Sjpd giving us an update about 20 minutes ago. Cheryl hurd is there live. We just learned some details about how that hostage and the suspect died. Thats right. Some neighbors are telling me tonight that this whole area looked like a war zone. Investigators are stilg still on the scene looking for evidence, that it all started to unfold around 2 30 this afternoon when a man rushed inside this home with a gun. Between 4 30 and 5 00, i was standing in my driveway and i heard lots of pops, lots of pops, the exchange of gunfire and then i heard these loud bangs. Sounds linda said made her run to the corner and look toward Camden Avenue to see what was going on. I didnt know what those were and, of course, i ran back in the house. San jose police set up a perimeter and evacuated the immediate area. Police knew they were dealing with a man with a gun. They also knew he fired two shots outside the home before taking a female hostage inside. At about this time, the suspect existed the residence armed with a handgun. The suspect was armed with at least one handgun, at which point shots were fired. The suspect was pronounced deceased at the scene. Police rushed inside the home and foeft the foundage. Sources tell nbc bay area she was dead at the scene. One Police Officer was grazed with a bullet. Stunned. Ive lived here for about 30 years and i i cant recall anything like this happening in my neighborhood. Now, police say that they dont know the relationship between the victim and the suspect, but sources tell nbc bay area that they knew one another. Reporting live in san jose, cheryl hurd, nbc bay area news. New at 11 00, the city recovering from a days long cyber attack. The problem started last thursday when several san jose websites kept having outages. Today its said flood servers were sent too many requests. Theyre taking matters into their own hands. Fed up with car burglaries, two club cans are protecting their own neighborhood and their bottom line. Theres now private security patrolling the streets outside some of the most Popular San Francisco nightclubs. Gene joins us. Sfpd doesnt have the manpower. Is this private industry patrol helping . Well, people at the dna lounge believe it is making a difference. Two promoters here every tuesday night got tired of hearing about it and so they are expanding their security plan into the neighborhood. While the hubbahubba review wows and the death guild rocks inside the dna lounge, Security GuardJonathan Nancy is outside walking the neighborhood, looking to prevent the nicely street show of thieves breaking car windows and wripg people off. It was happening every night that we were open. David king says the hits scared people away. I started seeing a dip in my numbers. I started polling the people who were coming to the club and theyre like, its not worth paying 100 to get my window replaced. Her car was smashed, the window. The window smashed out. And we were like, what is this . After thieves targeted staff, performers and guests, hubahuba and death guild chipped in. On monday night, he roams the neighborhood and introduces himself. Im the roam er, i make sure the cars dont get broken into. Is there anything you need help with . Usually they go, no, its fine. And then they leave. After months of a oneman patrol, its helping. People are talking about the show and not the security. Hub ba hub ba review and death guild are hoping fans will come back. Reporting live in san francisco, jean elle. Thank you, jean. Tomorrow night, we investigate whats behind this rash of breakins in the city. The storm that hit the bay area today is now providing Serious Problems in reno. Earlier today, it was a little bit of everything. We had the rain, the thunder, even lightning. And sometimes making for serious and dangerous conditions. Jeff ranieri is here now with details of how much rain we got today. What can we expect tomorrow, jeff . The most rainfall was across santa clara valley. Downtown san jose, 3800. The storm system that brought the heavy system and isolated thunderstorms this afternoon is now kicking off to the east. Its going pretty good up here, the summit 18 to 23 inches today and snow reports as low as 3500 feet. So what is next for us . Some isolated scattered showers tonight, tomorrow norpg, isolated 30s. We have tracking a new storm and we have details on that in about 30 minutes. Todays storm brought thunder and lightning to the bay area. You probably saw it and heard it. Did you get this . The san mateo home got a direct hit. I saw the lightning came from that angle. So i said oh, my god. Its a bomb, just like a bomb. Not a bomb, but lightning. Pit rattled a lot of nerves. A set back for president obamas immigration reform. Tonight, a federal Appeals Court has ruled the president cannot k cannot use if power of his office to protect undocumented immigrants. 