You can see where the bullets pierced through the passenger door before hitting him three times. This happened around 5 30 this morning. He was southbound on 680. That was in the commute direction. When another driver got angry with him over his slow driving. Both cars exited 680 at mission and took the first right turn, which is brown road. Thats where the angry driver fired several shots into the brown measure saudis and then sped off. รท mercedes, a 59yearold man from pleasanton, drove about a block away over here for the cvs shopping center. Parked his car here in front of the donut hole donut shop where a worker called 911. This man was shot three times, as i mentioned. One of those bullets hit him in the torso. Q it will require surgery, but he is expected to survive. The conversations police have had with him so far have been limited in terms of getting a lot of information. The only thing he has alluded is that he was possibly driving too slow at one time. What transpired from there, were not sure. Were not sure who engaged who. We do believe that likely both parties were involved in this incident, so what the actual story is were not 100 sure. Reporter no suspect or suspect vehicle description yet, and it might be hard to come up with one since it was so dark out. Theres no known witnesses. The dog, by the way, was not hurt. Animal services is taking care of it until its own feels better. Now, this is the second time theres been a road rage shooting in fremont in a week. Last thursday, not far from here, there was another shooting that took place by the mall parkway at technology drive. Apparently there was another angry driver who was angry with another driver who took too long to move on a green light. Bob riddell, nbc bay area. Thank you very much. The scene had andy lopez, 13yearold, who was killed on tuesday. Later today two more rallies and a vigil will be held demanding justice for his death. Investigators they say deputies thought he was carrying a real Assault Rifle as opposed to the replica he held in his hands. Witnesses say they heard at least one of those deputies asking lopez two separate times to put down his weapon. The barrel of Assault Rifle was turning in his direction. The deputy feared for his safety he believed the subject was going to shoot him or his partner. Its record that one of the deputies shot the boy, firing his weapon seven times. Lopez died at the scene. The investigation is being handled by santa rosa police. Fire investigators are trying to pinpoint the cause of a massive fire that broke out at an Industrial Park in concorde overnight. Take a look at this video. You can see several cars in what appears to be a trailer completely engulfed in trains. Crews were able to control the flames in about an hour largely because the building, thankful lir, is mostly made of metal. As of now there are no reports of any injuries. Right now barts board of Directors Holding its first meeting since two workers were killed working on a set of tracks in the east bay. A special moment of silence was held to recognize christopher shepherd and lawrence daniels. Nbc bay areas christie smithfls live in oakland right now where a group of activists are there actually calling for criminal charges against bart this morning. Christie, good morning. Thats right. Before the bart Board Meeting even started, a group of demonstrators showed up outside with signs saying that they believe that bart managers and the board should be jailed and held responsible for the deaths of those two workers who were hit by a train over the weekend. Now, this group isnt affiliated with barts unions. They said they are prounion, and they say that barts policies of not having workers on the track, for instance, or not warning of oncoming trains were a factor in their deaths. Inside the first board of directors meeting since the tragedy, as you said, the board held a moment of silence, and they offered resolution on behalf of christopher shepherd and lawrence daniels, who were checking on the track when they were hit. It was being operated by a manager in training in the event of a longer strike. Bart has suspended that practice, though, of making workers responsible for their own safety on the track. Called simple approval. Now operators slow down, stop, or will be recruited, but activists say this is about a climate of not caring about worker safety. We are saying that there needs to be a criminal investigation. We think that the bart board of directors are personally responsible. They never asked a manager about this situation of bringing in replacement workers to train. The ntsb is doing an independent investigation. Theyre going to draw conclusions. Everyone has a lot of questions that they want answered right away. Everyone at barted wants to know exactly what happened. We are in the middle of a grieving process, and its extremely important that there are some that want to politicize these two very tragic deaths. While were waiting for those answers from the ntsb. Bart hasnt used that policy in years saying that, in part, rye lying on a i did hear from one union leader this morning that said that they were just learning that these activists demands so, at this point they hadnt discussed it and hadnt had time to come up with a comment yet. Meantime, one of barts luxury said theyre going to vote. Reporting live, christie smith, nbc bay area news. Speak of the bart, trains are running on time following major delays in the morning rush hour. This is because the trains caught fire on the track of the station yesterday and needed to be moved off thevm, track. The train slowly both platforms finally reopened about 6 30 this morning. What caused the fire in the first place is under investigation . The bike rider was hit and killed by that bus during a crash in the citys neighborhood on friday. The chronicle reporting the bus did not have a people catcher in front of its rear tires. That is the plastic bumperlike device thats designed to push people who fall under the bus and then out of the path of its wheels. The bus did have the mounting equipment for the guard, but at this point its