There was a shooting death inside kevins house. The District Attorney studied this case equally. Personally at length. And he had all the evidence that was available at the time. And he chose. And i think it was a very intelligent and humane choice to pass. Youre looking at crime scene video from monday afternoon. The man who was killed is marcus polk, a registered sex offender with a criminal past. His son talked with us about his father. He said that he made jokes at other peoples expense. There was never any hostility, he also told us that he told the uncomfortable truth. He went on to say that he was not there at the time of the shooting. There was insufficient evidence to charge in this indication, but the case remains under investigation. That means that epps is not out of the clear. His attorney thinks he will not be charged. Reporting live in San Francisco, cheryl hurd, nbc bay area news. Thank you. Epps was released from jail last night, he posted video of it on instagram. Good to see you back, man. Heres some of that video, well have much more from eppst and this case tonight on our 11 00 newscast. Was he intent on killing Police Officers or was he a suicidal father . A bay area mother is talking about what happened the night her son pulled a gun on two vallejo Police Officers. It happened last week outside of starbucks. Police officers are chasing that individual. Jodi hernandez is live at that starbucks. The mans mother says he wasnt out to hurt the officers, at least thats what she believes. Thats what she said, the only person that he wanted to hurt when he entered the starbucks last week was himself. Adam powells mother spoke exclusively with us this afternoon. She updated us on her grandsons condition and expressed her absolute anguish at not being allowed to visit her critically wounded son. The whole worlds needs to understand, he loves his two children. And this little boy very much. This woman insists her son is nothing more than a devastated father who couldnt bear to live after his son got ahold of his gun last week and shot himself in the neck. She says powell had left his gun on the bed while he went to the bathroom and didnt realize his son had come upstairs. He thinks the little boy is actually dead. Hes thinking, hes going to kill himself. Adam powell came into this vallejo starbucks armed with an Assault Rifle and a 70 round magazine. And pointed the gun at two officers on a coffee break. We presume this was a premeditated ambush on our officers. The gun had the firing pin or something removed, so he knew it didnt work. When he pulled this gun on the policeman he was trying to get them to shoot minimum him. Twoyearold adonis is in stable condition now, but still unable to walk or talk. Were doing mris and everything they can. Adam powell had been in Critical Condition with the bullet lodged near his spine. Nobodys been allowed to see him or been updated on his condition. She doesnt even know if powell knows his son survived. He cant have visitors, because the hospital is not considered a secure location. Powell would have to consent for medical information to be released. His mother believes he is still unconscious. Jodi, thank you. Four years after her disappearance. Its a crucial piece of evidence being used by the defense. It stems from something that was written in lamars personal notebook. Part of documents that were reveal revealed. The teenager planned on running away on the exact date she went missing. The defense is going to point to the statements she made, as well as the friends statements that she was ready to run away. A prosecutor argues the notebook was taken from sierra lamars lockerbie another student. That note is not in her handwriting. Doesnt look like it now, but another round of rain is headed right toward the bay area. Want to take you outside and look at the Santa Cruz Mountains, skies look pretty clear now, tomorrow at this time it could be a very different story. Chief meteorologist jeff ranieri joins us live. Whats the time line on the storm, jeff . We saw it slow down, a drastic change from what we had been seeing yesterday. Overall, it looks like its going to get here later on thursday. Ahead of the storm system, we want to let you know about a flash flood watch. If you have plans to head that way you need to watch out for mudsli mudslides. Just offshore, you can see the stream of clouds and rain, it looks promising. Its going to take a while for this to push down to San Francisco for tomorrow morning 5 30, no heavy rain. Eventually well start to see the rainfall move in slowly by 10 00 a. M. And a much better shot tomorrow evening. Ill be wrapping this up all the way through this hour. Well continue to check the rain for you. You can follow the interactive radar, set alerts for your neighborhood just for you. Its been three days and the dmv is still trying to fix computer outages. Dozens of locations are still offline. Michelle roberts, joins us from the Santa Clara Dmv with an update on this problem. Service was extremely limited. Everybody was walking in today. Many were surprised by the news they were told to come back and schedule an appointment at a later date. Now many worry when the computers get up and running, lines will be longer than they were before. When you have