26 states sued to block the deportation of undocumented parents of american children. That plan granted work permits to those parents. Despite tonights setback, the president s fight is not over. He still has time and is expected to take his case to the Supreme Court. The Supreme Court could hear this case within the next three to six months. Sexual assault prevention, the focus at stanford tonight. One point up for debate, though, just how big the problem is on campus. Tara mczeebny joins us live from the stanford campus. The University Says fewer than 2 of stanford women are victims, but the students have an issue with that number. Yeah. Some students are saying the problem is ten times worse than that. Congresswoman jackie spear on campus tonight telling everything what shes doing about the problems back in washington and listening to the stories of two Sexual Assault victims. Id rather get hit by lightning than get raped. Stephanie is founder of the group one in five, a survey saying one in five dpe male College Students nationally are sexually assaulted. Shes creditical of Stanford Universitys recent reports that fewer than one in 50 female students at stanford are sexually assaulted. The difference is in the definition. What we need to do is put on a book, make sure theres enforcement and change the culture. Congresswoman spear is coauthor of the Campus Sexual Violence act, which would, among other things, increase the number of Sexual Assault surveys and provide more money for investigations. Two Sexual Assault victims spoke about the gathering tonight. And stanford did everything they can to protect him. The that i underwent is almost as dramatic as the rape itself. Congresswoman spear predicts a long but fight for safety on campus. You dont walk away. Stanford university contacted me tonight and they say that they providing a range of services for Sexual Assault victims and they are complementing the recommendations of a Sexual Assault task force they put together months ago. Terry mcsweeney, nbc bay area news. A judge threw it out. Why . The true answer is we dont know. A judge throws out a red light camera ticket. Now questions about the timing of traffic lights leads to more. The investigation that forced one city to tear up a half Million Dollars in tickets. Stop stop also, a dangerous situation nor a Police Officer caught on video. Were going to show you this dramatic footage. Plus, its a christmas coffee controversy. Why some are seeing red over starbucks new holiday cup. Running that red light. Tonight a bay area city is voiding hundreds of tickets. All because we uncovered a it turns out you may be off the hook for running that red light. All because we uncovered a problem with those red light cameras. Tickets are being ripped apart and money is being refunded. Tony is joining us now with the exclusive investigation and this is a lot of money for a lot of people, tony. A lot of money coming back right now. This all unfolded because an nbc bay area viewer saw a report we did almost four years ago. He took his case to court and won and we used that information to ask tough questions to decisionmakers in san mateo. Is it difficult to do this interview right now . Its always difficult to talk about mistakes that have occurred can. Hes trying to explain why the San Mateo Police department missed it. It would have been nice for us to have caught it ourselves. And hes trying to understand why the citys Public Works Department also didnt catch it. The problem, this traffic light and this traffic light and these red light cameras. I opened it and the first thing i saw was the 540 price and i i didnt know what to say. I was kind of shock. I didnt have the money for that. The story starts with Andre Clemens and this tickets for running a red light back on january 13th of this year at this intersection across the street from the San Mateo Police department. And there was a picture of that ticket . There was. And it was clearly me. Thats andres picture on this 540 ticket. Instead of paying the fine, he decided to fight. I won because i presented my evidence and i backed every single one up. I had proof. Dy the job the officer should have done. He sgaurd records of it is city, review the information from the ticket and argued the citation and the red light camera were invalid. He told the judge the city failed to document the average speed and with no speed survey, the timing of the yellow light was not accurate. What does the video show . Twlee seconds in two frames which translates to 3. 066 seconds. Standard regulations show the yellow light should have lasted at least 3. 2 seconds. A judge considered andres evidence and dismissed the tickets. That ticket back in january, a judge threw it out. Why . The true answer is we dont know. Nbc bay area has learned the San Mateo Police department never investigated the reason the judge dismissed andres ticket. 0. 