The b. A. R. T. Fruitvale station. Grant was unarmed a to the time. B. A. R. T. Has already paid millions to grants mother and daughter. And this suit is actually brought by grants father and filed while he is behind bars, serving time for murder. Now, some including Defense Attorneys for mehserle question just how close grant and his father were to each other, and his actual reasons for the suit. Mehserle spent a year behind bars, and now lives a lowprofile life and hes now expected to recount exactly what happened that day. Hell also answer questions about whether he had any possible biases or bias towards black people, toward anybody of color, or anyone who may have been at that station that day. Of course, this a civil rights lawsuit. Now, we are expecting mehserle, again, to testify this afternoon. Hes expected to be on the stand through the afternoon and into tomorrow morning. And we are told that security will maintain a very tight presence here at the courthouse, because of mehserles presence, as well as, of course, a convicted murderer being grants father. That is the latest here from san francisco. Im derek shore. Nbc bay area news. Well, today a judge could consider granting bail to the accused gangster arrested in the same fbi raids involving state senator, lelandee. Leland shrimp boy chow is accused of trying to sell stolen liquor and cigarettes. The two boy and several others were arrested back in march. Yee is accused of laundering money and gun trafficking. Also expected in court today, the man charged with kidnapping and killing morgan hill teenager, sierra lamar. Prosecutors say Angeline Garcia torres kidnapped lamar as she walked to school in 2012 and killed her. He was later arrested about a year later and still has not pleaded guilty or rather, has pleaded not guilty. Last month, prosecutors announced that they will seek the death penalty, even though lamars body has yet to be found. Garcia torres is also charged with carjacking and attempted kidnapping of three other women in morgan hill in 2009. Police are searching for evidence and for answers this morning in oregon. Yesterdays School Shooting ended with two students dead and a teacher wounded. Nbc bay areas jay grey is at Reynolds High School for what was supposed to be the last day of class. Reporter there seems to be a certain strength that comes in being together. Thats why so many students gathered overnight, searching for any hope or comfort they could find, after the horror of what happened. We love you, emilio reporter and to remember freshman soccer player, emilio hoffman, who was killed during the attack at Reynolds High School. I wish i could have said goodbye or told him how much he meant to me, but, i know he knows. Reporter caylen says emilio was one of her closest friends. After the shooting, she scrambled to try to find her, but hours later, found out he had not walked out of reynolds high with the rest of his classmates. I broke down. It was horrible. I mean, i saw all my friends crying and everyone was hugging me and kept apologizing. Reporter police still havent released the name of the gunman or how he died, but Law Enforcement sources tell nbc news he was a student at the school and was armed with a highpowered rifle. Ive got report of shots fired in the locker room. At least one person down. Reporter the tragedy here is the fourth highprofile shooting west of the rockies in just 18 days. 14 people have been killed. The latest victim, a popular freshman at reynolds high, who wont start the summer now with his friends. Now, investigators still arent sure about a motive in the shooting and havent say whether hoffman was targeted by the gunman or a random victim in the attack. In troutdale, oregon, jay gray, nbc news. Each incident more tragic than the next. According to the sun safety group, everytown, there have been 74 shootings at schools in the u. S. Since the tragedy at sandy hook, although that definition is a little bit broader for School Shooting. That includes five right here in california. A police in the bay area are looking for a man they say beat up an 89yearold woman and then stole her car. Investigators think 28yearold Terence Hardy attacked the woman in the parking lot of the cvs drugstore on san pablo avenue in el cerrito. It happened sunday night, but police just released the information. They say the woman was walking to her car when she was confronted by the suspect, who hit her, knocked her down, and then took off in her car. The woman was treated for a broken collarbone, broken ribs, and injuries to her face. Investigators say she should be okay. Six months after doctors declared her braindead, the family of an oakland teenager maintains she is still alive and now a battle is underway for jehi mcmath. The family is fighting for something new. Reporter good morning. We still dont know whether or not School Administrators at ernestine will grant an honorary diplomat for jehi mcmath. She would be graduating from the eighth grade at this school on friday, but in december, doctors declared her braindead after a complex trio of surgeries. Now her family wants her diploma. A few moments ago, we spoke to the current acting principal at the school, who