That Michael Mayes will indeed attend sergeant smiths funeral, along with the rest of the b. A. R. T. Police department. Now, tonight at 6 00 well hear from somebody who knows all too well what mayes is going through. Hes been talking to other officers involved in friendly fire situations and also with johannes mehserle. Well have that part of the story tonight at 6 00. Now to a developing story, a College Student accused of having a weapons of mass destruction. His arrest happened in pennsylvania but the student grew up here in the area. His family lives in san carlos. Kimberly tere is live in belmont with the latest for us. Kimberly. Reporter the 19yearold graduated from Carlmont High School last year and students tell us today the school was abuzz with talk about the circumstances surrounding the arrest. On friday, police in altoona, pennsylvania, began searching his apartment. They were looking for a marijuana grow operation, but say they found something far more dangerous. Officers came across a briefcase, and within that briefcase there were a number of bombmaking materials and two bomb devices, one being small and the other one being much larger. Reporter police say the penn state engineering student admitted the drugs and bomb materials were his, telling them he bought some of the materials from amazon. He indicated they were for blowing things up. What he intended to blow up, he really hasnt elaborated on. Reporter according to a criminal complaint, he told police he only intended to set the devices off in a remote field like he had done in california. His family, who lives in san carlos, has not commented on the case, but a woman identifying herself as his mother told us shes heading to pennsylvania to be with her son. My heart goes out to his family. It must be really hard to hear that. I hope they get to talk with him and clear things up, because im sure theres like his side of the story. Reporter the 19yearold graduated from Carlmont High School last june and students say they were shocked to hear about the arrest. The students we spoke with say they dont think he had any malicious intent, saying they think he was just experimenting. Yeah, he seems like a kid that would have like odd hobbies like that, but he wouldnt like i dont think he would hurt anybody. Reporter Officials Say more charges could be coming with several federal agencies now reviewing the case. He is being held on a half Million Dollar bail. His preliminary hearing is scheduled so far for february 5th. Live in bellmont, kimberly tere, nbc bay area news. A community is coming together. The Memorial Fund for a San Jose High School student killed by a light rail train has surpassed its goal. Dozens of people joined the funeral procession today as 14yearold Danica Garcia was laid to rest. The Funeral Services have been paid for by an Online Fundraising website. Friends of hers launched the drive with a goal of 10,000. Today that online fund exceeded 11,000. Danica garcia was riding her bike to high school when a vta train struck and killed her on the morning of january 17th. Carsharing service uber is in hot water again. A San Francisco attorney filed a wrongful death lawsuit claiming that uber and one of its drivers are to blame for a new years eve crash that killed a child crossing the street. Jean ellie is live in San Francisco. At this point uber says it is not liable because the driver did not have a passenger at the time of the crash. Reporter thats what uber says, janelle, but this lawsuit says that driver was working. He was looking for a passenger at the time of the collision. This lawsuit says the driver and uber are both responsible for 6yearold sophia lus death. This lawsuit also takes direct aim at the uber app itself. 6yearold lu was hit and killed in a crosswalk on new years eve. Her mother and brother were also hit and injured. The driver was working for uber that night but uber says he did not have a passenger in the car so its not responsible. But attorneys for the lu family say that he was working, that he was looking at his phone searching for a customer when he hit the lu family. The lawsuit also says the Smartphone App uber drivers use to connect with riders violates state distracted driving laws. The app itself is being challenged as being dangerous. Because of the fact that it has to be visually located for the driver to see where the passenger is, and they must tap on that within several seconds in order to get the ride. Reporter attorney chris dolan also claims uber set up a Shell Company two days after the deadly accident, filing a certificate of Liability Insurance with the California PublicUtilities Commission to operate a Ride Share Company called razor llc. Dolan believes when uber faces liability issues, it will hide behind this company. Uber is not responding to these allegations, instead referring us to its original statement about the deadly new years eve accident, where it expresses condolences to the lu family. Says the driver was not working and it has deactivated that mans account. The driver is out on bail. The District Attorneys Office tells me its still investigating along with the police department, still investigating that plicollisiond as for this lawsuit, theres a conference scheduled for march. A very interesting case, thank you. Now to a