The man accused of kidnapping and killing sierra lamar was in court again. She disapared on her way to zool. Her body was never found. Torres was charged in this case more than two years ago after police established a dna link to lamar. But a series of delays have kept the court from setting a trial date, frustrating the volunteers who continue to search for sierra. I am so disappointed. Because its going to go on possibly for another year. I mean, this is just ridiculous. Today both sides agreed to meet in september to select a start date for the trial. A new trial is under way in the oscar grant case. We are are live at the federal courthouse in San Francisco with what grants father says really happened that night. Reporter well, other players in the case were able to settle this case outside the courtroom, but not this one. A source tells me that b. A. R. T. Feels that the father is not entitled to the money hes asking for so that tragic night has to be retold and are relived for a different jury. Former b. A. R. T. Police officer yoe hans mehserle was back in court for a civil trial. A jury has convicted him of Involuntary Manslaughter of oscar grant. Now grants father, oscar grant jr. , who is serving time for murder, says his civil rights were violated when mehserle killed his son. Hes a parent. He lost his son. Under the 14th amendment he has a right to collect damages for someone depriving him of a familial relationship. Reporter the attorney played the infamous cell phone video for the jury that captured the younger grants killing on a b. A. R. T. Platform. Mccoy questioned mehserle in depth about his training and whether it was adequate. Mehserles defense in the criminal trial was he reach ford his gun instead of his taser on accident. Attorneys for grants father says their civil case will again focus on disproving that defense. He drew his firearm because he thut mistakenly thought that oscar grant had a gun. You dont go and bring a taser out to try to defend yourself when youre presented with a gun. So that shows he intended to kill him. Reporter the trial continues on friday morning. Mehserles attorney will argue that the father is not entitled to the money because he had no relationship with his son. Live in San Francisco, nanette miranda, nbc bay area news. Were getting the first look at the teenager accused of killing a student and wounding a teacher at an oregon high school. Police revealed today that 15 year oefld jarrett bathette had an assault rifle, handgun and several magazines of ammunition. An autopsy showed he shot and killed himself after opening fire just outside of portland at the high school. The Police Believe the victims were chosen at random, no motive. This afternoon, congressman eric cantor says he will serve out his term but will resign from his leadership post this summer. Effective july 31st, i be stepping down asma jort leader. It is with great humility i do so, knowing the tremendous honor it has been to hold this position. Cantor lost his seat in the virginia primary to tea party new bee david brat. Brat is a College Professor and ran his campaign on a shoe string budget. Both democrats and republicans are shocked. As for who will take over for cantor, gop whip Kevin Mccarthy of california may run. Cantor says he backs him completely. Ed its one of the most popular chinese are restaurants in the country, but tonight p. F. Changs warning its customers a possible Security Breach involving thousands of credit cards. Its believed the data was taken from restaurant locations across the country between march and may 19th. This it came to light when cards started popping up on the same black market site that attempted to sell millions of stolen target cards just last year. P. F. Changs releasing this statement, we take this matter very seriously and currently are investigating the situation working with authorities to learn more. Just in to the newsroom, city college of San Francisco will stay open. The school is expected to keep its accreditation, good news for near 80,000 students who go there. The Community College received a negative evaluation in 2012 and since then theres been a long legal battle over deadlines to fix the problems. Now new rules proposed by the Education Commission will give city college more time to comply with accreditation standards. The show is over. The curtain has been drawn on san jose represent atory theater. After 34 years, theyre filing for bankruptcy. Marian Marianne Favro joins us. A loss for the entire bay area theater community. Reporter it certainly is, raj. This was one of the major Theater Companies throughout the south bay, and now that its closed, Ticket Holders are going to have to get in line with the other creditors during bankruptcy proceedings to try to get their money back. One of those creditors is the city of san jose who gave the rep a 2 million line of credit. A theater Spokesman Says years of financial troubles, coupled with the recession forced the rep to close. Theatergoers are shocked. Ive been there several times, and its always been a i mean, an