66 seconds. Instead, it continued issuing red light tickets at that same intersection. Is it acceptable for 2 city not to make changes after you won in court . Theyre breaking the law. Theyre charging us 540 a ticket for it. Its absolutely unacceptable. Theres no justification for it at all. Mr. Clemmett argued in court that that light was not timed properly and he won. Okay. Should you not know why he won at this point . We can only speculate because we dont have the judges comments. How unusual is this kind of result . I think without an attorney, this is a very unusual result. Community activist jay bieber has helped end red light camera programs throughout california. He also helped andre prepare for his court appearance. I think its unconsciousble that the government knows it is doing something wrong. Its been shown that theyre wrong, its been showing that their yellow light timed is not correct. Yet they continue doing this day after day, week ar week, month after month. Before we started asking questions about this ticket, was this department looking into the issue . No. In fact, we appreciate the fact that nbc braus this fact to our attention. We thought we were in compliance. And that confidence in the timing of this red light camera diminished when nbc bay area sent this reports request. A series of questions about the citys red light camera operations. Embarrassing to have to admit you made a mistake . Its always difficult to have to admit that we made a mistake. Whats important to us is how we fix it. And during the past three months, our investigation also discovered inconsistent yellow light times at the intersection where andre got the ticket. Thats where all four of these times are different. And were trying to ask why. Like i said, thats worth looking at. Responding to our questions, the city started looking closer. It suspended the red light cameras for two days. Checked the timing and found two lights mistimed, out of compliance, in violation of state regulations, including the intersection where andre got his ticket. Whose mistake is this . Is it a Police Mistake . Is it a public works mistake . I can tell you that when mistakes happen, as a city organization, we take that as a team. San mateo ultimately discovered nearly ,000 invalid red light camera tickets issued at this light at saratoga and hil hillsdale, the city now tearing up the tickets because the yellow lights did not meet regulations, requiring the city to tear up the tickets and refund more than 500,000. What does that say . Its unfortunate, but its something that we cant go back in time with something that were going to have to move forward and put measures in place so it doesnt happen again. So the city has refunded all tickets issued after august 1st, but questions still remain about the tickets the city issued during the month after andres difficult and before the city corrected the record. Can you tell nbc bay area that youll investigation the timing of his ticket . We have already investigated the timing of his ticket and every wag in compliance but a judge through it out. The timing was in compliance both before and after. And we have documentation to show that. We asked the judge to show why. He said andres video showing the questionable timing but he decided not to go into the specifics. Yes, the city has thrown out nearly a thousand tickets, but now there may be questions about thousands of others. If you have questions or comments about this red light situation, ill be on periscope to answer your questions and talk about what we just brought in in the area in about five minutes. That would be a lot of investigations for all those tickets. A lot of investigates. Theyre going to look into it. But if a judge throws it out, i think they deserve an answer to what happens and why. Thank you, john. If you have a tip for tony or anyone else in our investigative unit, give us a call. 888996 tips or send us an email directly to the unit at nbc bay area. Com. Did you feel it . Were getting a lot of calles and Facebook Messages right now. A small earthquake in the south bay in the east foot hits of san jose. No reports of any injuries or damage. But plenty of people feeling movement. 2 of 6. Turn things over to jeff ranieri. How are those storms looking . And are we expecting any more of these lightning strikes weve been having . The worst of the storm system is now gone. We have a little bit of instability back behind it. We may see this hold up through downtown santa cruz over the next 20 to 25 minutes and possibly a slim chance of maybe through san martin, through gilroy, a little shower activity if it holds up through the higher elevations. Ourselves, back behind that, clear and scold conditions coming down from canada. Tomorrow morning, down to 36 in the morth bay, possibly some patchy frost. 