business at the dmv, people expect to wait will millions of people across the state were told to come back tomorrow. Gary leslie says he heard that same message yesterday. Getting in line today, they said the systems are still down. Dmv Officials Say a massive computer outage is to blame. More than 100 locations have been affected, including 16 in the bay area. They managed to get a dozen locations back online. You know how the dmv is. Many frustrated drivers were encouraged to visit the san jose location which was up and running. For some, the lines there were just as discouraging as the computer failure. While millions across the state wait for service. Dmv Officials Say crews have been working around the clock to rebuild the system. Its like the military, hurry up and wait. If you are planning a trip to the dmv tomorrow, we have a link to the updated list of outages on our website, nbcbayarea. Com. Reporting live in santa clara, michelle roberts, nbc bay area news. An update on the Police Shooting in San Francisco that sent a chp officer and a car theft suspect to the hospital. We brought it to you as breaking news last night. After several officers opened fire on a car theft suspect. The doctors say the officer is in fair condition as he recovers from cuts, bruises and a head wound. Suspect listed in critical after suffering several gunshot wounds. The shooting happened last night in San Franciscos ingle side district. Authorities following a stolen car, took off dragging the police officer. Thats when the other officers decided to open fire. This was no ordinary heist, a high end and complex theft involving some napa valley wineries. Heres the upside, the stolen wine has been recovered following an arrest in kansas. Our Investigative Reporter is here with details. In napa valley there are few things more sacred than wine. One man is accused of stealing a don of it. It was all part of a complex scheme that extended far beyond california. I want to tell you about michael quinn. He has Michael Scott wines. One of three napa wineries that recently distributed 100 cases of wine in pittsburgh, kansas. None of them ever got paid. The wine is worth more than 60,000. The kansas liquor distributor is called jayhawk beverage. The person who runs it is james allen hall. He disappeared after the wine was shipped. He was eventually able to track him down over the phone. I told him he messed with the wrong person this time. Its the principle of the thing. It cant continue. Quinn reported the case to police and to us. Hall was arrested last year for allegedly stealing other peoples 401 k contributions. The unit also found five reports from pinellas county, florida accusing hall of renting vacation homes that dont actually exist. Kansas Law Enforcement arrested hall and raided his warehouse in wichita. All the alcohol inside was seized and sources tell us that included some of that napa wine which is now considered evidence. He should probably be doing some time, based on all the things hes done. It would be nice for everybody to get paid as well. I dont know if thats going to happen. Hall is now facing multiple charges of fraud, including the purchase, sale and distribution of alcohol, without a license, the state of kansas says that once the case is over, raj, the wineries will have a chance to get their wine back. That is some very good news for them. If you have a tip regarding this story or any other story, give us a call at 888996tips. Or send us an email directly to the unit at nbcbayarea. Com. A new twist in the battle of the millennium tower. How the people who live inside those units are getting blamed for the problem. How about this, dog walkers now being asked to help crack down on crime. We take you inside this unusual tactic thats being used at one bay area city. Live in daly city. An endangered species washes up on to a bay area beach. Ill tell you all about it coming up. You can see the clouds increasing here through berkeley. Tomorrow the return of rain in San Francisco by the morning. Ill have our full storm time line in 7 minutes. Battle about the nng millennium tower. The city of sa theres now a new twist in the ongoing battle of the sinking millennium tower. The city of San Francisco is blaming the people who live in the luxury high raise for not solving their own problems. That statement was uncovered in court papers after the tenants sued the city. It has the condo owners fuming. Pat is tired of the finger pointing over who is to blame over the sinking buildings problems. Theres no reason not to go forward and fix the building, its on getting worse. Shes especially upset in the latest twist in the blame game. The city of San Francisco has just filed legal papers arguing the condo owners themselves are to blame for their problems. Specifically the city says the owners knew about the sinking problem for more than a year. And failed to do everything reasonably possible to fix the problem. The city says owners knew about the issue at least as early as june 2015, but did nothing. Even as the building continues to sink. The city argues theres actually been no damage to the units. Other than negative Public Perceptions due to bad publicity. Owners have unimpaired youth and enjoyment of each of their units. In the legal documents, the