enjoyable experience. I just found out it closed, and im in awe because as a student, it served a great introduction to the arts. Reporter 51 theater employees have lost their jobs. Nearby Business Owners are also concerned that without a steady stream of theatergoers they will lose money. San jose owns the building that you see here behind me, and the city says they do plan to keep this as some kind of performing arts venue in the future. Reporting live in san jose. The city of san jose is taking on its pot clubs. Im scott budman. Coming up, the decision that has medical marijuana dispensaries scrambling. Plus, her family fought back and won. T the. Also we come here looking for it a better life, and its not easy. He came to california with nothing, but today he has more than enough to go around. How this bay area gardener is helping others pursue the american dream. Good afternoon, im jeff ranieri. The fog is kicking up windy conditions, gusting 20 miles an hour in dublin. Well track the fog and let you know about cooler temperatures for tomorrow coming up. Then at 6 00, a mission to save traditional marriage. San Francisco Mayor ed lee is trying to stop it. Marriage is only tweb a man and woman. The controversial trip the mayor is asking the archbishop not to take, new at 6 00. The old century 21 it dome theater might be saved from the wrecking ball. The san jose landmark is now officially a historic building. The city Council Voted in favor of making that designation last night. But the 50yearold building isnt completely safe from being demolished. Developers now have to jump through new hoops if they want to tear it down. The theater has been closed since march. The pot clubs are fighting back. The San Jose City council also approved new zoning rules that would essentially put the majority of pot clubs in san jose out of business. Our business and tech reporter scott budman joins us from city hall. Scott, this impacts a lot of people and a lot of money. Reporter yeah, it really does, raj. Theres a lot of money on the line here. We know that medical marijuana is big business here in san jose, but is it a business operating illegally . The city says yes. The clubs say theyre providing a service that maybkes money. Its a sticky situation for san jose pot clubs, after the City Council Approved new regulations that would force many clubs to move to industrial areas, not to mention cut back on hours of operation and grow all of their marijuana nearby. I think overall the biggest problem is its a very burdensome, overregulatory system that wont make it that nobody will be able to operate them. Reporter city Officials Say that all medical marijuana facilities operating in san jose are currently illegal, but theyve been able to operate because of cuts in law enforcement. Were going to be packing the herb thats going to be in there. Reporter the clubs themselves counter that it they havent harmed anyone and have actually become a steady source of revenue for the city. Its fully arbitrary for them to feel that they should close things down, concerning the amount of taxes that theyre getting from all the collectors. I mean, all the were all helping pitching in, were all here for the community. Reporter a Community Still not sure where or even if it want s disryepensaries around, as medical marijuana becomes big business. The clubs themselves tell us they would eventually like to take that issue to the voters. That probably wont happen until next year at the earliest. At 6 00, what a customer has to 0 say about last nights ruling. Reporting live in san jose, scott budman, nbc bay area news. No bail today for accused chinatown gang leader raymond chow. A spral judge refused to release chow on bail. Hell remain in custody linked to the case of leland yee. Hes accused of Money Laundering and plotting to steal stolen goods. He has a lengthy criminal histo history, but has proclaim eds reformed. Hes being punished as if hes the same shrimp boy that existed 15 years ago, and he is a different personality entirely. Sara insists the judges decision was based on unsubstantiated claims and that he will appeal. Jahi macmath will receive an Honorary Degree this friday. Her family wanted her school in oakland to recognize her at graduation. The School Administrators at e. C. Reams academy refused. The family vented on twitter so the school reversed its decision today. Doctors declared the eighth grader legally and clinically dead six months ago. It happens after she had complications following convict sill surgery. Her family fought Childrens Hospital to keep her on life support and have since moved her to an undisclosed private facility where they say she is recovering. He came to this country with just the clothes on his back. But tonight a bay area gardener is helping students. Hes gone from nothing to giving thousands of dollars to xol 0 arships to financially disadvantaged students. Damon trujillo joins us from san jose state. Reporter were talking about 1500 for every student this year, raj. Thats this mans gift along with the gift of the Bay Area Gardeners Foundation. 