This morning. The teenager who did not want to show his face says he and his older brother sat on his front porch here until a newer model silver honda accord pulled up in front of the familys home about 11 00 last night on fairington way. Police say a man got out of a car and opened fire. The 16yearold was shot once in the inner thigh. His older brother took two bullets, but he is expected to survive. Police originally saying road rage was the motive, but now saying this shooting could be gangrelated. We were actually smoking a cigarette, and then the car kind of each started shooting. While the bullet holes in the front of their home are now new, family members say the shootings arent. They say this is the fourth shooting on their street since may. The last one over Labor Day Weekend shot out, as you can see, their cars rear window. The suspect took off in that newer model sell ver honda. If you know anything about this shooting, you can encouraged to call East Palo Alto police. Sflirchlgs in the south bay the man accused of a deadly shooting near san jose state Spartan Stadium is expected to make his First Court Appearance in a couple of hours. Prosecutors will likely charge 62yearold craig uhara today. Is he expected to be arraigned in a san jose courtroom about 1 30 this afternoon. Police say uhara shot 47yearold Daniel Winslow on sunday morning. Theyve not released a motive. A source, however, tells nbc bay area winslow may have been trying to burglarize cars in the area when he was confronted. Police say they cannot confirm the report. A man who was shot by San Jose Police now about to get a beg time pay out from the city. San jose officials agreeing to pay nearly 5 million to settle a lawsuit by Javier Gonzalez guerrero, he says police shot him after finding him passed out drunk in a hotel stairwell after a Halloween Party in 2011. He was carrying a toy gun as part of the costume, but officers thought that gun was real. The officers involved, they say they told Gonzalez Guerrero not to touch the gun. Then opened fire when they saw him move his hand towards that gun. The sknsz is now expected to approve that settlement until later on this month. Now to a story in colorado where three deaths are now being reported because of all this flash flooding. Look at this video. This is video from a rescue earlier this morning when a road collapsed bringing down more than a couple of cars into the waters below. No one actually died during this collapse, but a body was found in a collapsed home and two more were discovered in deep waters elsewhere. Emergency crews are having a tough time reaching the people who were stranded because the roads are not passable. Well, it is quite the scene with more than 30 different swat teams out in the south bay right now battling to see who is the best m west. Nbc bay area Christy Smith is live in san jose right now getting an up close and personal look at this very challenging test these guys are facing. A lot of talent out there. Yeah, there is. A lot of exercise is going on. As you said, 31 swat teams encountering every situation that they might find in real life out here making quick decisions. The point they say really is another level of training. Its called theu,pn best in the west. By the Santa Claire Kra county sheriffs department, weve seen departments here even two from nevada. There are seven events and top guns. They got friendly people mixed in here. Hot hostile people. Weapons they say they might not be familiar with. The toughest event, though, they say is a jungle trail. That sem lates a manner grow operation where officers face deadlyojqjju q and even have to help an officer down. The officers bring in their own equipment for all this and learn from each other. Each event is actually modelled after something they may come across in their real life duties. In this situation were giving them an opportunity to come together with other teams across the bay area and throughout the state to Work Together and share tactics and also build a camaraderie because oftentimes we will come together, these teams will come together, and a mi twau aid situation. Its competition, also camaraderie, and tactical training. Now, these competitors are off work today. They come here to compete for two days. Theyre scored on things like time, points, precision. Its very complex. One of the different categories here is a dig netary protection where the detail theyre on has been attacked. For many its a hands to train at a permanent large facility like this one. Something that they might not have closer to their own agencies. Back here live just wanted to mention that a las vegas metro, thats the one that everyone is trying to beat. They were the big winners last year. This has been going on for 21 years. Reporting live in san jose, Christy Smith, nbc bay area news. Christy, thanks. Well, crews expected to have lp l control of the fire burning on mount diablo by tomorrow. Firefighters say the socalled morgan fire is now 90 contained. A little more than 3,100 acres have burned. The cause . Still under investigation, but the San Francisco chronicle reports neighbors in this area heard what sounded like target practice gunshots shortly before the fire broke out. The community is coming together to help the firefighters victimize while they were out battling the mount diablo fire. Firefighters returned to their station on walnut krik to find a burglar made off with several items, including ipads and even wedding rings. The Contra Costa Times reports the San Francisco jeweller is now offering to replicate and replace those stolen wedding bands. The Contra Costa CountyFire District is looking at ways to improve security at its fire station. Love to see that helping hand going out there. Well, the 49ers are undefeated right now, looking to go to 20 on the road this week out in seattle for a bigtime conference battle, and the seahawks, well, that organization sending a special warning out for the home crowd. That was the time out there. Stay cool. Seattle, taking a very hard line stance telling fans if they fight or even threaten a 49er fan they will be booted from the stadium and then have their season tickets revoked for those season ticketholders. There will also be undercover officers wearing 49er jerseys trying to catch any unruly behavior out there. The fan code will have to complete a fourhour online course that costs 75 before they will be allowed to return back to the stadium for any further games. Oh, by the way, a little programming note for you here. You can watch the sunday night Football Game right here on nbc bay area. Go 9ers. All right. Still to come, the bigtime defending champ in a huge oraclo team usa looking to get back on track in the americas cup sailing race. Well tell you about the major change for the team coming up in a live report. And california moves forward with plans to scrap test and start anew. What it will mean for your kids. Plus, the iphone 5c is not for shale yet, but its already on sale. Well take a look at that coming up in business news. Good thursday morning to you. Im meteorologist christina loren. Temperatures are warming nicely. We got you a really hot start to the week, and now weve hit the sweet stride. The forecast coming up when nbc bay area news at 11 00 comes right back. [ male announcer ] at sizzler. Its back for a limited time fire grilled steak and golden allyoucaneat shrimp for an incredible 9. 99 only at sizzler welcome back. Hall of famer and former 49er rodney is speaking out about concussions in sports. He just wrapped up the keynote address at a symposium at santa clara university. Nbc bay areas bob is live at that campus with a message from the hardhitting defender. Good morning, bob. I hope he didnt hit you today. Probably not. Good thing. Good morning to you, marla. Sports law, and its sponsoring the symposium looking to head trauma in sports. They gathered all sorts of experts to try to figure out, see what can be done to men miz concan youings, and including one person personally familiar with that issue, former 49er rodney lott seen here demonstrating the crack back tackle in slow mo, of course, on an audience member. A maneuver he used often during his days at the stick. Now, it would be illegal in the nfl because it has been deemed so dangerous. This morning lott recalls the tale of players paralyzed or dead at an early age because of not just because its the start of the football season, but also late last month the league agreed to pay 765 million to settle lawsuits with around 4,500 retired Football Players who sued the league for brain injuries and die men that caused during their careers on the gridiron. As cochair of the nbc nfl player safety advisory panel, lott has overseen changes to help make that sport safer, but says safety must not start at the professional level. Rather, at the bottom. At peewee and not just in football, but in all sports like soccer and hockey. Where do you think its taken so long . Ignorance . Resistance to change . A combins of both . I think like a lot of things, we brush our teeth with a toothbrush now that moves. We never i have my dad say how did that happen . I cant thats not the trooth brush i should use, and i think what were seeing now is there is a movement and this movement of change for our sport to understand that head injuries are not acceptable and that we have to find ways to enhance the way our kids are looked at in all sports. If you had to do it all over again, lott said he would still hit as hards in same way. Those are his words. Only, he would be operating within the confines of todays rules, which include nothing above the shoulders. Lott says, though, even though he sustained roughly 20 concussions during his career in football, he says he doesnt suffer from dementia or any other brain disorders. Reporting live here, nbc bay area news. It will not be remembered by his alma mater. The Piedmont Unified School District has voted to name the library after christopher stevens. He graduated in 1978. In addition to naming the library after him, the school would include his life as part