and the search for a chief diversity officer is moving forward with interviews to take place this weekend. the university also says all four students involved in this case are no longer enrolled at san jose state. just in, a second victim in a shooting in vallejo last friday has died. a story we broke during our newscast last week. the shooting happened at potter and mclean streets. a family of four was shot at while standing in a driveway of a home. a 41-year-old vallejo man died at the scene, that man's son died from his injuries today. two other victims including a 9-year-old boy are expected to survive. as for the suspect, the search for them continues at this hour. police are looking for a marine four-door sedan that was seen leaving the area after the shooting. a break in the case in the investigation into the killing of this woman, stacey aguilar, a young mother. we learned late this afternoon that a person of interest is in custody. nbc bay area marianne favro joins us with new developments in this investigation. >> reporter: hayward police tell us stacey aguilar's body was found here on saturday in fremont in a rural area off morrison road. they say she'd been shot several times. 22-year-old stacey aguilar was last seen leaving a party with her boyfriend early sunday morning. today police say they believe she was killed in hayward and her body was then dumped in a rural off off morrison road in fremont. >> the body was found with gunshot wounds. >> reporter: police say they have a person of interest in custody, but won't say if it's stacey's boyfriend. they do say her boyfriend is behind bars on other charges. >> the boyfriend was arrested for domestic violence, and he is one of the persons that we've questioned. >> reporter: today during a phone interview from mexico, stacey's mother told us she didn't know her daughter was a victim of domestic violence and said -- i want all of this to end, i want my daughter's ashes to be brought to me. police say they're confident they have the right suspect but won't release the name of that person until they're formally charged by the alameda county district attorney's office. stacey's mother told us that she's now trying to get a humanitarian visa so she can return to the bay area to bring stacey back home to mexico. reporting live in fremont, marianne favro, nbc bay area news. thank you. our first look now at the man who was gunned down at a san francisco mcdonald's yesterday. he's no stranger to sfpd. this is curtis cail. this is a mug shot when he was arrested linked to a murder four years ago. yesterday cail died at that mcdonald's on fillmore just a few blocks from the crime scene years ago. a gunman targeted the car he was riding in. a major policy shift for sfpd. it's aimed at lowering the number of times officers fire their weapons. mayor ed lee and greg suhr are what they call a re-engineering of the policy. it calls for creating time and distance between fers and suspects. >> the vast majorities of shootings that have happened in san francisco by a recent study show that they happen withininside of five minutes and within 15 yards. if we can create time and distance, we can eliminate almost all of the officer involved shootings especially those that involve a weapon short of a fire arm. >> the police association tells nbc bay area that all the recommendations will have to be negotiated. new internal cal trance documents reveal obvious cracks inside the yerba buena tunnel on the bay bridge. there's no way cal trans inspectors could have missed them. >> it would be unethical for me not to stand up and point this out. >> reporter: this engineer says it's time for caltrans to take action after a chunk of concrete fell off and hit a car inside the yerba buena tunnel. a material engineer and scientist says there's obvious corrosion in the tunnel that is at a minimum years old. >> this is long term, this is not just superofficial corrosion. the rebar in the concrete is likely as corroded as out here. something like this should be caught by regular inspections. >> reporter: fulton is studying pictures from a caltrans internal report dated february 11th, 2016, which was recently obtained by nbc bay area news. the report shows detailed photographs of cracks, corrosion and crumbling concrete inside the tunnel. >> i haven't seen that entire report yet. >> reporter: caltrans spokesperson bob haas told me he had not seen the report and said that caltrans recently repaired 13 areas inside the tunnel. >> so we're going to keep a very close eye on it. >> reporter: despite these internal documents showing problem areas, the tunnel passed inspection this summer. >> no, we did an inspection last july. and there were no obvious problems then. >> reporter: fulton says for public safety's sake, she wants to see caltrans take action. and fulton says caltrans needs to take action immediately. the caltrans spokesperson said that tomorrow they're meeting with representatives from the national highway traffic safety administration to discuss possible options. the new westbound 580 express lane is open in the tri-valley area. a live look from our camera