city argues, the residents should go after the developer, Millennium Partners for not alerting owners sooner. It also says the resident thes should go after the millenniums architects and engineers, saying the city is immune from legal liability. Jerry dodson says hes outraged. The city knows better. The building is not stable. And not secure at this point from an earthquake. Also new at 6 00, Crime Fighting is a rough job, someone has to do it, local police have a new weapon. Dog walkers. After a rash of home burglaries, the San FranciscoPolice Department is enlisting dog walkers and really anyone who walks during the day to help keep an eye out for suspicious activity. I have not personally, but i know several of the dog walkers here that have. Yeah, because we all kind of know who comes here on a daily basis. Theres only a couple of us. And hundreds and thousands of them out every day. More eyes, the better. Makes a lot of sense. Officers dont want Community Members intervening in a crime. They want them to report it. Anyone loitering, walking in between cars or using anything but the front door of a house would be considered someone that you might call in. If youre interested in this, contact the south San Francisco pd. A team of biologists on the way to daly city beach to try to figure out what killed a whale that washed ashore late this afternoon. Reporter jess, because there isnt much daylight, the scientists are going to wait until tomorrow to perform the necropsy. The last blue whale was discovered in 2010 on a San Mateo County beach. This brings the total of 7 dead blue whales found in the bay area over the last 41 years. Today, a beach goer spotted this blue whale in the surf at thornton state beach around noon today. The tide has moves the whale closer to the shore line. Scientists are waiting for high tide to push it up further on to the beach. It appears to be a male blue whale, they dont know the age or length or how this whale died. Scientists will be out here tomorrow to perform the necropsy as i mentioned and decide what to do with the carcass. Quite a sight on the beach. Jeff ranieri is with us now. The number one question, of course, the halloween forecast. I know kids are anxious about halloween. And the parents. It looks like were trending dry. Rain still remains in the forecast. We have a big change on the time line of that. But overall, still wet weather on the way the next 24 hours. Heres a beautiful shot from our camera, a little bit of high level cloud cover moving in right now, temps drop into the 50s by 8 00 p. M. More to the south, we have clouds, beginning to filter into san jose after a magnificent blue sky. High of 80, it was warm. Well see 50s by 1 00 in the morning. Well see the clouds here on our satellite radar picture in the live pictures, streaming in here from the south. We have rainfall associated with it, its going to take a while to move into the bay area, we need to see this main moisture line start to scoot off toward the east. Its going to take a little longer than we expected in it terms of the overall forecast. Rain still expected to return on thursday. It looks like the moderate to heavy chances will arrive by the evening hours. Well see rain lingering into friday. A chance of scattered rain saturday and sunday. Nothing big, still watch out for wet weather on your weekend. For halloween, stays dry. Well primarily stay in the 60s as well. Well have a full update on that thursday time line. Well take you hour from hour. Coming up, its something that hasnt happened in a while, actually. The san jose Police Department has a full academy, whats behind this recruitment boost. And then its uber for kids. Inside the startup taking care of rides and child care too. Reveal trding on o twitter pa series. Tacos c be picd upcos t on november 2nd apart the taco bell is giving out free tacos thanks to a stolen base. Tacos can be picked up november 2nd. A third duncan doughnuts opened up in the bay area today. Customers lined up at 1 00 a. M. , even the mayor came out to welcome the new edition. Because she doesnt know that it kills 40,000 californians. Every year. Because she doesnt understand what cancer is. Because she cant spell emphysema. Because she is a butterfly, who fights fires. Because she is my daughter, and the Surgeon General says that raising tobacco taxes. Is a proven way to make sure she never smokes. Cant. Bayarea staups are taeting kids and theirparents who need i move over uber and lyft. Various startups are targeting kit. Helping parents who need help juggling work, school and after School Active toys too. Think of it like uber for kids. Go ahead, and hop on in. Instead of curb to curb service, theres child care too. Youre welcome. Four days a week. This sixth grader uses zoom to get home from school, get a snack. It lets me be independent. And get to gymnastics when her parents are at work. It lets me do it without my mom being on my tail all the time, having to take me from school to the gym and all that. And shell be like, do you have your snack . Do you have all this . And its nice to get a break from that. Zum is one of the handful of startups making inroads in the industry. Uber and lyft are not supposed to take unaccompanied minors. I have a comment about yesterday. It