Fighting on. The family of kate steinle square off against San Francisco sheriff and two federal agencies. Cheryl heard joins us live from livermore. Cheryl . Reporter one foot in front of the other. Thats how the steinle family says they are dealing with their daughters death. But since her death, they have become activists. Thats something they say they never thought they would become in a million years. Everybody cant keep just rolling over and saying, yeah, this is the way it is. It isnt the way it has to be. Weve got to stand up and be counted and say, were mad as hell and were not going to take it anymore. Reporter liz sul ran and her husband jim steinle sitting on their couch in their livermore home reflecting on their fight for justice in the wake of losing their daughter, kate. We are going to continue to fight on for kate, and for the rest of the people in this country so this doesnt happen to someone else. Reporter kate steinle was shot and killed july 1st while walking along San Franciscos pier 14 with her father. The alleged shooter is Juan FranciscoLopez Sanchez a Mexican National and fivetime deportee. The courts are right now trying to decide if there is enough evidence to make the charges stick. Meanwhile, the steinle family is moving forward with a legal claim against the San Francisco sheriff, the bureau of land management, and i. C. E. The base of the steinle claim is that the federal government, the state government, and the federal agent whose gone was use. Announcer killing kate steinle all dropped the ball and kate steinle would still be alive if those governmental entities had followed their own rules. Reporter kates parents cant go into detail about the claim tonight but there is no question they will never stop fighting for their daughter. Somebody has to stands up. And unfortunately, it took the death of my daughter for us to become activists. We are where we are because the system failed humanity and right now, us. Reporter now, we did reach out to the San FranciscoSheriffs Department and i. C. E. Both agencies tell me tonight they cannot comment on pending legislation. Reporting live in livermore, cheryl heard, nbc bay area news. Thats just the beginning. Thank you cheryl. In light of steinles death Santa Clara County is considering its stance. Will it cooperate more with i. C. Echltd. The council took up the idea today and they will discuss the issue in the coming weeks. The sheriff in San Francisco says he has no plans to cooperate more with immigration officials. The mercury news reports that alameda, contra costa, san mateo and marin counties have agreed to work with i. C. E. New at 11 00. School is back in. But so is a Serious Health warning at call. A student has tested positive for the measles. The student is now in isolation. But there was exposure between august 24th and august 29th. This week. He or she road the transit bus 25a last monday. Measles can linger in the air up to two hours. The risk is low for those who are vaccinated. Also new at 11 00, firefighters are battling a two alarm fire in ash bury heights. This is at a home on clayton and ash bury. You see a lot of smoke there. Video posted on twitter by a viewer. The flames reportedly broke out at 8 30 this evening. At this point, no one is sure exactly what happened. There are no reports of any injuries, which is good news. Now to a story you will see only on nbc bay area. It is a complicated story. Two San FranciscoPolice Officers under the microscope, and under investigation. One for an alleged Sexual Assault of a woman. The other officer . For allegedly interfering with that investigation. Nbc bay areas Terry Mcsweeney joins us live from San Francisco with the exclusive details of both of those investigations. Reporter heres what San Francisco p. D. Are telling me tonight. First of all they are investigating one of their officers for while off duty sexually assaulting a woman earlier this month. And they are investigating another officer for tipping off that suspect to the investigation. A Police Department spokesperson confirms to nbc bay area tonight that police are investigating one of their own for Sexual Assault. And while they are saying little about the alleged interference in that case by another officer, this sfpd search warrant about the alleged interference tells more. It says on august 7 a woman came to San FranciscoGeneral Hospital saying she was injured during a Sexual Assault five days before. She identified the suspect, and selected him from a line up. According to the victim and the warrant, she and the officer went to her house and drank heavily. They went this to they are bedroom where she says they had sex despite her saying no, i dont want to. He was quote, hammered, so drunk he doesnt remember anything. The report alleges another officer a friend of the accused compromised the investigation. The search warrant requests approval for investigators to seize the cell phone of the officer who violated that saying he intentionally interfered with the investigation into the felony assault investigation both by lying to the investigators and by telling the suspect directly to inform him of the progress of investigation. Sfan p. D. Is saying little about the Sexual Assault investigation because it is ongoing n. Regards to the investigation into interference, they say they are looking into everything. 