20 lucky students will get that cash this year, students who have few other options to pay for college. The lawns are always green if he put his hands on them, a him bl man who employs four workers, a man who came to this country 50 years ago with only 6 in his pocket. I didnt know the language. It was like somebody throwed you into something different. You had your doubts and at the same time hopes. Reporter his hope was to put his kids through school by gardening. Hes done that and now he is helping pay for the schooling of other students. This is one of them getting a 1,500 check and heading to uc davis. Its not just money. Its about what other people think about you. Because if you can see that they believe in you and they trust in what you are doing, then you can feel like kind of enforced to to better. Reporter the bay area garden Pers Foundation in the last eight years has already awarded almost 250,000 in scholarships, all raised through donations. I can see the need that they have, and i can tell you that im going to keep doing it until the last day of my life. Reporter the Bay Area Gardeners Foundation will have their annual banquet on june 28th. By the way, what did he do with those 6 in his pocket . He says he bought corn flakes because he wanted to see what they tasted like. Done a lot of good. Thanks so much, daixian. A very different kind of fishing trip near gilroy today. No fishing poles, hooks or bait. Nets and buckets were the preferred method for catching juvenile steelhead trout. Work hers led this rescue roundup because of the trout. Stream levels are so low the fish cant migrate to the ocean. And driving them to the ocean is no good because the fish wouldnt lernl the route and couldnt find their way back. So workers today moved the fish further inland where there is more water. There they can safely waitnd migrate next spring when hopefully theres enough water from the winter rain. They are doing good work. They are. Are we bringing in jeff . Im so excite birthday td ab cooldown. Tomorrow 0 is going to be even cooler. I cant wait to see what youre like on thursday, janelle. A lot of marine layer and fog brought us cooler temperatures, extensive stretching out hundreds of miles. Again, numbers not only cool today but as we head throughout tomorrow we could see an additional cooling of three to five degrees. You can see right now temperatures already averaging in the north bay in the 60s, remarkable considering where we were on monday. Also 63 in San Francisco with the fog staying put. The biggest problem we have is in the east bay with the colder temperatures at the coast and some slightly warmer air throughout the east bay and 76, its setting up a wind gradient so its breezy across the east bay and trivalley hills, winds at 15, gusting in the 20s. The best weather in the south bay, brilliant blue skies, currently 74 degrees. Lets look at the weather pattern. We have had a cooldown coming our way, all indvance of this storm system thats move 0ing into the pacific northwest. Even going to bring parts of washington and oregon some rainfall. Now, that storm system is way too far to the north to bring us any kind of rain, but the storm track is going to be moving right across northern california, which will keep that cooler, foggy, wind in place at least for tomorrow. So two consecutive days of that, we are again going to see temperatures drop throughout thursday. Lets look and see how fogged in were going to be. On the futurecast, 7 00 a. M. , thick clouds at the coastline, low clouds from marin, napa, soma counties, alameda and contra costa, little cloud cover toward san jose. Then 10 00 a. M. , most of that should push back to the immediate coastline, thats going to leave us with sunny skies as we head throughout thursday afternoon. So we really get the benefit of both things. We get that cooler breeze, but wre also get sunny skies. Again as we head through 2 00, 3 00, 4 00. Lets look at the temperature range. You can see its not going to get too hot tomorrow, the trivalley topping out as some of the hottest weather around 78 degrees. If youre headed to the coastline, just 62. Make sure to have the light jacket in the car if youre headed from the trivalley anywhere toward the peninsula or coastline. Well get you to the microclimate forecast, throughout thursday numbers going down by about three to five degrees from today, 73 degrees in san jose. We triplechecked those numbers again today. Quite a departure from monday. Peninsula, 70 our forecast there, all the way up to 74 in palo alto, San Francisco along the embarcadero just 59 degrees, as we head throughout thursday. Lets take you to the north bay, east bay and trivalley, some of the warmest in napa, 78, east bay, 67 in oakland, walnut creek, 75, close to 80 degrees expected in pleasanton. As we look at the fiveday trend, tomorrow is the coolest day of the next five, then as we head throughout friday, saturday and sunday, little bit of a warmup throughout san jose. Well also see a warmup in San Francisco. So you may be wondering, what about