in dublin. you can see traffic moving smoothly right now. the two eastbound lanes through livermore, dublin opened on friday. the lanes are free to use for car poolers, clean air vehicles, buses and motorcycles. but solo drivers can pay to use the lanes during the work week. people in san francisco are turning to us for help. e.p.a. workers help protect human health and the environment, but they say they work in a sick building. senior investigative reporter vicky nguyen is with us. these are serious claims. >> reporter: it's ironic, too. the epa headquarters in fran is not a safe place to work after two years of renovations, a hundred employees have complained about the air quality. they say the e.p.a. is to blame. that building you see there. union leaders representing all of the employees who work in that building showed us air quality reports conducted by outside consultants. they say the air is so bad, some workers have had to leave their shifts after just an hour. they say their symptoms include headaches, dizziness and nausea. >> it just seems crazy to us that someone would be risking their health by coming into the office to work on cleaning up the environment elsewhere. >> the man in charge there on your screen, he agree, but he says the e.p.a. is not at fault. >> i'm at my wit's end. we pushed every avenue from lawyers to having meetings in d.c. >> tonight at 11:00, we'll show you the test results revealing which chemicals were found at level s above the state standar, who the epa says is to blame and why workers say it's affecting all of our safety. >> we'll see you at 11:00. if you have a tip call 888-996-tips or send us an e-mail directly to the [email protected]. no bail for the michigan uber driver accused of gunning down eight people. jason dalton is charged with six counts of murder and two counts of attempted murder. he made his first appearance in kalamazoo today. he shot the victims over a six-hour period saturday night in between driving customers as an uber driver. so far authorities don't have a motive and found no connection between dalton and the victim. uber is responding tonight. the company says it received several complaints from passengers on saturday night including one for erratic driving. uber says dalton passed a background check before being approved as a driver this past january. our coverage of this continues on "nightly news." a closer look at the timeline of the shootings and the victims. good afternoon. i'm chief meteorologist jeff ranieri. unseasonably warm weather today. coming up in the forecast, an update on the sierra snowpack and how it's faring with this most recent mild weather. and any details on rain that could be coming our way. i'm jodi hernandez in marin county where a bay area search and rescue team is being credited with saving a young girl's life in the sierra. i'll have details coming up. a community fights back angry over the reinstatement of officer phil white after those controversial texts. san jose police officer "philli him last year after he sent ohat some say were threateng new fallout after phillip white returned to the police force. the department fired him last year after he sent out what some were saying were threatening tweets against the black lives matter protesters. damian trujillo reports today. >> reporter: in fact the president of the naacp says that the city is not going to act, then he will. but the city says overturning a binding arbitration decision is easier said than done. they stood shoulder to shoulder, leaders from the naacp, the roundtable and the asian law alliance. >> the community is outraged. >> reporter: outraged that an arbitrator gave officer phillip white back. >> wanted to know the name of the arbitrator. >> we'd like a copy of the transcript of what was discussed. >> reporter: the leader of the local naacp took it one step further, vowing to go to court and ask for an injunction if the mayor and council, quote, don't act. >> attempt to overturn the arbitration decision or get an opportunity to look inside the files and books and see how it was made and why it was made. >> reporter: officer white was fired last year for sending two tweets that many felt were open threats aimed at the black lives matter movement. an arbitrator overturned the firing. >> who was the arbitrator? >> the arbitrator was selected by mutual process. >> reporter: the city says changing a binding arbitration decision is next to impossible. >> my understanding is that the grounds for challenging an arbitrato arbitrator's decision are very, very narrow. not impossible, but really difficult to do. >> reporter: among those listening to today's community outrage was san jose's acting police chief who also disagreed with the arbitrator's decision. he asked the community to take their anger out on him and not the more than 900 san jose officers who did not send out controversial tweets. >> and i understand the community's frustrated. i can understand the community's hurt. i'm here to take the brunt of that so that my officers don't. >> reporter: right now officer white is on administrative duty working on that praj that