50,000, thats how much pg e must now pay for failing to secure a substation in south san jose. Last august, burglars cut their way through this exterior fence at the metcalf substation and stole several thousands dollars worth of construction equipments. The brazen breakin went undetected by what pg e called robust security for more than five hours. In a statement the states Public Utility Commission says it investigation found that despite multiple alarms sounding during the breakin pg e security was was unaware. This follows promises to increase security after the 2013 attack by gunmen that shut down that substation for nearly a month. It is a highprofile Construction Company wasting taxpayers money in santa clairo county . Or is the county to blame . We broke the story last week. Tonight its intensifying. At issue, a 300 Million Health facility. It was expected to open next month. But its behind schedule by two or three years. County officials blame Turner Construction for neglecting this project near valley medical center. They say the company instead focused its resources on finishing levis stadium, which it was working on at the same time. The fact they have not had sufficient staff on board to actually do the project. Complete nonsense. The levis stadium project had nothing to do with this project. Turner construction also has done projects at stanford, sfo, and San Jose City hall just to name a fuchlt but tonight the company and the county met behind closed doors. No word yet on any progress. But if they fail to reach an agreement this week, a new contractor will be hired to finish the hospital. Classes are set to resume tomorrow at two lass gattos schools closed today after a suspicious fire. Tonight a 17yearold is imclaing he accidentally started that fire. The teen told sheriffs deputies he met friends at the Elementary School last night and the group burned cardboard boxes to keep warm. The teen says he thought the fire was out when he put the ashes in the garbage can but they apparently spread. The fire damaged the gym and a nearby community building. The middle school itself wasnt damaged but was closed as crews cleaned the area. He was shot at a chris bown concert. Now he is suing. Five people were shot at the fiesta nightclub in san jose in january. It sent the crowd into a panic. All the victims survived. Now an attorney for one of those shot says the nightclub failed to provide proper security for the event. The 22yearold San FranciscoState University students claims to have trouble walking after he was shot in his foot. Obviously chris brown will tell you this is a frivolous lawsuit. If bottom line is if you get shot at an event it is know privilege skplous if you have a permanent injury somebody should be held accountable. Next at 11 00 a confrontation caught on video. The fight between a bicyclist and a driver that could escalate tensions in San Francisco. Students are lighting up in San Francisco. Not cigarettes, though. How many students are smoking pot. And how scientists are giving ice cream a serious upgrade. Im meteorologist jeff rainier. Fog is rolling into San Francisco. Details on the morning forecast. Plus a link between three pacific hurricanes and el nino. Thats in about eight minutes. A vlenaltcatn critical confrontation. A violent altercation between a cyclist and a zrifr caught on camera. It happened in San Francisco during the Critical Mass bike ride on friday. Now cycle advocates are hoping this incident wont be used against them. Nbc area is live with the latest in the fall out. We see that video. Reporter jessica, the confrontation happened in the street here at Marina Boulevard and lion. Bicycle advocates say it is just an example of one persons bad behavior and not the norm for thousands of people who are now riding bikes here in San Francisco. And many of those bikers are pushing for new bike friendly rules. You are not going anywhere. No, hey, hey. A video posted on you tube shows some Critical Mass bike riders in a confront algs with a zip car driver in the marina friday night. One cyclist hits the car with a bike lock. Its outrageous. The supervisor says the bad behavior are not be tolerated. The vast majority of the people there are peaceful riders. They are going the right thing. However, this incident, you cant sit back and say its appropriate. I dont think people should avoid the issue. This is intolerable. Reporter police are now look for the driver and the cyclist. The incident comes in the midst of a bicycle debate in San Francisco. Some cyclists and some politicians want San Francisco to change the rules of the road and allow idaho stops. Thats when cyclists can roll through stop signs when safe. This bike commuter supports the idea. You have to be vigilant on aic into. When i make the decision not stop at a stop sign it is a well thought out decision. San francisco is not ooitd idaho. Reporter but captain john sanford is