was a stressful time for parents. The company had ten drivers when it launched last year. Now more than 300 zummers serve the bay area and orange county. All of them come from child care experience. They are finger printed, background checked. The majority of drivers are women, made up of stay at home moms, nannies and teachers. Plus, Army Veterans like roseanna winn. Being a stay at home mom, you feel hidden in your house. After only two months on the job, she feels empowered. Bringing it anywhere from 24 to 32 an hour. I feel really good too. As a financial contributor to my family. My husband, your confidence level has gone way up. I am going to walk you in, girlfriend. Rides start at 8 for car pools and 16 for solo rides. Its fairly easy to use. The extra cost is worth the peace of mind. Shes confirmed drop off at the actual address. Shes going to gymnastics. He receives notifications during every step of his daughters journey. Life before zum was not the best, and chaotic. Theres no guilt. Coco prefers it this way. Mom, do not watch this. Going it alone, makes her feel all grown up. Make sure you close the garage. Shell be like, well, mr. Pickles is not going to drive you. Im like, mom, im 11. Shes 11. Now, other specialized Ride Hailing Companies are popping up. Lyft hero for seniors. It launched in boston and is coming to california next year. Relief for thousands of California National guard soldiers have to repay reenlistment bonuses. Will it last . Ill have that story coming up in a live report. Im scott bud man after a rough day for apple shareholders, the question is, whats next for the tech giant . Coming up, well give you a preview of tomorrows apple event. Oc it really incens me runs jess vo right now 6 30 natia gud membe asked tpay ba it really innocences me. Right now at 6 30. National guard members asked to pay back thousands of dollars given to them as an enlistment bonus. First there was outrage, now theres action. Thousands of those National Guard soldiers got the news they were hoping for. Those bonuses were used to congress vince the soldiers to return to the battlefield of iraq and afghanistan. Mary ann favreau joins us now with more. Reporter theres been a lot of backlash you have to remember that a lot of these soldiers have been having their wages garnished for months. Theyre certainly glad to hear thats going to stop. For the soldiers that have already paid. Theyre not convinced theyre going to get all their money k back. Ive ordered the suspension to collect reimbursement from california guard members. Reporter many received 15,000 for reenlisting in the guard and fighting in afghanistan and iraq. Years later, the guard is asking for the money back. Christopher van meter was asked to pay back 46,000. He refinanced his house to pay the guard back. Hes encouraged he may get the money back, hes still hesitant. What would happen if 46,000 came back to us . To be honest with you. Well stick it in the account because we would be convinced the guard would ask us to pay it back again. Bay area congresswoman jackie speer a member of the House Armed Services committee, says the soldiers should never have been asked to pay the money back. When i think about all the companies that do defense work for us. All the defense contractors. Who do work and have committed fraud. Were going to claw back the money from the soldiers who were there protecting us in iraq and afghanistan, it innocences me. Legislative action may still be needed to wave all those repayments. Reporting live in san jose, mary ann favreau, nbc bay area news. The focus of the president ial campaign on pennsylvania avenue. Not the white house but the new trump hotel two blocks down the street. Protesters marched outside. The building used to be the headquarters of the postal service. For trump its a symbol. A major revenue producer and job creator. This is what i want to do for our country. He relied on undocumented workers to make his project cheaper. And most of the products in the rooms were made overseas. Trump was in washington, clinton was greeted with a happy birthday rant to this rally in tampa. She turned 69 today. Celebrated last night by attending an adele concert. Which California Company employees are donating the most to the president ial nominees. We reviewed the numbers for the centers for responsive politics. Employees with the university of california are giving the most cash to Hillary Clintons campaign. Nearly 1. 2 milli 1. 2 million. The Parent Company google, apple and Stanford University also made clintons top donor list. San francisco based wells fargo was donating money to trump. If you want to learn more about the races impacting you on election day. Visit nbcbayarea. Com and click on the decision 2016 tab. Youll find all the information on local races. Someone trashed Donald Trumps name on the walk of fame. You can see it and hear it, a protester using that pickax and sledgehammer to damage trumps star on the famed walk of fame. The man dressed as a City Construction worker. He took the tv emblem and some of the letters off the nameplate. He plans to sell them and use the money to fight sexual violence. The man who vandalized this says hell pay the fine and turn himself in to police. A huge boost for the beleaguered san jose