investigation. >> the criminal filing said investigators found weapons like these in the bedroom in the foothills east of san jose. the charges accuse smith of possessing assault weapons. some would ask why has it taken so long for these charges to be filed. >> it's a good question. these weapons were brought to us from the sheriff's department in july of 2013 about three months ago. as soon as we got the weapons we analyzed them and conducted a secondary investigation and filed the charges. >> we've been aware of the incident that you're referring to. >> we're all accountable for our action, good and bad. other processes that will take place. >> do you expect alden smith to play this year? >> i don't feel any need to comment further. >> if found guilty, punishment ranges from no jail time to more than four years behind bars. the district attorney also filed charges related to smith's arrest last month. smith is charged with driving under the influence of alcohol and a second charge of having a high blood alcohol content. that increases the severity. the second charge is because the can da has evidence that smith's blood alcohol was above .15. nearly two times the legal limit. >> thank you. as you mentioned it's been a long list of legal trouble. take a look. aldon smith, the time line he was arrested for drunk driving in miami and six months later he was stabbed at his house. last month arrested for dui in san jose and four days later he entered rehab. we have new information just into our news room about the body found at the stairwell at san francisco general hospital. tonight, the family spokesperson tell us that the san francisco medical examiner confirms it's the body of missing patient lynn spalding. there's no cause of death at this time. a hospital worker did find the body more than two weeks after she disappeared from her hospital room. family members say she may have been confused because of the medication she was taking. new tonight, people in the east bay are rallying around the man struggling to survive. 25-year-old james rodo is at the hospital with a traumatic brain injury. he was hit by a car on 14th street. he began was arrested blocks away from where she hit him. witnesses blocked her car until police arrived. they say she mistook him for someone else. five days later his friends are raising money to help pay for his medical bills. >> will be made to help cover these costs. saturday morning he's been in intensive care at the hospital and there's no, we have no idea how long he be there. how many surgeries he'll need. >> friends have set up an account on we pay so far raising $5,000. on the surface this sounds like a typical gang related murder in oakland. someone shot and killed at 1:30 in the morning. we're told the story not as it seems. why is the family reaching out? >> reporter: it's a preemptive strike. they don't want too much time to go by. they want to point out this young woman was doing a lot of good right up until the time she was shot and killed. >> i want everybody to know she wasn't out there. she didn't argue with anybody. she didn't start a fight. he was going home. >> reporter: the family wants to set the record straight. the 21-year-old was not in a gang and was not doing anything wrong early saturday morning when she was shot and killed at a bus stop in oakland. some other people were arguing. someone fired a shot missing the target and hitting her. >> she was just in the wrong place at the wrong time. that's what hurts the most. she was walking a family friend to the bus stop. >> reporter: the family spoke to us at the st. john missionary baptist church where the young woman's funeral will be held next week. they want to let the world know the good things she was doing with her life. >> she was a person. she had a family that loved her. she had friends that loved her. she was in school. she had just gotten her job. her first day at work was her last day. >> i had just saw her. just. we talked and i told her all this stuff we go through, we don't have nothing but each other. >> reporter: the family believes in the message of jesus christ and that faith is guiding them in this dark hour. >> she's in a better place. i'm not worried about her. if she was given the opportunity to come back even for an hour, she wouldn't come back. she's doing better than we are. >> reporter: two other people were injured in that shooting. police have no suspects in custody. nbc, bay area news. now to san francisco where police are searching for the suspect in fatal shooting. our nbc chopper was on the scene when police arrived at the intersection. they found the victim shot multiple times. witnesses say they saw another man running from the scene. the victim has not been identified. tonight, the university of san francisco honored fallen soldier. a roadside bomb killed army first lieutenant jennifer moreno in afghanistan on sunday. she was a graduate from the school. rotc cadets lowered the flag and the school leaders talked about her impact. >> she was a nurse and officer. she understood how those go together and how you could use those to change the world. i'm not surprised that she volunteered for this. >> an rotc scholarship helped her attend college and become a nurse. usf is considering creating a scholarship in her name. she's one of 26 soldiers killed since the government shutdown started nine days ago. because of the shutdown families of fallen soldiers haven't been getting the money promised to them to cover funeral costs. today the obama administration announced a temporary solution. a nonprofit will start making those payments for the pentagon, $100,000 goes to each family that loses a loved one. the pentagon says it will reimburse the fisher house foundation after lawmakers resolve this shut down. you have to add beer impacted by the shutdown. they are closed. that could prevent seasonal beers from hitting the shelves. micro brews where big business. >> reporter: it is. one place affected is gordon beers. it has several new labels waiting for permits are on hold. for those of you that enjoy seasonal beers, you might not be tasting them any time soon. >> just another way that a government shutdown effects every day life. >> reporter: beer drinkers are talking about it. a government shutdown effecting their chances at trying new seasonal suds. >> we live in california so we don't have