not vinced. Even some cyclists are doubtful. There are too many cyclists. Reporter as the bbt rolls forward, ride remembers hoping bad behavior like the incident at chriscal mass doesnt put the brakes on the discussion. I just dont think that one person who acted out aggressively can be a representation for all of the people who ride bikes. Reporter sfpd tonight says that zip car driver has not contacted police. Investigators are hoping zip car can help them contact that driver and get her side of the story. And they are also hoping someone will identify that cyclist. Also in the city a straightforward plan for a crooked lum barred street. Three extra pair of eyes will be watching over our popular tourist zone, they are called ambassadors. Their goal, to limit the crime week. Just last week a tourist from thailand was shot during an attempted robbery. Its safety. People are actually listening to the young lady down there when they are standing in the middle of the street to move back on the curve. They are just standing in the middle of the street and there is traffic coming. The ambassadors will be on patrol if noon to 7 30 each night. San francisco p. D. Was says the program was in the work even before the shooting last week. Under court orders to meet a midnight deadline the state Department Released 4,000 more of Hillary Clintons emails tonight of it is the largest release thus far. Among them a plea to wiki leaks founders not to release classified documents. About 150 of the emails are now considered classified but were only marked confidential at the time they were sent which is the lowest classification. Experts predict even with tonights release mrs. Clinton will continue to battle critics and plunging numbers in the poll. Well, president obama made History Today becoming the first sitting president to visit alaska. The trip is controversial since the president decided to remaim mount mckinley. Native alaskans know the mountain as denali, or the great one. Thats now what it will officially be called. Today president obama kicked to have glacier conference in anchorage by challenging leaders to come together and act boldly on the issue of Climate Change. Im here to make thur america continues to drive International Action because we cant do this alone. Even america and china together together cant do this alone. Even all the countries represented here cannot do it alone. We have to do it together. Critics say the president is sending mix messaged on the issue of Climate Change having just given shell permission to drill in the arctic. The president will take time off during his three day trip to run wild in nature. He will trek with bear gryls. On the show, bear pushes celebrities to their mental and physical limits. President obama will use the show to focus on the issue of Climate Change. It is decision time for a county clerk in kentucky. Will she continue to deny issuiissu issuing marriage licenses to guy. She says doing so defies her kristen believes. All or nothing for footballs tom brady. No settlement today in the socalled deflategate scandal. But that will soon change. The san mateo product met with roger goodell. The patriots quarterback wants his fourgame suspension reduced. No deal. The decision now will fall into the hands of a judge. That judge says he will either uphold the full fourgame suspension or drop it entirely. Lets turn things over to chief meteorologist jeff rainier. It is balmy. It is after that warm day inland where we had low 90s we are having a hard time cooling off. South bay, still 68 degrees. Right now fog moving into the peninsula. And 65 in the east bay. Clear skies and 66. In San Francisco the fog is rolling in, 62 degrees. Tomorrow morning i dont think it is going to be a super thick foggy morning from the coast way back to the interior valleys. We will have low clouds. Well have sun mixed in. From the south bay into san jose. Starting off with 61. Peninsula, 59. And of course the fog in San Francisco, and 60. And well start off with 57 in the north bay. We are tracking this trough of low pressure off to the north. Thats where our best chances of rainfall will continue to be this week. For us we have High Pressure building across the four corners. There is a lot of hot air with this. Since its not directly on top of california, that will help to mitigate om of the impacts. The other thing we have going for us tomorrow will be the cool foggy wind beginning to develop at the immediate coastline. That is what i think is going to help to keep the weather comfortable for tuesdays forecast. As we look ahead for the rest of the week, also into the weekend labor day coming up. We have that storm track off to the north. That is also going to be responsible for keeping temperatures out of the 100s. If you want rainfall, storm track is not going to move far enough to the south. The rainfall will be staying off to the north. It is good news for the west coast. We have been mentioning the fires throughout the Pacific Northwest and california. At least washington, oregon, idaho, also back into montana looking at 1 to 2 1 2 inches of rain. Parts of montana could see 3 1 2 inches in the come days. Good news on that front. Tuesday, San Francisco, 73, in the moo rena, 72 in the financial district. Comer right here near the coastline at the Golden Gate Bridge with 68. For the peninsula, pacifica at 69, palo alto going warm, not extremely hot. Expecting 80 degrees. San jose, sunny skies and 84. Lets take you to the north bay, east bay, and also for the trivalley. And we will see numbers we think drop out of the low 90s. We had that today. Tomorrow looks like 87 in danville. Grin itch, you are going to be close to that. Livermore, 89. East bay, walnut creek, 87. Up into the north bay, a mix of mid 80s. By this weekend, temperature does get hotter. As we talked about, no 100s expected in the forecast. 