said she didnt have much to say since the Conference Call has not happened yet. The first time, jehi has attended our school since kindergarten. We love her dearly, its a family here. And shes been with us for nine years. Reporter yesterday, mcmaths uncle expressed concern on receiving the honorary diploma. He said School Officials said they received two too many complaints. But the family could have an answer this afternoon, when the Conference Call does happen. In oakland, today in the bay. The city of san jose now has rules for pot clubs, which operators say will put most of the citys 78 dispensaries out of business. In a 73 vote, the council moved to force dispensaries to sell only marijuana grown in Santa Clara County or bordering counties, to operate only between the hours of 9 00 in the morning and 9 00 at night and to provide security around the clock. The council also moved to prohibit pot consumption on the premises. Well, its nice to actually see them do something. It would have been better if it was positive in our direction, but at least at this point, we can move forward. The council did not limit the number of dispensaries specifically, but did restrict them to certain industrial areas, where they must be at least a thousand feet from schools, parks, and other areas where children gather and 100 feet from homes in those zones. All right, pot proponents say they have 38,000 signatures to qualify a Voter Initiative to overturn the ordinance, which they plan to file soon. A follow up now about san joses historic domed theater. The city Council Voted last night to designate the theater a city landmark. Supporters hope to save the theater from getting tore down, but earning the landmark designation does not necessarily prevent that outcome. It just means a lot more hoops for developers to jump through if they want to build something new in the theaters place. Meanwhile, next week, the National Park service is expected to put the theater on the National Register of historic places. Well, students at Monte Vista High School in cupertino are supposed to bring their yearbayea yearbooks back to school. They plan to attach a new name label to each student. Students have tracked down the student who wrote a slur and are talking to him about possible action. Okay, 11 08 on your wednesday morning. Still to come, defending the prisoner swap. The defense secretary gets grilled by lawmakers about the release of Sergeant Bowe bergdahl. Plus, a possible link to Breast Cancer. The new study that has researchers taking a closer look at red meat. And our atmosphere has been rejuvenated. Weve got that onshore flow, wind picking up. That has led to early clearing. A dpoernlgorgeous day shaping u well warm up your temperatures yet again as we get into fathers day weekend. Lots to go over today. Your full forecast in moments when nbc bay area news at 11 00 comes right back. Defense secretary chuck hagel says the decision to exchange five taliban leaders for army Sergeant Bowe bergdahl was done laegally. He testified before the House Armed Services committee this morning in washington, d. C. Republicans and some democrats have criticized the Obama Administration for not telling congress about the prisoner swap before it happened last month. Hagel said the exchange had to be made quickly. We grew increasingly concerned that any delay or any leaks could derail the deal and further endanger sergeant bergdahl. We were told by the qataris that a leak, any kind of leak, would end the negotiation for bergdahls release. Although questions have been raised about bergdahls disappearance, hagel says bergdahl has not been in contact rather, charged with any misconduct. The taliban had been holng bergdahl captive since 2009. The second ranking republican in the house is ceding his post as majority leader. Sources tell nbc news that eric cantor will tell his colleagues this afternoon that hell resign in the summer. Yesterday, the richmond congressman was redefeated by the same tea party that supported him four years ago, the candidate, that is, that defeated him. Its the first time in history that a House Majority leader lost his seat in a primary, not even in a general election. Cantor was widely viewed as next in line to replace house speaker, john boehner. Political analysts, meanwhile, say the upset will pull the conservative leadership on capitol hill even farther to the right. Cantor was willing to talk about immigration reform. The candidate who beat him out, david brat, ran an antiimmigration campaign. Although its not clear thats what led the to cantors demise. Now immigrant rights activists are frustrated. Now with cantors defeat and the tea party being so much against immigration reform, that issue, off the table. I got taxes on everything. So we doing our part, but we dont have the other part from the government. They really dont care. They play with our lives. Dr. Brat is running in a heavily republican district. He is expected to secure the seat in congress this fall when he faces a democratic opponent. Activists now say its time to step up the pressure on president obama. They want him to pursue executive action to help create a pathway to citizenship for the millions