followup, police have more information that help i. D. A man who exposed himself to a group of cheerleaders inside of a south San Francisco school. Tonight investigators have released this sketch. The suspect is a white male about 45 to 50 years old, about six feet tall with balding short hair and a large pot belly. Police say he exposed himself to five girls who were changing inside of the locker room after cheerleading practice at south San Francisco high two weeks ago. Evacuations and tense moments after what may have been an attempted arson in San Franciscos Pacific Heights neighborhood today. The bomb squad and hazmat team were first called to scott and sacramento streets around 10 30 this morning. The area was evacuated for three hours while police examined a container left inside of a portapotty. The suspicion item was a container of flammable liquid. They managed to remove it without any issue. The olympics begin in just over a week and today the mayor of sochi says there are no gay people in sochi. He also said homosexuality is not accepted there. But also today the mayor of sochis Olympic Village said there will be no discrimination against gays, as thats what the olympic charter calls for. Shes a former russian speed skater serving as mayor of the Olympic Village. The russians will pretend to be tolerant. Her views are widely supported in russia. Security in sochi is still a concern as the excitement of the games continues to grow. This is olympic park and the security plans in place are the highest possible and the country is preparing for the worst. But experts say the likelihood of a terrorist attack in olympic park is low. Its the whole worlds security games. The u. S. Is involved in making sure our athletes are secure. Its something that belongs to the world and they have been working on this for seven years. The u. S. Has a plan to evacuate american athletes in case of an attack. Fbi agents are already on the ground in sochi. We continue our coverage of the Olympic Games on our website. All you need to know is all on our sochi page. You can also get updates by signing up for our olympic news letter on nbc bay area. Com. Coming up next at 5 00, a new Earnings Report takes a bite out of apple. How the Cupertino Company lost money despite selling 50 million iphones during the holiday season. Im scott budman. Its the latest target of hackers. Why our apps may be leaking personal information. Im Marianne Favro live at lexington reservoir, which is very low. Ill find out how much south bay water users will be asked to cut back. And good evening, im jeff ranieri. We are tracking rainfall offshore, something we havent seen in quite some time. Well let you know of when our best chance of getting raindrops is coming up. And then at 6 00, two gropers on campus an students are on heightened alert. Thinking about buying a taser. Get a look at what san jose state is doing to keep everyone safe. We dont want them waiting around in the dark. Thats new at 6 00. Your favorite app on your phone is doing late more than you think, and you might not like it. Facebook, rock band, angry birds are a way for spies and hackers to target your information. Our business and tech reporter scott budman joins us with the latest leaks from form n sflt a contractor, edward snow dden. Weve talked about how our mobile devices are the latest target for hackers but a warning about the apps we use and how they give criminals a way to virtually walk into our lives. Reporter our smoeartphones have become our computers. We shop with them, communicate with them and store data on them. But we dont protect our phones like computers. I dont have any security software. Im relying on motorola, androids, you know, their security. Reporter that makes us and our personal data vulnerable and, according to the latest Edward Snowden bombshell, apps we play, like rock band, are the latest hacker targets because we play them for a long time, giving hackers access to the data inside our phones. Your smartphone has the same if not more personal information than on your pc. Its always with you and youre always connected. Reporter apps are easy to download and easy to use. But without proper security, theyre also, apparently, easy to target. Its just like a credit score. You have to take the necessary precautions to make sure that your personal information doesnt get into the wrong hands, whether its your phone or pc. Now, the nsa says it is not focusing on mobile apps or social networks. If youre worried about the apps on your phone, check for permissions. That is what the app allows, if it allows for data and contact collection, you may want to think twice about downloading that app. In other business news, its always a big event in the bay area, apples earning report. And the Cupertino Company had a merry christmas. It sold 50 million iphones and 26 million ipads over the past three months. A solid holiday season. But those numbers werent enough to impress investors. Apple down about 8 in after hours trading. More fallout today in the shutdown of a wellknown black market website. Federal agents have arrested the c eft ceo of a company which promotes the use of bitcoin. Hes charged with conspiracy to permit money laundering. He claimed he sold more than a billion dollars of bitcoins to the owners of silk road. Last