will equip officers with body cameras. once that program is rolled out, the chief said then he'll determine where officer white will go next. i'm damian trujillo. apple against the fbi. the battle continues. today in a letter to his employees, apple ceo tim cook again defended his decision not to unlock that iphone belonging to the san bernardino terror suspects. apple has no sympathy for terrorists. a judge ordered them to unlock that iphone. apple said that would put customers's privacy at risk. james comey says he won't want to break anyone's encryption or set a master key loose on the land. apple is expected to formally respond to the court order later this week. emergency landing. how a pilot turned an l.a. suburb into a runway today. a couple of parked cars were damaged in the emergency landing in the san fernando valley but nobody was hurt. the pilot was trying to land at whiteman airport in burbank when something went rong wrong and he had to improvise by landing on nearby san fernando road. the plane was damaged but the pilot walked away. new at 5:00, the right place at the right time. a bay area search and rescue team is being credited for saving a little girl's life. marin county search team was training in the sierra yesterday when they stumbled upon a girl who had fallen into this hole while snowshoeing. this happened in the castle creek trail near the donner summit exit not far from lake tahoe. jodi hernandez is in marin county this evening where the searchers there just shared details of what happened. >> reporter: they did. the marin county sheriff's department search and rescue team was up in the sierra for an overnight training mission when suddenly the training turned into a real-life rescue. >> we were snowshoeing when samantha went off the trail. >> reporter: that's when a sierra snowshoeing outing for hilda white and her family nearly turned into tragedy. the snow beneath 10-year-old sammy white's feet suddenly gave way sending the girl falling into a ten-foot-deep hole and into a creek. >> the snow just swallowed her up. >> reporter: white and her husband panicked. they were miles from help, or so they thought. >> it came over the radio, we have a real rescue. >> reporter: the marin county sheriff department search and rescue team just happened to be hiking down the same trail after spending the day training. >> perfect timing that they happened to be coming down, you know, from the peak, and happened upon my husband within 15 minutes of her falling in. >> reporter: the team used ropes to hoist the wet, freezing and terrified girl out before hypo therm ya set in or worse. >> we used all three 50-foot ropes. >> reporter: it's not the first time the team stumbled upon someone in need. while training in yosemite in 2013 they came upon a man clinging to a rock above vernal falls after slipping. >> feels great to participate in any type of real rescue where you get to use all the training. >> reporter: white says the marin team saved her daughter's life and she's grateful. >> i want to thank them from the bottom of my heart. >> reporter: now, among the 14 search and rescue team members up there were several teenagers who got some invaluable experience. everybody very happy they were at the right place at the right time. reporting live in marin county, i'm jodi hernandez, nbc bay area news. >> that is an incredible story. >> kudos to that search and rescue team. i'm glad that girl is okay. we thought most of the snow had melted because such warm weather, but the snow pack is still pretty thick in some areas covering the holes in little creeks there. >> you have to be careful when you head out there. while the bay area has been dry, we've had several feet of snow over the past four to about seven weeks and we'll have an update on the sierra snowpack coming up. and look, if we can't at least get the rainfall today like we desperately need, at least we have comfortable weather outside. currently across south bay, 66, san francisco 63 and the north bay at 68. as we head through tomorrow morning's forecast, still no rainfall coming our way. we'll start with a partly cloudy sky for the south bay and 44 degrees. a chilly day for the east bay and 42 and down to 41 for the north bay as well. let's advance and get you to the futurecast for tuesday. partly cloudy skies increasing as we head through the afternoon and evening. high pressure continues to build off shore. and that's the number one reason why we're not going to see any rainfall through wednesday's forecast as these storm systems continue to lift off to the north. with the mild and warm weather most recently, how are we doing for that sierra snowpack, of course? that's the main way we start to make headway in the drought. what you see here is currently not looking too bad. you can see on this map right now a lot of snow covering the sierra. this time last year it was quite a bit different. check out how sparse the snow was back in 2015. another way to look at this is by the snow depth. the average snow depth in 2015 to date was 3.2 inches. currently we're looking at a snow depth of 18.1 inches. and there's also 