl for your tickets yet . I wanted to ask jeff if he had a super bowl prediction yet for the weather. Slight chance of showers. 63 degrees. Oh, ok. Well go with that. Well run the tape back when we get there. All right. Lets look at the microclimate forecast right now. You can see outside as many of you know if you stepped outside in the past hour or so, it is cold. At least for california standards. In other words not below the freezing mark but 45 in the north bay right now. Already below a lot of your averages that you should have for this time of year, at least at this hour. 45 in the east bay. South bay at 47. We have clear skies in place helping temperatures to drop. But also we have colder air moving on top of california. Thats aiding in these temperatures again sinking. So at 40s right now in the north bay. Yes, you guessed it well be dropping down for an average of 37 tomorrow morning. 38 in the east bay. And also for the south bay, 42. So you need the jacket as you get the kids ready for school tomorrow. Get yourself ready for work. And youre going to probably need it until about 10 00 in the morning before we finally see things warm up. Here is the other issue at hand. If youre here visiting and you are going to the airport for tomorrow, watch out for major delays with this National Weather here. Really from the central part of the u. S. Back towards the east coast, a lot of wintry weather here. Its going to be stalling that air traffic. Dallas, texas, freezing rain. A windchill of 20. Atlanta, georgia, rain snow and sleet. Of course, back here at home it has not been about any kind of snow or rain. Its been unusually warm at least over the past three to four weeks. And really most immediately its been about these gusty winds coming out of the east. 2040 miles per hour. Today it averaged from anywhere from 18 to about 22. Downed some free limbtree limbs. The winds will shift tomorrow more out of the north, and winds gusting as high as 9 in san jose and 13 in San Francisco. So i think with less wind in the forecast, it will be an enjoyable day but definitely not mild by the afternoon. San jose expecting 66. Palo alto also in the mid 60s. San francisco looking at 64 for around downtown. North bay, east bay, and trivalley, some of the warmest weather in napa after starting off with the coldest. You should see some of the warmest weather due to the north winds that will help to boost our 2678temperatures. Try weather all the way through thursdays forecast. And the possibility of rain on friday and saturday. Now not a big storm system but maybe a 10th to a quarter of an inch. It will change things up dramatically from what weave dealt with lately. Well take it. Next the last thing you want to deal with in an emergency, but its happening at an alarming rate. The serious problem plaguing the 911 system. And cleaning plates may not be the best thing. Dishes and your childs health. Tonight, we have Christina Aguilera jeff probst and a performance from kid rock. Were on next. Imagine calling 911 from your cell phone and dispatchers are unable to locate where you are. It happens more than youd think. 60 of wireless 911 calls cannot be properly located. Why . Well, outdated technology. 911 centers rely on nearby cell towers to locate where you are, and those are inaccurate. Nbc News Reporter jeff rosen tested the system and got this result. Hi, this is jeff rosen with nbc news. I just want to know if you can tell me where your location is on the computer. 4641 west lost road. Thats about a mile and a half away. And were standing in the call center. Thats right. They should be using Satellite Technology instead, with precise gps, standard in most smartphones today. A little dirt doesnt hurt. It could make you tougher, in fact. Hand washing your dishes may not get them as clean as the dishwasher does but that is ok because a new study found that the extra dirt may be good for your children. Kids with parents who hand wash dishes are 40 less likely to develop asthma exemma, and hey fever. Hmm. Interesting. Dont try to use that at home. The car of choice for the giants. Well show you how they roll. Heres a clue. Its not a car. For complete weather and traffic coverage watch today in the bay tomorrow morning starting at 4 30. Is there an elk in your bed . With sleep number, now theres an adjustment for that. You can only find sleep number at a sleep number store. Right now save 50 on the ultimate limited edition bed. Know better sleep with sleep number. Everybody deserves 73 fares. Because wedding season can get expensive. Book your low fare now at southwest. Com. Good evening. A bright red truck was a fitting gift for the world series mvp, but madison bum gardener isnt the only giant with a love for big toys as we found out in scottsdale. Madison, congratulations. The allnew 2015 chevy colorado. It combines class winning and leading technology and stuff. Even with that smooth world series pitch, Madison Bumgarner did not stick with the chevy. He upgraded to the ford f150. Buster posey has had the f250 since 2010. Ive always driven a truck. Reporter it say giants thing. Trucks galore. Matt cains ford. And the even bigger and taller f350 of eric cortier. It was a constant session last year about how my 1,500 truck was too small and too little. Ragged him hard enough to get 350. Now he went overboard, and its too much truck. Its almost like good luck parking that in san fran. Reporter he talked another youngster into getting a truck, his own. If we go to the world series ill sell you my truck. And then i had to call my wife and let her know i lost a bet. And im not sure she was really smiling about that. He says he sold the truck to strickland for under the blue book value. More news coming up after the break. In our house, we do just about everything online. And our old internet just wasnt cutting it. So i switched us from uverse to xfinity. They have the fastest, most reliable internet. Which is perfect for me, because i think everything should just work. Works . Works. Works works . Works. Works. Dont wait for awesome. Totinos pizza rolls. Gets you there in just 60 seconds. Go bold with flavors that kick. humming oh yeah. humming theyre magically delicious. Ha very funny, kyle. Get ready. The red carpet will be rolled out tomorrow night in downtown san jose for the 25th annual film festival. Opening night has a local player. The documentary Batman Begins will kick it off. Very own Academy Award right here. Thank you for joining us. Steve from studio 6b in Rockefeller Center in the heart of new york city, its the tonight show starring jimmy fallon. Tonight, join jimmy and his guests Christina Aguilera jeff probst, musical guest, kid rock