any seasons. we need the pumpkin spice indicators. that will be a shame we can't try new things. >> reporter: it's responsible for approving new applications for brews and labels. because of the government shutdown nothing has been approved. this could effect the brewing company if it goes on any longer. >> once we open our new brewery we'll be making lots of new seasonals and being very creative and hopefully the government is back up by then so we can get some labels and get these out to the masses. >> reporter: the shutdown could affect places like original gravity. it's place where customers can taste new and hard to find craft brews. >> a lot of people do look forward to these seasonals. you wait a whole year to get the brews an it's like they're not available. it's frustrating. >> reporter: many depend on seasonal beers to fill their business. it takes more than a month to get a brew approved. now with the shutdown, it will be longer. >> it's an art. it's major bummer. >> reporter: the company is effected by the shutdown because they had two beer labels to be approved. right now the beer is sitting in barrels. from beer to traffic. it should be an exciting night in oakland tomorrow. 50,000 a's fans at the coliseum and right next door at the arena, 15,000 fans cheering for the singer pink. now comes the tricky part. the lights shining bright. everyone working on the field. getting there will be tricky. rush hour, a's traffic and pink traffic. best advice, take b.a.r.t. the game starts at 5:00 p.m. the pink concert starts at 7:30 p.m. city hall and oakland, you can see it there splashed with green and gold. here is the bottom line. if the a's beat the tigers they advance to round two of the playoff where is they will face the boston red sox. we'll have more a's coverage later. straight ahead, mapping security cameras to help keep you safe. the online effort that has some people changing their routine in order to avoid crime. also, his son made national add lines by sneaking onto that night. one father's admission about the difficulty of parenting. the one type of soda that could be the key to curing your hangover. comcast and twitter are changing up the way you watch tv. we're back in a moment. wung of those plants is just outside of tracy. the other two in fresno. the chicken sickened hundreds of people across the country. the sanitary conditions at the company are not acceptable. foster farms has until tomorrow to tell the department how it will fix the problem or they'll face a shutdown. foster farms has yet to recall any of its products. another twist in the story of that run away 9-year-old. his father is pleading for help in parenting his son who snuck onto plane and flew to las vegas. >> if i whoop my son i get locked up. if i let him keep on doing, i get locked up. somebody please help me, please. >> protecting his identity in that hoodie, the dad talked about how his son has a history of trouble. police say the boy stole a delivery truck recently and crashed it into a police car. he also has aistory of running away. the boy remains in child protective custody in las vegas tonight. his parents want him back home many minnesota. > a delta airlines and the tsa are looking into how the boy was able to board a plane. where are you being watched? there are security cameras tracking your movement across the bay area. one group wants to know where the cameras are. the group is getting the support from the san francisco police chief. here is stephanie trong. >> reporter: in the age of technology and terrorism and you get these. we wanted to find out in san francisco, just how many all around. we took our camera to try and capture other cameras, at least the ones we could see and ask those who live and work here how many times they thought they were captured on camera. >> probably about ten or so. >> a lot. 12, maybe ten. >> somewhere like six maybe. >> one. >> i think one. >> i would hope there would be three. >> reporter: not even close. not five, ten, 15. we counted 28. >> wow. >> i don't mind it. i think that's good. it would help with the police. they can check the footage. >> reporter: that's what community cam aims to do. it's a free crowd sourcing effort allowing people to register online and map cameras that they have seen. >> there's over 7,000 cameras. >> reporter: josh daniel said he started community cam as way to empower people to pinpoint the safest route. >> the feedback we have received is they would prefer to have cameras in public spaces where they are. >> reporter: video caught on the cameras of nearby businesses is what made the difference. >> the truck driver was making a right hand turn. failed to do so safely and struck her on her bicycle ultimately killing her. >> reporter: she says any tool to help investigators locate footage is critical in making or breaking case especially because a good number of businesses only store the footage temporarily. >> time is critical frequently the cameras will rerecord over the tape that they have anywhere from 24 hours to three days. >> reporter: san francisco police chief admits the video overturned the original police findings leading them it was the truck driver that made the unsafe turn. >> witnesses had the bicyclist being at fault. video kwas called to our attention. we missed the video. >> reporter: the department has a stronger focus than ever on finding footage, enforcing a standing order that officers must look for security cameras near the scene of any crime. sgr we've done cases where we've been able to trace back the route of a perpetrator or follow a victim going camera to camera. >> reporter: he adds they're already working on a project similar to community cam locating existing cameras around high risk accident areas. >> then we're going to further server the cameras to see what they can see. >> reporter: the chief pointed to another project mapping the 70 existing cameras along market street. >> in the event anything did happen, we'd have it on video. >> reporter: unlike the uk where there's 1.85 million cameras, monitored realtime 24/7 the chief said there's zero interest in that in san francisco. >> a man's got to know his limitatio limitations. >> reporter: nbc, bay area news. we have some updated to b.a.r.t. negotiations. another strike is looming. in 24 hours the cooling off period will end. we could see a strike as early as