39 for the east bay and begin, 42 in the peninsula and slightly cooler here in the south bay. Snow is stacking up. Our weather watcher at kirkwood saying 14 to 23 inches from the latest storm system from the base up towards the summit. That now makes two storms in two weeks and our total is anywhere from 2 to 4 feet. That is phenomenal. Id like for it to stay this active all week long, but as ive been saying all day long, theres no way thats going to happen. So lets go ahead and get a look at the forecast for tomorrow. The cold and wet storm, that area of upper low pressure moves off towards the east. That makes way for that cool sunshine tomorrow. Dont expect a big warmup. And well stay with this mild trend through saturdays forecast. But yet again, like weve seen for the past two weeks, but sunday, we get a storm system coming down here from the north and it looks like by sunday evening, showers with a better chance of rainindications show quarter inch out of that storm. On your forecast as we head throughout tomorrow, upper 50s and low 60s for san francisco. Nice day in pal alto at 66. North bay, east bay and tri valley, best weather up here towards the north bay. 64 and 67 expected in santa rosa. In fact, 60s all around. Jacket to start, jacket to finish the day. And by the this weekend, dry weather through saturday, but that chance of showers arriving by sunday evening with temperatures dropping back down into the 60s. This is the first time does she i dont know in how long weve had the weather match the season. It feels good. It does feel good. Thanks. Well, still ahead at 11 00, starbucks in hot water over coffee cups. Well explain why. And we have jimmy. Thank you. My guest tonight, from chris, its a great show. Do not change the channel. Raj topsot stop. Stop [crash] runs 03 cont vo dangerous and dramatic moments caught on camera by an oklahoma Police Officer. Matt stacy was trying to stop a woman allegedly driving a stolen suv. As you can see, instead of stopping, she plows right into the patrol car. Remarkably, stacy survived with just minor injuries. The woman is in jailfa dangerous moments here for a Police Officer. Remarkably, the officer stacey survived with minor injuries. The woman is in jail this evening facing several felony charges. A Holiday Season controversy is brewing at starbucks. Some say the holiday cups are missing holiday cheer. Traditionally, the cups have Merry Christmas printed on them with snowflakes. A christian evangelist is accusing the coffeemaker for taking christ the christmas off the cup. Starbucks says it wants people to write their own stories on the blank cups. Up next, the warriors actually almost lose a game, sort of 37. What . Next is sports. Not getting your best sleep . Could be youve got the wrong bed. Enter sleep number. She likes the bed soft. Hes more hardcore. You can both adjust the bed for the best sleep of your life. Save 500 on the veterans day special Edition Mattress with sleepiq technology, plus 36month special financing. Know better sleep with sleep number. E a bow and arr a broken guitar while the rainwater washes away who you are we go over the mountains and under the stars we go over the mountains and under the stars [ ] great change comes from doing the right thing. Like the radical idea that health isnt an industry. Its a cause. So we do things differently. We combine care and coverage. And believe prevention is the most powerful of cures. So forgive us for not going with the flow. We just think the flow should go with us. Which makes us rebels with one cause. Your health. Geraud on cam and that will really good things on his feet and his arm and the brain. And that will earn him a second straight start as qb. Jim tomsula made up his mind to go with Blain Gabbard versus seattle. He did it late this afternoon. This time hell have the luxury of a bye week in order to prepare for the leagues second ranked defense in the sea sidewalks. Nine consecutive 349ers quarters without a td. Detroit and pistons, 51 coming in for pistons. Steph curry, no worries. Styles up the three ball. The warriors lead by a dozen. Later, off the glass. Barnes, coming fouring in. Warriors win it, 10995. On to college pavilion, driving baseline and elevates. He finished with 15. Bears go on to win, 9358. Ivan at the 11 points and 11 rebounds. Cal, by the way, opens the preseason friday. More news coming up after the break. Weve been talking about gutters. Yes. And getting your gutters cleaned. It was so nice. I needed repair. Worked like a charm. Thats what we talk about during xheshgs. That storm system is moving off to the south. It will be cold with a start tomorrow morning. Down to 36 in the north bay. East bay 49. Tomorrows forecast, sunny skies back. San francisco 60 and the south bay at 62. The way i looked at it, about 100 worth of rain probably fell from the sky today for each yard. Thanks for joining us. Have a great tuesday morning. See you tomorrow. Byebye. 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 michael keaton. Nick offerman. Musical guest, chris janson