fathers day weekend if youre heading to the car show in yountville . Weve got awesome weather, 86 and sunny skies. May be able to check out cool rides with dad this sunday. Yes, happy fathers day to our dads. Still ahead, drivers beware, a new warning about the air bags installed in certain acarrs. Also a Search Engine searching for a cause. How google is helping kids with autism and their families. In the hotd seat, defense secretary chuck hagel faced a grilling on capitol hill over the Bowe Bergdahl prisoner exchange. He defended the obama administrati administration secret decision to swap five prisoners for Sergeant Bergdahl who was held in afghanistan for five years. Lawmakers on both sides of the aisle were upset they didnt get the required 30 day notice about the deal. Secretary hagel said there wasnt time but acknowledged trust has been broken. You can question our judgment on it. Thats fair. But we did this because we were concerned enough with the fleeting opportunity we might miss it. As a result, weve made americans less safe here and all around the world. And were going to pay for this. Meantime, the Washington Post has obtained a journal written by bergdahl in 2006. It reveals a fragile young man who seemed to be in a dark place. Bergdahl walked away from his afghan base in 2009. South bay sveterans dont need to carry documents proving they served in the military. Tomorrow they can just get an i. D. Card for free proving they served. Its santa clara countys way to make sure its heroes are easily recognized when seeking health and government services. They can use the cards to get discounts at participate gt businesses also. Another goal is to reach out to veterans not aware of the services we provide. This will enable us to help more veterans we dont normally provide to. About 25 other counties in the state are already using this i. D. Card system. Faulty air bags are the target of a new federal probe. The investigation covers more than 1 million vehicles. According to the national highway Traffic Safety administration, the probe started after the agency received six reports of air bags rupturing. Car Companies Reported it was like shrapnel blowing onto drivers and passengers. Three people were hurt. The vehicles were made by these five automakers, the models are from 2002 to 2006. Google is stepping into the autism spectrum. Soon google cloud will store 10,000 dna samples from people with autism and their families. Its a new collaboration between google and the Advocacy Group autism speaks. We are going to open up the ability for researchers from all over the world to come in and actually use google tools in googles cloud to work on projects related to autism with this data. A former executive would be wright here at nbc. The new collaboration will make it easier for researchers to access this information and should yield results within two years. A High School Graduate unlike all the others, trust me. Thats next. Well be back with you in about a half hour. Heres what were working on for our 6 00 newscast. The high tech buses are almost everywhere, especially on 101. Googing elle, yahoo general even tech, a lot of them claiming to help the environment. But do they actually help . Well take a look 0 at 6 00 on our reality check. In sacramento, an unusual High School Graduate gets his diploma in an equally unusual ceremony. The student in the cap and gown 0 is just 10 years old and he graduated from high school. His local state senator arranged a state resolution to mark his extraordinary achievement of finishing high school. President obama even sent him a letter. At that near abe ra ream is so advanced he chose 0 to be home 0schooled, but he really wanted that cap and gown ceremony. Naturally, ta neesh gave the valedictorian speech. He hopes to attend uc davis medical school. His goal . Find a cure for cancer. Wow. Thats it . Thats all he wants to do . And hell mraprobable loy do. Jeff, were inching toward fathers day weekend. Its going to be looking pretty good. Looking outside 0, we have the fashion right kn fog right now, keeping temperatures down. As we look at the weather graphics, the other good thing about the fog is it will lower the pollen forecast. Low to moderate levels. You can see in the extended fiveday forecast, temperatures in the low 70s in san jose, hotter by the upcoming weekend but no 100s. Thanks for joining us here at 5 00. Brian williams is next with nightly news 0. 5 history. The House Majority leader goes down. Tonight, the fallout, the future, and the scramble for power. Out of control, what just happened in iraq after so Many Americans fought and u. S. Forces left, now in a violent new wave major cities are falling to insurgents. Where were you 20 years ago this week . Tonight oj simpson, the bronco chase and the sensational murder case that had millions of people glued to their televisions. And kicking and screaming, and thats just the start of it as the world cup gets under way. Nightly news begins now. From nbc news World Headquarters in new york, this is nbc nightly news with brian williams