of immigrants in this country. Well, president obama is coming back to the bay area, looking to cash in once again. The president scheduled to attend a pricey fundraising lunch at the los altos homes of judy and George Marcus on june 23rd. Joining him, House Minority leader, nancy pelosi, and other key bay area democratic leaders. Tickets run anywhere between 10,000 and 32,000. Popular restaurant chain p. F. Changs is looking into reports of a possible security breach. A spokesperson says debit and credit card information could have been stolen from the restaurant and posted online. The chain stresses, it is just investigating reports at this point, and nothing has been confirmed. The National Parks service is looking for historical lbgt cites to designate as national landmarks. The park service will consult with scholars and Community Leaders to create a preliminary list of sites that are important to the gay rights movement. San francisco leaders say the tough part here will be cutting down the list of sites. Theyre considering places like city hall, as well as dozens of bars, taverns, and the nations largest lbgt museum. First seattle, now here. San francisco will be asking voters to raise the minimum wage to 15 an hour, tying for the highest level in the country. Under the proposed deal, the current 10. 74 per hour rate would be bumped up to 12. 25 next may and 13 in july of 2016. The pay would increase by 1 a year until it reaches 15 in 2018. Voters will decide on this plan this november. Earlier in the month, Seattle City Council approved a plan to slowly increase the minimum wage to 15 per hour in that city. Mountain view city leaders are issuing a warning to golfers this morning after a pair of burrowing owls were found dead. The burrowing owl is a protected species. And several of them live near the shoreline golf links in mountain view. The city says in march, the owls were trapped in their borough when a bottle was shoved into its opening. The bottle contained seeds and sand used by golfers to repair divots. Both owls died of starvation and dehydration. The department of fish and wildlife is now investigating. The golf course is informing golfers to stay clear of the owls. The surveillance cameras in the area are in place to monitor another pair of owls in the area. Big rumblings on the educational landscape. The California Teachers Association says it will be filing an appeal after a judge struck down tenure and other job protections for Public School teachers. The ruling made by a Southern California judge yesterday is a huge victory for nine students financially backed by wealthy Silicon Valley entrepreneur david welch. Hes the founder of the nonprofit, students matter. The judge sided with the students, ruling that tenure laws harm students by saddling them with bad teachers that are almost impossible to fire. They can hurt somebody, harm any one of your children. Youve got to go through so many different things, jump through hoops to try to get them, you know, reprimanded. No. It was like they were untouchable. The current laws will stay in effect, pending an appeal from the teachers association. New Research Shows young women who eat a lot of red meat could be increasing their risk of Breast Cancer. Researchers at harvard looked at data from more than 88,000 women. The women, aged 26 to 45, filled out surveys back in 1991. Then, 20 years later, statistical models show that those who ate a lot of red meat increased their risk of Breast Cancer for 22 . Experts say young women who replace just one serving of red meat a day with chicken or fish may help to lower their chances of developing Breast Cancer later in life. So less red meat is good. And i would also think more fresh air would be good for the mind, body, and soul. Today might be a prime opportunity. Lets check in with meteorologist christina loren. We had a spare the air day on sunday. As of today, back into good air quality range all across the board. And the reason why is that stronger onshore flow. Weve got a pretty well defined weather story. Today, were running 4 degrees milder in san francisco, 3 for mountain view, and 2 in half moon bay. Those are the only cities that are running milder than yesterday. Now, the difference between yesterday and today, were getting that cool ocean air all the way inland. And thats dropping your temperatures, significantly. Youre 9 degrees cooler at this hour than 24 ago. In concord, thats 68 degrees and our temperatures are going to be really, really nice out there. So youre getting more sunshine at the coast. Thats why its a little bit warmer there. Meanwhile, were getting more of that cooler ocean air inland and thats why its cooler for us. Thats the weather story for today. Cooler with a steady ocean breeze. If you live or work in san francisco, its going to feel like theres an airconditioner on you all day long. And i want to show you our south bay camera. We are not one of the wind prone areas across the bay area. Our camera getting a pretty good shake, also, off in the distance. You can see those coastal clouds trying to get back in. They will make their way back in, tomorrow, weve got a cooler day, as a result. San francisco right now, a little bit overcast, beautiful days ahead there if you want to take dad for fathers day to san francisco. Goodlooking conditions for that. Let me show you where the low clouds are right now and where were expecting them to end up tomorrow. So were getting that cool ocean breeze, all the way inland. By tomorrow at this time, completely socked in with fog for most of the day, even with our days longer as we get closer and closer to summer, well hold on to these comfortable levels. 