still unclear exactly why the people catcher was missing. Emergency work for her keiser permanentae say the decision to move young patients from they announced it yesterday saying the pediatric unit in hayward will close november 17th, and the young patients there will be moved to oakland. This afternoon the California Nurses Association is planning to hold a press conference demanding better hospital access for children in southern alameda county. The higherups at keiser say there arent very many children hospitalizeed in hayward, and theyll Getting Better care in oakland. On the steps of city hall, Community Organizers in San Francisco all ready to talk about what they call an eviction epidemic. In about 30 minutes from right now theyll present an agenda they hope will help stop these socalled epidemics from becoming a crisis. Smchtd same organizers are trying to help out a family who was evicted from their home of 34 years. 80yearold phun young lee and his wife, and their 84yearold they have a 48yearold mentally disabled daughter. The three of them, they were evicted from their knob hill apartment tuesday night. Their landlord, wants to convert their apartment into condos. The family, they were forced to stay at a hotel last night. Still to come, children injured as the gun goes off at a safety demonstration at a california school. Well tell you how it happened and whats being done to make sure it doesnt happen again. Also, a twolegged inspiration. Well let you know how this little guy is making some massive strides just one day after having both his back legs amputated. Hollywood stars gathered together to thank the nsa. Well take a look in business and tech. Meanwhile, were still fighting through some thick pockets of fog in San Francisco. Ill let you whn the low clouds will break apart to let the sunshine through. More importantly, i have your weekend forecast. A couple of things happen around the bay area i want to tell you about when nbc bay area news at 11 00 comes right back. Welcome back. A Southern California school is open to students after a bizarre shooting at a safety event. Three children in all were injured after a child pulled the trigger on a police Assault Rifle at Newman Elementary School in chino. This is in San Bernardino county. The ar15 office a rack attached to a motorcycle like this one, which had been on display during a Drug Prevention assembly in the school yard. The bullet hit a protective metal plate, which shattered, sending metal shrapnel into the crowd. Two students were treated at hospitals, and another was treated at school for cuts and scrapes. The chino Police Spokeswoman said all rifles have now been removed from department motorcycles and this incident is under investigation. Crazy situation. Okay. Weve heard of it done for alcohol, but how about a marijuana breathalyzer test . Well, that may be down the road for california drivers. Something Police Officers say would be necessary if the state legalized pot. Officers say they would need who may be marijuana intoxicated, but as of right now, there is no legal limit like there are for dui. Marijuana, they did say, is impossible to determine an test for sunny vail Police Say Law enforcement would turn to sacramento for answers. It wont be as effective in determining enebriation because there are varying modes of skrumgs skumts. That would be up to the legislature based on Scientific Research that they would have to take into consideration to determine is there a base level in a persons breath under the influence of marijuana that would warrant a driving under the influence conviction. The state of california may be legalizing marijuana on that 2016 ballot. Right now Lieutenant Governor gavin newsom is leading an aclu panel thats looking into this issue. Nissan recalling near 2,000 of its pathfinders and infinity suvs because of brake problems. There are reports the antilock brake system could malfunction resulting in longer stopping substances and drivers would expect. Nissan says so far there have been no accidents and no injuries related to this issue. Just last month the automaker recalled 900,000 suvs because of problems with the accelerator. A major hearing is underway in washington right now. The company that designed the health care. Gov website are being called on the carpet to explain why its not working like its supposed to. Nbcs melissa has the latest from capitol hill. No, i will not yield the hearing kicking off with a lot of questions from due to partisan anger. Lawmakers want to know what is causing the sites problems and who is to blame. We want to know how the system will be fixed, what it will cost, how long it will take. In the hot seat. You all testified in september and so you either didnt bn these problems or you chose not to disclose them. Which is it . Were there to support our client. It is not our position to tell our client whether they should go live or not go live. Cgi insisting the for january 1 benefits. Contractor qssi shared concerns about the site with u. S. Officials all along. Many of the critical components developed were overwhelmed. Still, the question from the website launched too soon. Word that designers knew it was riddled with bugs. President obama has o acknowled the technical problem and melissa, nbc news, washington. Now, herefz in california used the website covered california, coveredca. Gov. Its ab independent site from health care. Gov, but, of course, it has been experiencing glitches and problems of its very own. The next story become aing bigtime problem. Germany now the second country this week alone to summon the u. S. Ambassador demanding a meeting over spying. Scott mcgrew in france and germany are angry. Yahoo is summoning its ambassador. Its a big deal in diplomatic circles. Calling them on the carpet is another way of putting it. Germany demanded to meet with its u. S. Ambassador after new revelation from edward notice snowden show the nsa may have tapped a cell phone belonging to the german chancellor angela merkel. Now, here youre looking at some video from the Electronic Frontier foundation. As can you see it has a number of hollywood stars starring in it. Its something you can find on the internet. we also have a link on nbc bay area. Com. Were trying to first raise the tension about what is going on as far as domestic spying, and then the rally thats going to happen in washington this weekend. Back to you. All right, scott. Thanks so much. Switching gears now, ladies, check this out. Feast your eyes on this. Youre looking at the worlds most expensive dine are we sure thats not Costume Jewelry . The 59. 