high alert. just last month, there was a similar attack at san jose state university, a man allegedly groped four women after entering their unlocked dorm rooms. that suspect has been arrested. reporting live in palo alto, marianne favro, nbc bay area news. >> thank you. tonight, we are also learning more about the abuse charges facing a special ed teacher on the peninsula. 44-year-old alexia bog does is out on bail tonight but authorities at roosevelt elementary in redwood city say she won't return to the classroom until this case is settled. investigators say the victims are two 4-year-old boys. she is accused of withholding food, kicking, slapping and twist one of the boy's wrists. neither child was seriously hurt. she returns to court next month to enter a plea. alarming news about the safety of the children tonight. many are hurt by loved ones on purpose. the study found that 58 of every 100,000 children under the able of 1 end up in a hospital with injuries suffered at the hands of a caretaker. that number is higher than the number of children admitted for sudden infant death syndrome. organizeders of the nonprofit group in stand in contra costa county say the finding should serve as a wakeup call. >> what i hope comes out of this study is the sense that children are probably the most important resource that we have. we need to treat them well so they become positive and productive adults. >> the classes teach adults how to deal with the stresses of dealing with little ones. jodi hernandez will take a look at how stand is trying to turn the child abuse trend around at 6:00. waiting for this the calm before the storm. get ready for a blast of rain, could be a sloppy commute tomorrow morning. chief meteorologist jeff ranieri joining us now, monitoring the radar in our nbc bay area center. >> this storm system just offshore, a few returns a couple hundred miles out in the pacific at this point, you take a look at the satellite and radar picture, see in that last loop right here, some area rainfall starting to develop there out in the pacific. right now you we have a wind advisory in affect, not only a quick blast of some rain but also winds that could gust as high as 30 miles per hour through tonight and mainly into early tomorrow morning. now the center of the storm is still a couple hundred miles out but as that continues to near, once again, we will start to see these conditions intensify. how much rainfall, an inch in the north bay and the south bay and for the et bay, letters amounts at this point with a quarter to a half-inch overall. coming up, we will have details on the timing of this system and when, again, the worst of it will be, but as we have been mentioning, we need every drop we can get right now, only 29% of normal in san jose. >> definitely need it. see you in a few minutes, thank you, jeff. tomorrow is a big day for the same sex marriage movement, a year and a half after the federal judge struck down prop 8, the ban on gay marriage, an appeals court will give its ruling. three-judge panel from the ninth circuit court of appeals in san francisco will release its opinion tomorrow. the judges can uphold the rule wig voided prop 8 or strike it down, leaving prop 8 in place, which defines marriage between a man and a woman. no matter what the panel's decision the case will likely reach the u.s. supreme court. a very real scare caused by a fake gun. it happened at a south bay high chool and it had that high school on lock down today. this is the nve gun mistaken for a real gun at cooper team know high, a custodian spotted this plastic gun poking out of a backpack and immediately called 911678 the school was put on lock down 20 minutes. more than two dozen students brought the nerve guns to school today to play game called assassin. no students were arrested, those who brought the guns could face disciplinary action. in the east bay, our nbc chopper over the scene now you building inspectors trying to determine what caused the front of a two-story building to collapse. it happened in oakland, dozens of bricks crashed to the ground at a liquor store, you see it happened here, international boulevard and 13th avenue, no one was hurt, police created a barrier around the debris. the catholic church objects to a white house directive requiring religious groups to give women the same health care benefits private companies do, including access to birth control. the outcry has been so loud, white house spokesman jay carney hinted the administration might compromise on this issue. the policy requires religious groups to pay fine it is they fail to comply starting in 2013, san jose's bishop put a letter in the bulletin saying we cannot comply with this unjust law. people of faith not be made second class citizens. we are joined by our brothers and sisters of all faiths in this important effort to regain our religious freedom. it is a disturbing story, a missing wife, a bitter custody battle and today, the worst case scenario, a murder/suicide, claiming the lives of a father and his two young sons. the story's unfolding in two different states. here is nbc bay