Police Department, the academy is seeing its highest recruits in years. They realize theyll need a lot more cadets. San jose needs roughly 300 more officers to keep the city safe. We need to be able to attract qualified applicants. We need to have academies 45 plus so we can start rebuilding opinion were trying to keep up with attrition. They began 42 recruits. Five others left over issues with pay and benefits. A lot happening this week for apple and not all of it is good news. Tomorrow apple launches its newest products and some updates. What should we expect . Scott bud man joining us from the Los Gatos Apple store. Apple faces something of a challenge. Its iphones are selling well, but investors and fans wan the to know whats next. Well find out at least a little bit tomorrow morning. People are still buying iphones by the tens of millions. I like that they had nintendo. They had pokemon go. Apple saw a year over year sales decline. And a stock selloff. What everyones asking, of course, does apple have something new up their sleeve that could be different, that could be a growth product. Everyones talking about the car, but the cars probably not going to happen. What are we likely to see at thursdays apple rollout. What we want and what most people are expecting is a new mac book pro that has a better processor, better battery life. Updates that problem letter wont reignite investors or the fans in the short term. We will be live at apple headquarters. Well see you then. Reporting live tonight, scott bud man, nbc bay area news. Thank you, scott. A big surprise from the tech world today. Tesla is profitable. A threemonth profit much close to 22 million. They jumped to 70 from this time last year. Shares of tesla stock moved sharply higher in after hours trading. The reason it may take at least a year to get to the bottom of this, one of the deadliest crashes on california roads. Important step forward. The time is long overdue. Pharmaceutical industry. Passes the ballot. It is time for the pharmaceutical industry to stop ripping off the people of this country. The entire nation is looking at california. Lets go forward together. Thank you all very much. Ar palm sings. Thats th it may be a year before we know what caused the deadly bus crash near palm springs. Investigators say it appears the bus driver didnt apply the brakes before the crash. 13 People Killed including the bus driver. The bus was traveling at a high rate of speed when the crash occurred. Scientists at uc santa cruz say algae blooms are producing a toxin that could damage your liver. Its found in the delta and sacramento river. Theres no need to panic, the levels are below the recommended limits for human consumption. The bigger concern is from local marine mammals. Facebooks latest expansion goes beyond social networking. The Company Interested in becoming a landlord too. Theyre asking permission to build 1500 housing units. The goal is to offer employees housing close to work. The move has some people thinking back to the idea of a company town where employees worked and paid rent to the company. Wouldnt that be fun to have some nbc housing . I like commuting. Thats a polite way to say it. He doesnt want to live near you. Take it away. Rainfall is you guys are great. On the way, not the biggest storm weve seen in the past month or so. Its coming our way. Aisle have a big update on the time line in a few minutes. I want to know what the rent is. He switches carriers for the promise of hundreds of dollars after pulling the plug on his old company. That money does not materialize. To a concord man oas owed hundrm nbc bay area responds to a concord man who was owed hundreds of dollars from verizon but simply couldnt get it. Chris kamora joins us with this story and how we helped. Back in january. Michael stag bought a new cell phone and switched the service over to verizon. In doing so, he said verizon promised him a 650 rebate. How . Well, they told him he needed to send in his old phone and then provide a copy of his final bill from his previous carrier, which he says he did. But he never received that rebate. He said he called, he emailed, went to the store and couldnt get any help, so he reached out to us. We contacted verizon and the next thing we know, he has a 650 credit on his statement. Verizon said, we strive to deliver the best possible experience for every verizon customer, in this case, we did not deliver on that promise. It went on to say, it was pleased they could make things right with michael. If you have a Consumer Complaint click on the yellow submit tips bar, you can share your story, you can also upload pictures and video and document to help us investigate your case. Any time youre switching carriers these days, i think you have to consider it like youre buying a house. Read the paperwork and document everything. Its become quite the process. Lots of money on the line. Thank you, chris. Now, we chat with chris all the time, right . In person. We pepper you with questions. You can in person, this friday, chris, and fernandez will be at the farmers market. You can ask questions in english and spanish at 10 00 a. M. And 2 00 p. M. Its all part of our nbc bay area responds. Musical legends have come through the bay area. Youve probably seen some