93 in the south bay on friday. East bay, 87. Im going to leave with you the equatorial warming el nino, there is no way we would have three strong pacific hurricanes happening right now if those el nino conditions werent out here in the pacific. No threat to california. But it is a sign that late fall and early winter, el nino is going to be impacting california. Okay. Thank you jeff. Ahead, ice cream that melts more slowly. More on the breakthrough coming up. Yoplait. The smooth and creamy yogurt your whole family loves. Yoplait original with no artificial sweeteners, no artificial flavors, and no high fructose corn syrup. Trouble on the tarmac in oakland international. Two Southwest Airlines planes out of commission tonight after they litted on the runway. It happened last night. Today our nbc chopper was overhead as crews began repairing the damage. Heres what the plane looked like before the collision. And now you can see that right there, that big chunk of the wing tip is gone. They collided when one of the jets was being pushed back from the gate. Thankfully, no one was hurt. Southwest sats it is doing an internal investigation. Reporter polled over cigarettes. Its been shown that College Students smoked more marijuana more reg lorely than cigarettes last year. They have been collecting smoking data since 1980. About 6 of students smoke marijuana on a daily or near daily basis. About 5 smoke cigarettes, a sharp drop from 1999 when 19 of College Students smoked cigarettes on regular basis. Up next, a new look for David Letterman in San Francisco tonight. And they have to stop the oakland as game for ten minutes. Is there an elk in your bed . With sleep number, now theres an adjustment for that. Only at a sleep number store. The time is now for the biggest sale of the year, where all beds are on sale save 50 on the labor Day Limited Edition bed. Know better sleep with sleep number. Sees thyea. E gntsme aoveo good evening. On the night of the biggest series of the year, the giants make a move to acquire more offensive help picking up knee asa from boston. They sent a Minor League Pitcher to the red sox in return. The 31yearold was hitting. 292 in his first year with boston. He played all three outfield positions but the majority of his work as come in left and right field. The g men will be de azas fifth team. He previously fwlird the white sox, orioles and marlins. To the action at chavez ravine, game one of the three game set. Bottom six of the tied at three until ethier goes solo to right off peevy. Dodgers take a lead. Top of the eighth. Bird at the plate with a man on, two outs. And he comes up clutch with a double to right. Tied at 44. Bottom ninth. Winning run on third. Romo strikes out rollins to end the frame. This tied 44 in the 12th inning. Angel pagan continuing his rehab in triple a with the river cats. Went 1 for 4 aboutw a drubl and a strouk strouchlt pagan played all nine innings returns to the giants tomorrow. Angels and as. O. Co. Defining moment in this game, bottom of the fifth, as up 53. Valencia sends a shot deep to left. Off the wall. Maury scores, increasing the lead to 63. Then the outfield wall falls down. Woos put up this morning. Everybody is confused. Event rule a ground crew gets out there and its back up. A ten minute delay. As go on to win 115. Packed house at the knob hill masonic center. David letterman on. Indy car owners. Fans mingled with the stars of the series. Whether you win or whether you lose, you ends up drinking wine. So it is a perfect scenario for the edge of the season. Well put. The warriors open the exhibition season october 5 san jose at s. A. T. Center gons the toronto rooptors. The first 10,000 fans getting this limited edition steph curry bobble head in a sharks sweater. Thats it for sports. More news coming up after the break. The mmmmmm yoplait oh good news everybody there is now 25 less sugar in yoplait original. Say adieu to that sugar. Because it still tastes good ahhhh yoplait suer ys,ut ere th we know ice cream is best enjoyed on hot summer days. But there is that melting issue. Scientists in scotland say they found a protein that could keep the treat firmer for longer. Its fauld fermented layer a. Now they need to work on making up a for flavorful name. V a good tuesday morning. Byebye. [ cheers and applause ] 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 governor chris christie, victoria justice,