84 for the east bay. 77 today. Thats in san jose. And that is cooler than average by 2 to 3 degrees. Well be cooler than average for tomorrow as well. Then were going to bring those numbers up, just a touch above average for flag day and fathers day. Big weekend. Well take you through some of the events that are free tomorrow when we meet back here. Right now, back to you, kris and sam. Thank you very much, christina. Still to come, abag bay area man drives more than 13,000 miles through 12 countries to show his team spirit at the world cup. And details about his car, nelly, coming up next. Safeway understands you got to make every dollar count these days. Thats why they have lots of ways for you to save. Real big club card deals, the safeway app and gas rewards. This week, sweet and juicy prima peaches are just . 99 a pound. Tender ranchers reserve ribeye steak is only 6. 99 a pound. And arrowhead water is just 3. 33 a case. Theres more savings to love. At safeway. Ingredients for life. Jennifer lopezs appearance at the world cup is back on again. That announcement coming just a few days after fifa announced lopez would not be available to perform we are one at tomorrows Opening Ceremony. Lopezs representative said that they have been working out scheduling logistics and fifa jumped the gun when it said she would not be attending. Lopez will perform alongside pit bull and brazilian singers claudia latte. Well, one dedicated soccer fan, i know you were hanging on every word of jennifer lopez. Sorry, not to interrupt. I wasnt paying attention to jennifer lopez. No . You were watching pit bull . Absolutely not, no. A soccer fan drove his nearly 60yearold car from the bay area to brazil and it made it all in once piece. Does this sound kind of dangerous to you . He drove 13,000 miles in his chef lei pickup to watch his team play. Thats a good year. Maybe for being born. I dont know about owning vehicles that are 60 years old. He and his red truck, nicknamed nelly, began the journey in san francisco. It took him through 12 countries. Every morning, it started and i went through the highest mountains, through the deserts, through the amazon, the rain forest. She has informer lnever let me. I have a special relationship with that old truck. And hes back to tell you all about it. As you can imagine, the truck cant go too fast through those conditions, explaining why it took him five months. The truck got its paint job from a group of schoolchildren the driver works with in san francisco. That sounds very nice. Its the driving through the country parts that would be a little frightening. Usually june 12th is brazils version of valentines day, but thats the same day as the world cup Opening Ceremony and the first game involving the beloved national team. So businesses are going with the motto, first i kiss you, then my jersey. Very catchy. Many hotels are offering discount packages and chocolate to entice lovers to show up a day early. Restaurants are also unveiling special menus for today. Thats how they say it in brazil . First i kiss you, then my jersey. That might have been an italian accent. It was a blend. Maybe portuguese. 11 24 here on this today in the bay. A tunnel made for turtles. Well show it to you right after the break. A new tunnel is under construction right now in minnesota. But this is not any old plain tunnel. It is a turtle tunnel. You heard that right. Turtle tunnel. The purpose being giving the reptiles a safe way to cross a busy stretch of roadway in order to nest on the other side. It is a special culvert system from germany. And it has skylights to allow lights in. The crews will include sensors near the highway to funnel the roadway toward the tunnel. It will make the road safer for the turtles, but for the people who pull over to try to save them. Your tax dollars at work. How do you feel about that . Were very happy for the turtles. Yes. Thank you so much for joining us. Our next newscast is tonight at 5 00. Well see you tomorrow. After all these years, i finally have it all. Im gonna miss this place. Thats how you do it. Its two lines. [car horn honks] hey, 1 dbag you cant park here you dont own the sidewalk ahh its nice to see you back at work and taking advantage of being in the greatest city on earth, despite our tiny and american sodas. Well, i feel like new york city is one of the characters on our show. [laughs] thats idiotic. So how was your hiatus . Start with what puzzles you did. Venice, solar system, unicorn. The cast of l. A. Law. That one took me a while. So much white. Anyway. Good to be back, but stressful. The usual liz lemon worklife balancing act. How are things with chris . Good. Great. We are trying. Really, lemon . You cant even say trying