of the lesson plan and social studies. Stevens mother said he would be pleased. Tomorrow there will be a special tribute to ambassador stevens at halftime. Ambassador stevens and three other americans were killed during that attack on the u. S. Consulate in libya. Well, despite the prospect of losing federal education funding, state lawmakers voting to do away with standardized testing and reporting for students. This is also known as star testing. Instead students will transition to a new testing system called w mapp, measure of academic performance and progress. The tests will reflect the new Common Schools just adopted this year. Now, the concorde Assembly Woman who wrote the bill says consistency is the key. Just going to remove all confusion and mixed messages that we previously were sending to our classrooms basically saying, well, we want you to do the new curriculum, but were going to give you the old test. At least you know this years mapp testing will be a practice run, meaning scores will not be reported. U. S. Secretary of education artie duncan says no test scores could mean no federal funding for next year. The waiver from the Obama Administration to go ahead with the new test. New heres whats going on with business and tech. The newest iphone hasnt even gone on sale here, and already one store is cutting prices. Thart wresh cot mcgrew trying to break it all down and trying to figure out what to make of this discount move. Starting a week from nothing fri. Just like apple and cell phone stars like at t will, but as you point out, it will do so at a u what do we make of this . Analysts say the iphone c, which was supposed to be the low cost iphone is not cheap enough. Perhaps walmart agrees or perhaps walmart is just giving up 10 per phone for the publicity. Hey, walmart f, is having a sa. The 5c is available for preorder starting tonight at midnight. Big brother, the iphone kvc5s be in stores friday. The iphone 5s, those who line up have the latest iphone, right . The iphone 5 and 5c, no improvement. There will be another Harry Potterish sort of movie. J. K. Rowling will write the screen play for fantastic beasts and where to find them. Its an encyclopedia about the wizard world. The harry potter franchise is the most successful in film history. All right. We have to bring you the music when we do the sailing. It is regrouping time for Oracle Team Usa as the americas cup sailing race returns to the bay in just a few hours. Nbc bay areas lauren scott is live at americas cup park with how the defenders are making a major thank for todays races. I know they called it quick a little earlier early the other day. Now were seeing some of the plan unfolding. Let me tell you something, big changes for Oracle Team Usa;dl the sense that their one bay area native john kasteki is off the boat as the tack tigs, and entering in his place is sir ben ainsley, the british sailer, one of the most decorated olympic salers of all time. Four gold medals in the Olympic Games for ben ainsley. He has been the second boats helmsmen. He goodbye going up against the skipper in all of their practices, and now will he join him along the boat, and lets show you what happened last time they were on the bay. This was tuesday. Oracle team usa getting off to a great start, but Team New Zealand taking advantage of a tactical error by the defender, and getting out in front and winning by a minute and five seconds. Thats a big, big victory for the kiwis, and then in the second race Oracle Team Usa says were going to play a provisional card. Were not going to race in this second race. We want to go in and regroup. What were hearing today is beer back out here live is that this team is making this move. To put it in some sort of perspective, you think of football terms perhaps. Theq, n tactician is helping th skipper and helmsmen as the head coach in this case. Called plays. Where theyre going. How theyre headed. Thats a big move there. Really as it gets down to it, running out of days for Oracle Team Usa to not start sweeping races to get back in this. They are ten races away from keeping the americas cup, wheel emirates Team New Zealand only needs five wins to take it back to new zealand and we will have this action for you right here on nbsz bay area starting at 1 00. A big race with big, big changes, and what is now race six. The race that was postponed from tuesday, and then scheduled also race seven, so two races today. Ben ainsely on. Well see how Oracle Team Usa faired. Back here in the studio. Thank you very much. Team usa with a big challenge. Thats what champions are made of if you are going to get it done. Because of todays races days of our lives will air at noon. Bethany followed by ellen and then you can watch bay area news at 5 00. We suggest you do that. Always. Keep it locked in. Break the knob off right now and leave it right here. You can get out once in a while, and if you get out today, well see what it looks like and feels like in the bay. Its going to be nice once that sun breaks through. Those thick low clouds. John