6 carat pink star went on display today in london. Sothebys says the diamond is the largest of its kind ever found, and its off the scale in terms of rarity. Off the scale on price. It will go up for auction next month, and geneva where its expected to go for more than 60 million. That would be love is priceless. No price tag. Its kind of romantic outside this morning. Hey, we have a good looking day shaping up. Overcast conditions. Its the kind of weather that makes you kind of want to stay indoors. Overcast conditions, and its cold out there as well. Weve got plenty of 50s all across the area. The sky over san jose, and San Francisco right now. As you head throughout the day, we are going to see that fog clear mostly between 11 00 a. M. And 1 00 p. M. , but until then, please travel cautiously out there. Visibility is still reduced across the bay area. Lets talk about the weekend. After all, we are so close to it now. Want to talk about tahoe because theyre actually going to get their pink fall color as we heam into this weekend. 62 degrees saturday. Ysg 61 degrees really comfortable conditions out there in tahoe. Overall looking pretty good. Highs today are going to end up in the 70s. 76 in livermore. 77 in fairfield, and 73 degrees in concorde. Sevenday outlook looks good. Major cooling monday into tuesday. A lot of cloud cover as well. Enjoy the 80s while they last, guys. Major changes headed to next week. Back to you. Its that time of year. Time to get cold. Thank you, christina. You havent seen this video, were about to show you a dog thats nothing short of yo remarkable. And inspirational. He is a double amputee, but he doesnt seem to know it. Or care. Meet 3monthold duncan. When he was worn, his back legs were basically stuck in a crisscross position. A vet says those legs were causing problems with his spine, so both legs were removed just this week. Look at him go. This is video taken just one day after that surgery. We have an update on sharks defenseman dan boyle. Welcome back. Good news for the sharks and sharks fans. Allstar defenseman dan boyle is expected to practice with the team this morning before tonights game against the boston bruins. Boyle has not played since this october 15th when he was hurt in this play along the boards against the st. Louis blues. Still hurts watch it. Yeah, its such a cheap shot. He was knocked unconscious and carted off the ice ice. The team has not said what his injury is, but he was placed on injured research. Its not likely he will play tonight, but its a fwood sign that he is rejoining the team on the road. Good for him. The 49ers have already wrapped up their work for today. Practice is done. Thats because theyre over in london where its almost 7 30 in the evening. Quarterback Colin Kaepernick says despite the change in scenery, its business as usual in practice, meaning plenty of gun smooching. Get to kiss the big arms. The team will be playing at 10 00 a. M. Sunday morning at Wembley Stadium taking on those jaguars. The game will be extra special for backup quarterback mcleod thompson. While he may not take the field at wembley, it is a bigtime piece of history for his family. Back in 1948, get this, his grandfather represented the u. S. In london for the summer olympic games, and he took the field at the old Wembley Stadium, and, guess what, the man took home a gold medal in the shot put. He told the sacramento b, he still remembers all the family stories about that magical and golden day. Pretty cool. Yeah. As you point the owed, he has athleticism running through his blood. The dna taking it to another level. Still ahead, the adorable video of a baby panda getting her very first shot. Called marla smiles video. Volunteers in East Palo Alto putting finishing touches on a brand new Elementary School playground. Very nice to see the playground being built at the cesar chavez academy, which originally did not have a playground for its students. Parents and the community, they wanted to change that, and they spent the past two years raising money for the project. Students also got involved. They pitched in by designing the look of the playground area. Originally the ceremony will be held in the schools academy. That mr. Take place this afternoon starting at 2 30. Guess what, you missed your favorite part of the show. The baby pandas are back. This one, though, resting comfortably this morning, but that was not the case this morning. A little doctors checkup. He knows how to talk. Ouch. Mom, ouch. The female cub began crying after getting her first vaccination. Zoo Officials Say shes very healthy. Now 6 weeks old. Doesnt really tolerate pain very well. Weighs 7 pounds. What baby does . I know. Good point. The cub was born at the Smithsonian National zoo in d. C. And still does not have a name. In chinese tradition pandas are usually named when the cub turns 100 days old. About 42 days old now, so he still has time to figure it out. Call hem cutie pie or call him hurts. Big hurts. Our next newscast at 5 00 tonight. Have a great day, everyone. If we dont get tracy back, were cancelled. I am a jedi i should have gone with my gut and fired you when we first met. I dragged you down . Opposite gas leak, huh . [scoffs] great. Damn it on my last day before retirement. What a day miss lemons gonna get mr. Jordan back. Were gonna do the best show ever. And out on the plaza, a bird landed on my apple. I thought he was gonna eat it, but he just sat there. Whats next . A different bird landing on a different apple . Oh, this is us, miss lemon. Lets walk together like laverne and shirley. Oh. Im sorry. Ill keep talking about the bird. [exciting jazz music]