46.4% of the sierra covered by snow, water content of 5.3 inches. back in 2015 on this date, just 0.9 inches of water content. so it has been dry across the bay area, but the good news, at least we have stacked up some snow across this year over the past couple of weeks that's 2 to 4 feet. as we take you to the micro climate forecast, mild weather returning to san francisco. mild across the mission with 68, peninsula 73 degrees. some of the mildest weather here, san jose expecting 73 over towards morgan hill, 75. let's get you to the north bay, east bay and the tri-valley. looking good right up to napa with 73 degrees. and also mid-70s continuing right here across the tri-valley. our rain prospects through the next 15 days, high pressure once again keeps it dry through wednesday's forecast. this weekend possibly two weaker systems from maybe some drizzle at the coastline, possibly some scattered showers for the bay area. the way it looks now for march, a 40% chance of above average rain and just eight weeks left of el nino. so none of these storm systems right now look overly strong, but we're putting all of our hopes on march for that potential of rainfall, you guys. >> thanks so much, jeff. still ahead, a warning for shoppers after two violent robberies at a popular bay area mall. and this sketch just into our ne newsroom. the inappropriate way this man behaved on a trail. ==reveal== just uploaded... a happening now, just uploaded, a yelp employee said she was fired for writing a letter to the ceo about the struggles of living in the expensive bay area. the ceo responds. you can check that out on our app. the warriors making room for a new player. learn more about anderson varejao from the cavaliers on our twitter page. mountain vi mountain view police want you to take a good look at this picture. they say this man acted inappropriate towards women along stevens creek trail. this a popular trail. the man tried to start a conversation with a woman who was on the trail. the woman felt uncomfortable and jogged away. this man then is accused of running after her, but she eventually outran him. terrifying moments for shoppers in an east bay mall. their shopping trips ended with robbery and even a beating. investigators releasing this sketch of one of the attackers just minutes ago. the first happened saturday afternoon at the stone ridge mall in pleasanton. please say three men robbed a 63-year-old woman at gunpoint then kicked her as she fell down. officers say the men headed westbound on 580 in a cream-colored mercedes suv. police think those same men punched and robbed a 17-year-old girl in that same parking lot hours later. they were driving an older silver honda pilot in that second incident. rent skyrocketing in the bay area and the complaints are falling on deaf ears. congressman jackie speier will hold a meeting at 7:00 tonight. she'll be joined by members of the san francisco county board of supervisors and city council leaders. renters, landboards and realtors are expected to attend. he credited a daily glass of cabernet sauvignon for his longevity. pionee oneer peter mondavi has d away. he died at his home on saturday. when he and his late brother robert mondavi disagreed over the running of krug, he left and formed his own winery. they later reconciled in later years. >> they changed how we drink wine in california. >> that's for sure. still ahead, the young at heart presidential visitor that had the white house dancing. tonight at 6:00, changes at the santa clara county jail after deputies air kuzed of beating an inmate to death. only on nbc we talk to the sheriff and get a look at the maximum security wing. that's coming up at our 6:00 newscast. after seven years in the white house not much surprises the president and first lady, but a 106-year-old woman amazed them and it was caught on video. >> how are you? >> i'm fine. >> she was so delighted to meet the first couple, she started dancing, absolutely giddy with delight. she bubbled over saying she never expected to see a black president. the obamas clearly enjoyed the visit and the video has since gone viral. she's a d.c. resident who has worked as a housekeeper, nanny and community volunteer. look, she's still got moves. look at that. >> look at the first lady. >> i know, they're in sync. i love it. >> that's a great video. >> good for her. dancing keeps you going. >> thanks for joining us. lesser holt joins us next. breaking news tonight. an uber driver is charged with murder and prosecutors say he admittedize the gunman who went on a vicious rampage, killing people between picking up frightened passengers. breaking news in the race for president. a major shake-up in the ted cruz campaign. a top aide fired. tonight, is donald trump unstoppae? cosby's wife forced to testify as her husband's accusers take him to court. what did she know? cancer risk from floors in so many homes across the country, the cdc says the toxic danger is worse than were first reported. and 106 years old with moves better than most teens. tonight we talk to the woman so excited at the white house, she broke out her dance moves with the president.