and marla, good morning. This is over the sinole your, and there are a few puffy clouds left over. Theyll soon be gone. If you want to head out to the race, everything starts at 1 15. Marcs you bring your sunscreen because this marine layer is already starting to burn off. You can see plenty of low clouds still spanning from concorde through san ramon, fremont along the east shore. Sunshine right here in san jose. This is what were expecting throughout the day today. Temperatures are going to continue to be comfortable. Done with the triple dej it is. Happy to report that at least for the next eight, maybe even 15 days and look at all the long range models and were looking good for a sweet stride of weather. As you head throughout the afternoon, a sweet breeze picking up off the ocean. Temperatures will stay nice and comfortable. Were going to see more action out there on the water. More of a breeze today than what we exped on tuesday. Highs work like this. At around 1 00 p. M. Temperatures are going to be nice and comfortable out there. 68 degrees. 2 00 p. M. 69 degrees. If you cant get out there, we have you covered. Everything starts on nbc bay area. I think personally you already have the best seat in the house to catch that final race of americas cup. 86 degrees for livermore. Yp 75 in fremont. 78 in redwood city. I know you want that weekend forecast because temperatures are looking good for your outdoor plans, and i keep pointing out this is or last full weekend of summertime. If you want to hit the beach, youll still be able to do so. 68 degrees in San Francisco on saturday. Santa cruz, 73 degrees. Back to you two. I need to make my weekend plans. Absolutely. Music to my ears. Weekend. Yes, thank you, christine wra. Still to come, pope francis has a new ride. Whats ahead of the catholic church. Well soon be riding around many in italy. Old school is what it is. You andry both big fans of miss, and theres an airplane movie. Kreblg correct . I thought were going to say the movie airplane. I love the movie airplane. I know you do as well. The airplanes you see out there, theyre going to be pulling double duty. Theyre now offering canine. Dogs experience what it feels like to go through an airport and then take a flight. There are crowds, baggage carts, and even some turbulence. The Flight School costs about 350. Flight school for dogs. Have you seen this . Pope francis, he has a new ride. Northern italy priest has donated his used car so the pope can drive it. A manual shift with a new engine. He can drive stick, huh . Apparently so. The vatican says pope francis plans to drive the car himself and use it for a short commute t hahp hc an groun4 you know, he will make that cool again, and those things are going to be in demand. He doesnt get allowed take it off the ground . Is he the pope. He can drive it wherever he wants. Rolling in rome. Yeah, just rolling with the popy. A peninsula fire chief jumps into action on board a flight and ge the sdwrob done. The reward you receive for the lifesaving effort and why he is giving it away. The story after the break. We all agree Fire Department people are heroes each and every day, but this is a little different. The fire chief being hailed as a real life hero. Last month off duty chief aircraft nichols jumped into action responding to a call from a help from a flight attendant. He helped a woman who was having abdomenal pain. He determined that the plane needed make an Emergency Landing to get the woman medical help. Any firefighter would step up and do that and help out, but we do feel pretty isolated up there at 35,000 feet. The woman is okay. America airlines gave chief nichol a 250 voucher. He didnt keep it, though. He turned it over to palo alto since he was on city business. What a good guy. Another day at the office. Doing it right. Thanks so much for being with us. Our next newscast is at 5 00. Have a great day, everybody. [ female announcer ] safeway presents real big deals of the week. Or how to get great deals the easy way. You do enough flying around. Thats why we give you real big club card deals. This week, a super low price on breakfast. Honey bunches of oats is only 1. 88 a box. Arrowhead water is just 3. 33 a case. Make it a triple scoop. Dreyers ice cream is just 2. 88. Real big deals this week and every week. Only at safeway. Ingredients for life. Only at safeway. I never thought this day would come, lizzie. Okay, push. [groaning] push, liz lemon here comes your baby congratulations. Its meat cat [laughs] the cheesy blasters mascot. Im whats inside ya razzmatazz [laughs] [gasps] i got to eat better. Oh, hello, mr. Hornberger. I thought i was the only one here at this hour. No, this is just my little ritual, so i can have a moment of peace and quiet between home, where this happened, and work, where. Im always being interrupted. Oh, i get it. A little pete time. Pardon the familiarity. Well, you just enjoy your coffee, sir, while i tell you a funny story about my friends cat. His name is mr. Wiggles, and his cats name is benson. Wheres liz