area's stephanie stanton from washington state. >> reporter: firefighters sift through the rubble of the home where police say josh powell set off an explosion that killed himself and his two young sons. >> it was definitely a gas boom. >> reporter: house went up in flames sunday, moments after the boys arrived with a social worker for their scheduled visit. police say powell opened the front door, let the children in and blocked the social worker from entering. moments later, the smell of gas, then fire raged through the home. >> intentionally started a fire because it was a scheduled visitation. >> reporter: homes before the blast, josh sent his lawyer a three-word e-mail saying, i'm sorry, good-bye. it is the latest twist in the two-year saga in the search for susan cox-powell, josh's wife who disappeared december of 2009. police labeled him as a person of interest in her disappearance but he was never charged. josh had been locked in a bitter custody battle with susan's parents given custody of the boys last september after josh's father, steven, was arrested on child pornography and voyeurism charges. police discovered thousands of pornographic images of children on steven powell's computer in the home yes lived with josh and the boys. susan's parents haven't spoken publicly but released a statement saying, "words cannot adequately express the grief, first susan and now charlie and brained." >> this was a horrible murder of two little kids, let's not dress it up, let's not sanitize it let's call it what it is. which is something deeply wrong, which is not a tragedy, which is something evil. >> reporter: and a birth end to a two-year ordeal, with no real answer he is and a community and family in mourning. stephanie stanton, nbc news, graham, washington. other news today the u.s. announced it is shutting down its embassy in syria amid the growing violence. the move puts pressure on syrian president bashar al assad to step aside. hundreds kill over the weekend bringing the total number of deaths 5,000 since the uprising began 11 months ago n an interview with nbc, president obama said assad has to go but he doesn't want to use force like they did in libya. >> i think it is very important for us to try to resolve this without recourse to outside military intervention and i think that's possible. >> on the issue of iran, president obama says he does not believe israel will launch a missile strike on suspected nuclear sites answered does believe iranian leaders can be forced to back down through sanctions. coming up, nightly news will have more on the escalating crisis in syria, including the options and the risks for the u.s. are they bowing down? still to come here at 5:00, two major bay area companies giving into pressure from india what is behind the move that some are calling censorship? class warfare or common sense? the plan to make millionaires pay up gets a major boost. and good ending, i am jeff ranieri, in the nbc bay area weather center, tracking rain developing offshore, right now the bottom edge of your screen, for big-time changes. we will talk more not only about the rain but also some strong winds pushing across the region in just a few minutes. and chalk it up maybe to animal attraction, a look at the most popular commercials from yesterday's super bowl, plus one that you didn't seet t i stirring up a lot of controversy. back in a moment. denny's new sizzlin' skillets are here for a limited time. so strike while the iron's hot. starting at $4.99. only at denny's. america's diner is always open. never in my lifetime did i think i could walk 60 miles in 3 days. 60 miles in 3 days is-- is huge. if my mom can fight and beat breast cancer, i can walk 60 miles. you just put one foot in front of the other, and you know that you're walking for such a 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(man) register today for the... and receive $25 off your registration fee. because everyone deserves a lifetime. as racially diverse as the bay area is, san jose police say hate crimes are increasing. the victim of a recent hate crime stepped forward, his name is atoll lull, and tens of thousands of indian-americans living in the bay area. last november, lull was attacked in the parking lot of a lucky store in south san jose. lull says group of men smashed a bottle over his head, spit on him, beat him and called him a terrorist. his teeth were knocked out answered needed jaw surgery. >> i'm not looking for -- to point fingers at anyone, i just want that -- the public to know that when crimes happen it is hard for the police department to investigate this though may not have the resources, procedures need to be revamp and investigativexeinvestigatiovex n investigations like this take time and because of that, my attackers go free. >> he emigrated to the bay area 30 years ago. this is a sketch of one of the suspects and they have surveillance tape of the attack. last year, 32 hate crimes were investigated compared to 24 in 2010. supporters of a so-called millionaires tax are trying to make up for severe budget cut with us a controversial november ballot initiative. the