year federal agents shut down silk road and that website and arrested the websites administrator at a Public Library here in San Francisco. President obama will make his state of the Union Address tomorrow night and hes expected to outline plans to address job training and retirement security. But republicans are urging people not to watch. The president posted a promo on buying, urging americans to tune into his speech. The gop claims hell say nothing new and is airing a tv ad asking why watch a rerun. I at least wanting the American People to understand that while this president enjoys giving speeches, he doesnt enjoy following through on his promises. The white house says the president will address closing the economic gap between the middle gap and the rich. Also on tomorrows agenda, immigration reform. And stay with nbc bay area for complete coverage of the president s state of the union. Our coverage starts at 6 00 p. M. Tomorrow night with brian williams. We will also be streaming the state of the union online at nbcbayar nbcbayarea. Com. First the governor and now santa clara county. The county is requesting all rez doen residents to cut back on water usage. We begin with Marianne Favro at the lexington reservoir in the south bay. Right behind you, you would be standing in water if it was a normal year, correct . Reporter well, pretty close. Id be a little above the water but i can tell you that lexington reservoir is only at 30 . To give you some perspective, this time last year the reservoir was 65 full. Because of our dwindling water supply, tomorrow the Santa Clara ValleyWater District is expected to ask us to reduce our water use by at least 10 . Bone dry. All maden reservoir is the lowest of the reservoirs in santa clara county, less than 3 of capacity. A parched reminder of our dwinl dwindling water supply, which is why tomorrow the water board is expected to approve a new water use reduction goal for the 1. 8 Million People in the south bay it provides water to. It points to asking for a 10 water supply reduction at this time and then as the winter progresses, we would come back to them and give them a more fuller picture of what happens in february and march and with the snow back to see if things have changed. Reporter cutting back 10 means using 20 gallons less each day. District leaders say you can achieve that by simply cutting your shower short by five minutes. Gin f Jennifer Logan is thinking about how to cut back. Watering the lawn, being more careful during the day. Turning off the water when i can in terms of showering or, you know, using water in the sink and so forth and washing dishes. Reporter marty grimes with the Water District has other suggestions. Fixing leaks in the house, changing showerheads to low flow showerheads if you havent done that. So really some pretty easy changes can help us reach those targets. Reporter last year was our driest year on record since 1874, and since were still not getting much rain, water experts say its critical we immediately start sending less water down the drain. The district action tomorrow is a voluntary request to save water. The district does not have the authority to issue mandatory water rationing. Now, i can tell you the governor has already asked everyone in the state to reduce their water use by 20 , so the big question now is why is the santa clara Water District only looking at asking us to reduce our water use by 10 . And were going to get to the bottom of that question coming up at 6 00 tonight. Reporting live at lexington reservoir, Marianne Favro, nbc bay area news. All right, thank you. Actually today it actually felt a little bit like winter. You had to bring out your jacket, right . Heres jeff ranieri with your microclimate forecast. Yeah, it was mild out there. Finally some widespread cloud cover and cooler temperatures, starting to feel a little bit like winter and thats a sign of those larger changes coming our way. Take a look at this, this huge stream of moisture currently pushing into washington, oregon, also northern california. Thats on the way for us. As we zoom in and get a closer look at our radar that currently scans around, were not finding anything in terms of raindrops but thats going to be changing as we head throughout the next 48 hours. Well have more coming up in a minute and a half. But lets take you to that sky camera network. Cloud cover increasing today was certainly the biggest change weve had in six weeks across the bay. Weve been locked in that sunny pattern. Right now 55 in the north bay. Youll get the showers first here on the grids. For the east bay, seven mile and less visibility and very overcast across the south bay. In San Francisco right now, its not only the clouds youre dealing with but also areas of fog. This will likely be the cloudiest spot here the next 24 hours. Also some of the coolest weather there as well. Lets take you to the pattern, High Pressure has been locked here not for days but again for about four to six weeks across the bay. Sitting across a lot of the west. That is now going to finally start to kick off toward the east and with that we do think this cold front later on this week will sweep across the bay and eventually bring us some muchneeded rain. Theres some moisture with this. The bulk of it will head off to the north