this formal complaint with the city of san jose earlier today, alleging mayor chuck reed misrepresented material facts by exaggerating project reed tirement costs to sell a fiscal disaster. our investigation found the mayor claimed retirement costs could reach $650 million by 2015, even though the official projection stood at 400 million. >> the mare was told not to use that number, the number was 400. that was the projection. >> i don't really anybody ever saying not to use that number. i understood it was a rough estimate off the top of his head. >> reporter: we caught up with the mayor after the complaint was fired. regret using the figure 650? >> i think that is a ballpark figure for the kinds of problems we might experience. >> what about the people upset you were using that figure without anything to back it up? >> they can be upset. that is their right. >> reporter: san jose city council members are also speaking out. >> this has been a big marketing scheme to try to push a pension reform scheme that the mayor wants and not necessarily what's best for the city of san jose. >> the point that's important here is what is the council making decisions based on? not 650 million dollars because of the mayor's budget message in the commentary. i know and am confident in my own decision make and i look in my clerk documents we have been relying on that we have been relying on numbers that had nothing to do with $650 million. >> reporter: also as a result of our investigation, state assembly member jim beale is calling for a delay of the city's planned pension reform measure expected to appear on the upcoming june ballot. >> i notice you have that report right there. were you surprise ted mayor's die fi yans today or was that business as usual? >> he spoke to us today when we tried to talk to him so it was a good conversation. >> okay. >> and this report is also online. >> yes, in fact, i was just going to get there like to read the full ethic complaint against mayor reed, go to our website at nbcbayarea.com and search pension. wreently built the largest investigative unit in the country and we want you to be a part of it. if off tip or us or just a comment, let us know, call us at 888-996-tips or e-mail us at the unit at nbcbayarea.com. mayor reed has enjoyed relatively positive reviews in his five years in office but that might be changing in the wake of our report. within the hour, he will step to the podium at san jose's civic center for his state of the city address. >> 2012 is a year for recovery after ten years of cutting services, if we implement our fiscal reform plan, including the ballot measure on pension reform in june, we can begin to start talking about restoring services. that is really good news. >> we have multiple reporters following the story throughout the evening and bring you the latest on our 11:00 newscast. another story you will see only on nbc bay area. an 11-year-old san jose girl recovering tonight after a harrowing kidnapping at gunpoint three weeks ago. but police say she wouldn't be alive today if it wasn't for the heroism of one man and his s.w.a.t. team unit which stormed the kidnapper's home and recused this little girl. nbc bay area's damian trujillo spoke with him today and joins from police headquarters. you have an exclusive look inside the s.w.a.t. team's training and is hard core? >> reporter: rarely before seen, jessica. officer mauricio him men snez a sniper, a veteran of the s.w.a.t. team, known here san josez the merge unit, mobile emergency response group and equipment. but tonight, officer jimenez is deflecting all the credit and praise for that rescue, saying only it was part of the job. >> reporter: this is how they prepare for bat, 12 men preparing to confront some of the most dangerous criminals. >> gun command, two rounds to the bottom. move. gun. [ gunshots ] >> reporter: it was this training that officer jimenez says prepared him for the deadly january confrontation with the suspected kidnapper. >> hostage situations, you can't just shoot without having 100% certainty of your target and your back stop. >> reporter: police say try strong lee kidnapped an 11-year-old girl on january 20th from his ex-girl friend's home he fired a gun. police spotted lee at an apartment a couple miles away and merge moved in. >> i'm a sniper. >> reporter: on this day, they needed that guy with pinpoint accuracy. >> they heard a little girl screaming. >> reporter: the team heard gunshots coming from the suspect's apartment so they went into tactical mode. they knocked a door down on top of a staircase. the suspect had the victim wrapped around one arm with a knife in his hand. a gun in the other hand. that's when officer jimenez fired his shots. two strategically placed rounds and lee was dead. s.w.a.t. had just rescued the victim. how did you miss her? >> again, just a lot of hours of training, a lot of hours at the range. >> are you a hero? >> i wouldn't say that. >> why? >> i would -- like i said, it was just -- it's our job. >> reporter: a 12-year police veteran, a quiet, soft-spoken officer who on that day spoke loudly with his m-4. >> i'm not surprised at all. >> reporter: this lieutenant gave merge the rescue command, knowing he was sending them into the line of fire. >> i have no hesitation, 'cause i felt completely comfortable with their training. >> i mean, i can't speak enough of what a great team i have. we are very fortunate. >> reporter: fortunate that no one else was injured in the gunfire. >> they responded with failure not an option. they went forward toward the gunfire and saved a little girl's life. >> reporter: it wasn't until after incident that investigators found out the suspect was actually shooting blanks, but that certainly does not take away from the heroism of one of san jose's finest. live in san jose, damian trujillo, nbc bay area news. >> damian, thank you. new tonight scare affecting in marin county a woman who recently died of a brain illness died from a disease similar to mad cow, not mad cow itself. the rare brain cis sees, known as cjd, has two forms, classic and varian. classic cjd affects about 1 in 1 million people or about 300 people a year in the united states. the vare yant form, the type known as mad cow disease, has only been reported in three cases in the u.s. health officials say there was no link between the woman who died and another marin county resident who has similar symptoms them say it is not clear which form of the disease the living victim has because brain tissue has to be examined after the person dies. the latest from that shooting of a federal agent in newark. 