money would be used for education, police and fire protection and services for the disabled. the referendum would create a 3% million a year and as 5% tax for those making over 2 million. >> our taxes only tax millionaires, not the average income earner, not the mother on welfare, not the homeless on the street. our tax is permanent and generate more money. >> the proposed initiative is support by both the teachers and nurses unions, it needs just over half a million sig match kbhirs july 2nd to qualify four the november ballot. two bay area-based internet giants removed web pages from some sites in india due to offensive content. google and facebook were forced to remove pictures, videos or texts considered anti-religious or anti-social. they are two two in a heated censorship debate internet standards. a controversial political ad produced in california is coming under fire tonight. >> your economy get very weak, ours get very good. we take your jobs. >> this was an ad by pete hoekstra during the super bowl, nader michigan where hoekstra is running for senator. he spores the ad and says it highlights how deficit spending is helping china's economy, but community activists are calling the commercial blatantly racist because the character speaks in broken english. the asian-pacific islander american vote group issued this statement -- the hoekstra campaign says the ad will continue to run for two weeks. what we are presuming you watched it the most watched tv event in history, more than 113 million viewers for last night's super bowl on nbc. >> but we did more than just watch it we tweeted, we tivoed. nbc bay area's business and tech reporter scott budman has the numbers for us. scott, which commercial was number one? >> january it had to do with a dog. we saw a lot of dogs last night, we saw madonna, m & m's, quite a bit of david beckham. we watched and rewatched as technology took control of the game. tens of thousands of us watched and rewatched this ad during the super bowl, making it the top tivoed commercial of the day. and it wasn't alone. >> dogs seems to be the key to super bowl success this year. >> to the end zone, hernandez is there. >> reporter: we went to tivo's headquarters we found out this hail mary pass was the most tivoed play of the day. and that once again, ads ruled the air waves. >> people are paying as much or more attention to the commercials as to the game. >> reporter: and madonna, still a big hit. tivo says 16% more people tuned into the halftime show than to the game itself. they measured 41,600 tivo boxes to scope out what we rewound and rewatched. ♪ turns out we also love m & m's. music. ♪ and, yes, more dogs. and away from the world of all that social media, the bay area, according to a food tracking company called seamless ordered, in order, pizza, wings and hamburgers to be delivered to super bowl-watching houses. yet another stat for u tonight at 6:00, what about the ads we saw before the super bowl? did they get our attention yesterday? we will take a look at that later, janelle and raj. >> okay, very entertaining, huh, those commercials? >> many of us were working here yesterday and we had pizza, wings and a lot of junk food. i paid the price last night, jeff what but after you got off? >> i made it over to the chip area that we had and i really didn't leave it too much. i didn't even see the pizza and wings until later on and those fire hot cheat toes, not a good idea before going on air. look at the doppler radar now, hard to believe, yes, rain is finally coming back to the bay area, after 14 days with no rain drops, tracking activity you 65 miles offshore, moderate and heavier rainfall that will eventually be moving in, not amount rain but yes, even the wind here for the northern coastline, the peninsula, including san francisco and right down the santa cruz mountains. wind advisory tonight into tuesday morning, southerly winds that could gust as high as 30 miles per hour, maybe even a little higher up across some of those highest elevations in the santa cruz mountains, numbers right now, not so bad, 64 livermore, 68, sunnyvale, 53, san francisco, holding on a number, still close to 70 degrees in the south bay, near record setting highs for some of us down there so a stark contrast from what we will be dealing with for tomorrow. we are going to see rain ramp up the most here for tomorrow morning, winds once again could done 30 miles per hour, throughout tuesday, evening hours, we will see showers lingering around, so going to be a quick blast, over a 12-hour period, low pressure, tapping into moist churk the problem with this system, every other storm has a caveat, off toward the east, give us a great amount of snow across the sierra, move down the california coastline, will give us decent rainfall total, not as heavy as we would typically see with a storm like this we head through tonight, we will find our first areas of measurable rainfall, 11 p.m., north bay, pen anyone sul lark the heaviest pockets of rain right now, about 4 a.m. for the peninsula, north bind down for the south bay until about 6 a.m. for tomorrow and