but well still get a slice of this to come our way. Tomorrow morning well find some rainfall off to the north. We cant rule out a stray isolated shower up in the north bay, but tuesday is not our storm day. Not even here as we head throughout wednesday morning. Well see the cloud cover with this. Maybe a stray chance of an isolated shower up in the north bay but as we advance this into wednesday night, also early thursday morning, thats when well start to see the biggest area of rain swing down here from santa rosa down to San Francisco. And then it will push southward to san jose as we head throughout thursday morning. Overall rainfall totals, yes, i would love to see this even higher but right now this is the best we have had here since december the 6th and also 7th. Right now early indications do show up into the north bay well see a tenth. Back here a little less. 0. 13. Lets take you to that microclimate forecast for tomorrow. It will stay cloudy, also cooler. 65 in san jose, 64 in palo alto. Low 60s throughout San Francisco and well get a look at the north bay, east bay and trivalley. The temperatures also primarily in the 60s. Napa 63, hayward 62 and also for the trivalley, 65 expected in pleasanton. I do want to end up on this california drought. I got to experience it myself this past weekend. Went up to lake oroville. Normally that water is up to about here so this is another reservoir that is 36 of average. As we continue to struggle with this drought. So this storm this week not going to really do anything to help us out with this, just going to be a small bandaid in the interim. Were hoping for a lot more storm systems. Coming up next, investigators say they have solved san joses fourth homicide of the year. Now a set of twins are behind bars. Why police think they stabbed a College Student to death. And game over. A Bay Area Sports Team is calling it quits. Back in a moment. Twin brothers are behind bars tonight in connection with the deadly stabbing of a san jose state student. It happened early sunday morning. Police say 18yearold anh and duc tong attacked a man. It is not sure if theyre accused of the same role in the killing. Witnesses told police they werent sure which twin carried out the stabbing. Police did say that both are facing homicide charges. Investigators believe fan may have been trying to break up a fight when he was killed. He was 22 years old. Morgan hill police are looking for someone who shot at officers with a pellet gun. It happened last tuesday evening. Police were looking for a missing person and someone shot a pellet gun at them from the backyard of a house. If you have any information, call morgan hill police. An uncertain future for a south Bay University facing financial problems. The National Hispanic university is no longer accepting applications for new students. The private university in East San Jose offers online and campusbased undergraduate, graduate and certificate programs. It opened back in 1981. Four years ago, it was purchased by the private College Chain laureate education, which announced plans to introduce internet only classes for up to 8,000 students. The university will now focus on serving the 600 students currently enrolled. More plans will be announced in the next two months. Baseball season is right around the corner and the giants need some help. Theyre asking fans to be in their new tv commercial. Weve got the details next. Well, the San Francisco bulls have officially folded. The Minor League Hockey team has been playing at the cow palace for the last couple of seasons. The bulls are affiliated with the san jose sharks. The team issued a notice to all of the season Ticket Holders saying they couldnt finalize a deal with a new owner. Okay, giants fans, if you want to be in a commercial, nows your chance. The team is looking for extras to be in a series of commercials to be filmed at at t park this week, between wednesday and friday. Space is limited to the first 1200 people each day. And you must register first. Forms will be Available Online tomorrow morning and the only other thing you need to do is wear your giants gear, bring signs and prepare for a pretty long day. Shooting is expected to go from 8 00 a. M. To 5 30 p. M. Each day. Call in sick to work maybe. Well be back in 30 minutes for our 6 00 newscast. New at 6 00 well tell you the moves San Jose Police are making to help keep students safer. And forget the room key, a Silicon Valley hotel is throwing theirs away. How your smartphone will replace that room key. Thanks for joining us. Nightly news is next. In the meantime find us online at nbc bay area. Com and on facebook and twitter. See you at 6 00. On our broadcast tonight, taking a dive. While records continue to fall up north tonight, in the deep south theyre preparing for a major winter event. For some cities, the worst in a generation. Dangerous journey in one of the most volatile places on the planet. A big olympic target makes its way through the center of all those threats tohe games. An nbc exclusive tonight. New secret documents from Edward Snowden, revealing how spies can snoop onsites like youtube and facebook without permission. Tonight, governments are trying to predict the future. And cold weather, the largest gathering of its kind in the world. Nightly news begins now