this friday. at this hour no deal has been reached. in the past few hours negotiations ended for the night. union spokes people say bart management offered up a deal yesterday but today with drew that offer. the two sides go back to the bargaining table tomorrow. let's bring in our chief meteorologist as we head into this midweek and that big baseball game tomorrow night in oakland. >> i do have that forecast. we're tracking another cool front off to the north. that will help to reenforce this dip in the jet stream. the chilly air not going anywhere. some of the coldest weather up into the north bay. 44 in santa rosa and down into the south bay you're not going to be immune from this chilly weather. temperatures in the upper 40s. san jose expecting 49. as we get a first look for tomorrow the jacket is a must for you early risers at 6:00 and 7:00. conditions in the mid-40s for a lot of our interior valleys. a touch warmer by 4:00 and 5:00. we're expecting daytime highs around the mid-70s. there's clear skies with saratoga the coldest currently reading 52 degrees an also off to the north you'll notice looking toward san francisco balm free conditions. you may have a lot of traffic but not looking at anything in the way of fog. temperatures go up here. 73 in evergreen and 71 for the east bay. temperatures in the 70s. looking pretty good when you think about this time of year. 69 in alameda. then you get out of the influence of the bay up into santa rosa. temperatures in the mid-70s tomorrow. looking nearly perfect. how about the a's game as we head throughout tomorrow. back in the bay with the tigers. you can see the temperatures will be in the mid to upper 60s with plenty of sunshine. you may need the jacket as the game starts to get going on. your seven-day forecast starts to get back to typical bay weather by saturday and temperatures in the 70s to near 80s on sunday. there's a possibility of a system offshore that may produce showers several days out. it's something we're watching let's bring it home. very good. thank you. back in a moment. known? we gave people a sticker and had 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[ laughs ] ♪ [ male announcer ] available at walmart, for a low price every day. peppejalapeños, bacon,shrooms, tomato and avocado.t, i call it, "the avocado da vinci". create your om'lart with denny's build your own omelette menu. this could be game changer for a lot of people especially in college. they compared the soft drink to 57 other foespotential remedies sprite came out on top. you'll soon be able to watch a tv show by sending a tweet. twitter an comcast have announced a deal. you can tune in by click a see it button in a tweet. it will allow comcast customers to set dva as well as purchase movie tickets through fandango. comcast plans to launch this new feature next month. up next we'll hear from the swinging a's and we also have jay. we're cooking with ann romney. she's making one of mitt's favorite. you'll love this song. let me get this straight, be a's starting pitcher, their rookie sensation was born in 1989 which was like four years ago. >> rolling the dice. doesn't have a whole lot of experience but he's got a lot of talent. the pitching match up is set for detroit. it's going to be the 2011 cy young. bob melvin had a tough decision to make and he decided the go with the rookie. melvin decided he will roll out his young gun here instead of veteran all star in game number five. here is melvin on the decision to go with the rook. >> he's a bit of a bulldog. he's scared of nothing. obviously, we had two great options there with bartolo. we looked at it a bunch of different angles. we have a lot of smart people in our front office and it came down to sonny's last game he pitched. >> pirates and cardinals. matt adams. more two run home runs. adam who started the game also finished the game for the cardinals. cardinals win 6-1. they advance to the nlcs where they will face those dodger rivals. stewart is eligible to return on october 17th. so far a perfect 3-0 now going on the road for the first time this year. it's going to be allowed, it was allowed in game two and louder in game five. >> thanks. we're back in a moment. [ marco ] i'm a student at devry university. and this is my home team. this is my large lecture hall. this is my professor. and also my coach. this is my booster club. this is the guy who's graduating ready for a great career in technology. [ male announcer ] in 2012, 90% of devry university grads actively seeking employment had careers in their field in 6 months. find your career success in the bay area. learn how at devry.edu. find your career success in the bay area. when ouwe got a subaru.s born, it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) the two-thousand-fourteen subaru forester. (girl) what? (announcer) built to be there for your family. love. it's what makes a subaru, a subaru. many fans of the critically acclaimed tv show "breaking bad" departmen didn't want to see it end. he offered to pay 75 million bucks for just three extra episodes of the amc series to air on pay per view online basis. unlike walt, the show's main character, the show creator didn't need the money and said no deal. >> i have a lot of catching up to do. >> i think we're the only two people in america who haven't seen the show. thanks for watching. ♪ ♪ turn around ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good for me around ♪ ♪ turn around ♪ every now and then i get a little bit tired ♪ ♪ of craving something that i can't have ♪ ♪ turn around barbara ♪ i finally found the right snack ♪ ♪ try new fiber one cinnamon coffee cake. or how to get great deals the easy way. you do enough flying around. that's why we give you real big club card deals. this week, load up on your favorite coke products. 12 packs are $2.77 each. tide is $16.99 for 150 ounces. that's under 20 cents a load. and oikos greek yogurt is just a buck. real big deals this week and every week. only at safeway. ingredients for life. >> announcer: it's "the tonight show with jay leno," featuring rickey minor and "the tonight show" band. tonight, jay welcomes comedian whitney cummings. cooking with ann romney. the music of lissie. and products that should never merge. and now, jay leno! [ cheers and applause ] ♪ [ cheers and applause ] >> jay: thank you very much. thank you. thank you. welcome.