in concert. You can call them the bay home. Carlos santana grew up playing in San Francisco as well. My alma matter was the street s, its a bath of honor. Santana shares his secret to getting an audience going. Youll also hear stories from other bay area artists, huey lewis, two shorts and kilani. That is one of the best programs that we see on local tv. Its really well done. You love metallica . I love carlos santana, everyone out there. Jeff ranieri is here now with the Million Dollar forecast the next few days. I love rainfall, i thought i would add that in. Weather is still coming our way for thursday, the time line has slowed down, just in case you havent heard, thats the big update for today. Well get wet weather in here, your morning commute not going to be nearly as wet. Stormy shot for San Francisco right now, the clouds moving in. Absolutely beautiful tonight. If you want rainfall, well, this is the kind of picture you like, 67 right now in sf. A little bit of drizzle against the coastline. Now, an overall look at what we can expect the next four days, theres a lot coming your way with these chances of rain. Everyone gets excited about it, thursday and friday. Thats our next storm. Another chance saturday and then well see a wave of activity saturday night into sunday. None of these expected to provide any major flooding. Thats the good news, up against the Santa Cruz Mountains well have to watch for a mudslide threat. Santa cruz mountains the highest risk with this wet weather moving in. Nothing in terms of widespread heavy rainfall. Temperatures in the 50s to also 60 pz. Soy want to spend time on the time line with that latest change. Thursday 5 30 in the morning, no heavy rainfall expected. Well see the clouds, possibly a spotty shower, we may not actually see some consistent waves of activity move in until 11 00 in the morning. San jose hold on with me here, while you may not have a lot of rainfall by 11 00 in the morning, eventually well start to see this rainfall moving in from the west and south, and well get that wet weather in here spreading across by 11 00 at night. Thats when things look to pick up for tomorrow, and then this stream of moisture through friday morning at this point. Really thursday night through friday morning, looks like the zone of the heaviest wet weather coming our way. Totals havent changed too much, were looking at a half inch to three quarters of an inch. We could have one to two inches in isolated spots. On the extended forecast, once we get over this storm system on thursday and friday. Well give you a chance of scattered rainfall throughout this weekend. Best news is halloween looks dry right now. The chance of rain has pushed one more day later, that will be for tuesdays forecast. We get a look at the inland valleys, well see temperatures cooling off after 80 degrees inland today. We dropped down to 68 for tomorrow, and stay right near 60s over the next 7 days. I dont see an end to this on again off again wet weather pattern in the next 14 days. Thank you, jeff. Good job security. What happened last night, did you see it . Colin resch joins us next with some answers from warriors headquarters. There are some ccer. A emrr okay, stand down. The world is not ending, but there are some concerns that embarrassing start for the warriors last night. We dont know what happened. Tonight, heres a few answers. Im sure the story tomorrow will be k. D. Broke up the chemistry and we cant win, all these other things is going to come with the territory. There will be doubters. Those who believe you dont trade Team Chemistry for a superstar. The doubters cant understand how a team with six players can lose their home opener by 29 points. I found david west here helping the organization unveil a newly refurbished basketball court. The veteran is a voice to reason. Its a long year. Were trying to fit in a lot of new pieces, were trying to get a megastar comfortable and acclimated to a new environment. Thats going to take time. The pieces he refers to are the pieces that werent here a year ago. They play the one team that can expose them the most. Whatever expectations are crazy. In the long run, i believe this is going to help us. He told me monday night, before the game had even tipped off. It will be fun to see what they can do. Hopefully he comes together. It may take a while just relax. There are 81 games to go. In San Francisco, colin resch, nbc bay area. Really, chill, everybody. Chill. Game two for the warriors, friday night in new orleans. Its a new team. A lot of buildup. Ill say that. One last check before we leave. Clouds beginning to increase right now, the chance of rain for tomorrow . Wont likely arrive until tomorrow night and friday morning. Thanks for joining us at 6 00. Tv smackdown. Megyn kelly versus newt gingrich. You can take your anger issues and spend time work ong them. Dredging up old phone marriage scandals. Now on extra. Extra extra. Extra extra the poster boy of the gop facing off with the queen of fox news. You are fascinate with sex. Congratulations, newt. As megyn kelly stands up to newt gingrich. We have to cover that story, sir. Newts own history back in the headlines, the ugly accusations he was unfaithful to his two exwives. Then trump was nothing but a judgeman. Teresa