then as we head through about 7, 8, 9:00 in the morning, early afternoon, is a tort clear out, isolated showers by the afternoon, by 8 p.m. tomorrow, we are mainly dry. so, for all of you commuters, it is a morning convenient for us here, the heaviest rain and the strongest win wind. could see an inch here in san francisco and close to an inch in san jose, lesser amounts in the east bay, anywhere from a quarter to a half inch at this point. not looking at any widespread flooding, the wind ramping up, power outages are possible here, we head to the overnight hours, of course, monitoring this at the nbc bay area news deck. 46, santa rosa, 51, fremont, 49, los gatos, the cloud cover helping to moderate our numbers. for tomorrow instead of nearly 70 degrees in the south bay, that's it. only 50s near san jose, los gatos, sunny veil, milpitas, 56, dublin, 55, danville, 56, walnut creek. the north bay, windy, temperatures mid to upper 50s, 53, half moon bay, 55, pacifica. some a rain day, mainly in the morning, they head throughout the day, a stray morning shower here, drying, also continued sunshine into thursday. the rest of your forecast, the rain, unfortunately, not at this point, as you can see right into the weekend, temperatures mild again, they increase about another ten degrees and by next monday, we may have some showers north but that's it right now. so, for tomorrow morning get ready, a wide awakening for a lot of you but over as quick as it begins for many of us. >> okay. >> thank you. >> welcome. well, it is not your imagination. coming up, the dubious distinction for a bay area city when it comes to parking. the softer side of a popular children's toy but not everyone isit. it. why some groups are accusing legos of being sexist. ♪ [ male announcer ] no one just hands you the title, most advanced technology in its class. it needs to be earned. earned with smartbeam head lamps. earned with vented temperature control seats. earned with an 8.4-inch touch screen. and if you're driving one, you know what it means to earn something. ♪ pay to park, if you don't, the fines can be steep. and a new survey shows san francisco is home to the priciest penalties in the country. the fines are most costly in downtown san francisco and new york city, topping out at $65. oakland parking fines can reach as much as $58, while san jose penalties come in at 35 bucks. ♪ don't you bring me down today ♪ ♪ no matter what we do >> "glee" meets "the west wing." "smash" the musical drama about the making of a broadway show starts tonight. it offers a broadway setting and everything that goes with it. it is that insider perspective that is drawing comparisons to the way the west wing gave insight into white house politics. "smash" airs tonight at 10:00 following a two-hour edition of "the voice". a new kind of leg goals is on toy shelves what is building is controversy. lego friends aimed at girls. the company spent four years and millions of dollars analyzing boys and girls play habits. girls role play more than girls so they went and wanted figures which look more like them. they also like beauty and more detail. so legos designers responded with new products and more come but some activists are seeing only red. they have launched an online petition claiming lego friends promote stereotypes and want an end to gender-based market >> well, a different kind of ring to last night's super bowl celebration. we will explain next. okay, we have done all kinds of wedding proposals in the past, but this is a first, popping yet in the super bowl. one of the players did it new york giants linebacker, greg jones, the pictures to prove it, had a wedding ring hiding on the sidelines, so right after beating the patriots, jones, look at him, got down on one knee with the entire country watching, and proposed to h girlfriend. she burst into tears and said -- >> yes! >> yes. had theiants lost the game, jones said we have picked another time to pop the question. >> i was feeling like it was toward me. i was like, yes, yes, i do. yes! that's so romantic. >> very nice. okay, we head into our stormy morning, what are we having? >> wind, 15 to 30 miles per hour, also some rainfall for us could see a half inch to one inch here across the bay area and then going to be a quick blast of this. by wednesday and thursday, we dry out and temperatures start to warm up. so tomorrow, you need the jacket, you need the umbrella and you need those patience as you head out on the roads. it is going to be probably quite a mess. >> drive carefully. slow down. >> where did he hide the wedding ring, you think? >> probably his agent put it in his pocket or something, right? >> thanks for joining us. nightly news is next. >> we will see you at 6:00. ♪ [ male announcer ] for our families... our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller portion sizes and more low- & no-calorie beverages... adding clear calorie labels so you know exactly what you're choosing... and in schools, replacing full-calorie soft drinks with lower-calorie options. with more choices and fewer calories, america's beverage companies are delivering.