61-year-old dennis bagwell made his first appearance in court today where he was charged with attempted murder and assault with a deadly weapon. bagwell allegedly shot customs officer robert suplick tuesday morning. his wife took classes at the bay area optical school in union sister where the suspected gunman was a teacher. the owner of the optical school where bagwell taught says he is stunned by the shooting. >> i did not notice anything other than -- 'cause he is always helpful to all the students, doesn't seem to be any close relationship with anybody that i could ascertain from anybody else in the class. >> officer suplick is hospitalized tonight. at his family's request information about his condition has not been released. a tip from a death row inmate led officers to a crime scene near stockton where human remains were found. it is a grisly update to a story we first told you about las week. serial killer wesley shermantine gave authorities map of what he said were burialts o of the victims. e-mailed areas in san andreas, rural calavaras county. researchers following that map found a human skull. deputies alerted the family of a central central family could be their daughters. the speed freak killers may have been behind 20 murders. and responsible for the abduction of a child who disappeared 1988. change of heart following a decision that drew international backlash. today, they will given a undocumented immigrant the kidney transplant he needs to survive. 35-year-old jesus navarro in oakland will receive a kidney from his wife after being denied the operation just last week. the petition urging the hospital to reverse the decision was signed by more than 140,000 people. the staff issued statement saying the decision was based on the ability to pay for follow-up care and not his status as an illegal immigrant. predicting an attack. ahead at 6:00, a life saving equipment, how a dog is offering help for a serious medical condition. we love free wifi but all that openness could put your personal information in danger. sure to be one of the hottest gadgets of the year, talking about the ipad 3, of course. when does it arrive? we have got the story. good evening, i am jeff ranieri in the nbc bay area weather center, a few degree away from records, even mid and high level cloud cover passing on by we head through tomorrow, not only an increase in cloud cover but also the chance for showers. we will let you know when that may arrive in just a few minutes. (car horn) paying with your smartphone instead of cash... (phone rings) that's a step forward. with chase quickpay, you can send money directly to anyone's checking account. i guess he's a kicker... again, again! oh, no you don't! take a step forward and chase what matters. a warning tonight before you fly or hang out in your favorite coffee shop, that free wifi that you might use could cost you big time in the end. nbc bay area's business and tech reporter scott budman is with us. and scott, when they are hacking here what are they going for in our phones? >> all sorts of data that could lead them to money and we keep them in our phones because essentially, raj, our phones are computers. free wifi popping up all over the place, and that is good news, but there's also some bad news, and that is that many of us who use feet wifi don't protect our phones as well as we should and that's an opportunity for hackers. it seemed all too simple, david stites a computer science student at university of colorado found something that might make you pause before firing up your smartphone, a way to break into the southwest airlines smartphone app. >> david stites, we entered on our southwest mobile app. here, we see the password equaled a test. >> reporter: he hacked into the southwest app and found the personal data of passengers. >> there is a tradeoff made of, well, how secure are we? you know, pretty secure? well, then we are willing to, you know, take that risk. >> well, the best thing you can do is turn off your wifi and blue tooth when you are not using it. >> reporter: that is ian bain of silicon valley company mcof a fit if you are in an open wifi environment like an airport or coffee shop, your smartphone data is at risk, largely because our phones are left unprotected. >> a lot of people don't think of their phones as being computers but they really r as powerful as computers were a few years ago. and people store a lot of information on there they have pictures. they have contact lists. things that are of value to cybercriminals and they have to protect them. >> reporter: good advice for those of us who travel or sit in coffee shops. in other words, those of us who sit in a smartphone-filled world. i talked to the airline earlier and they said they are aware of the security breach and working to fix t jessica? >> thank you. from bumpy to better, commuting is about to get smoother on bay area highways. help of a repair kind is headed to a highway near you. show looks life 280 at the 880 interchange on san jose, a bumpy ride there normally, but as nbc bay area's joe rosado jr. shows us, we will soon see some of the biggest transportation improvements in decades. >> reporter: among the tools of the trade for every public information officer, one big pair of scissors for the ribbon cutting. with all the major bay area transportation projects set to open in the bay area in the next two years, john good win of the metropolitan transportation commission may need to get his scissors sharpened. >> the next 12 to 24 months, wither going to see some big projects completed. >> reporter: yesterday, caltrans announced the new eastern span of the bay bridge will open labor day of 2013, but even before that the double-slide tunnel on highway 101 will open at the end of this year. a lot of these projects were approved by voters ten years ago, maybe even longer in some cases. >> reporter: other major projects in the pipeline include the construction of a fourth bore on the caldecott tunnel, set for completion in 2014 and new doyle drive replacement in san francisco scheduled for 2015. >> as far as this, probably not since 1936 or '37 that is when we got the golden gate bridge, bait bridge and the first caldecott tunnel all opened up within that two-year period. >> reporter: long shoreman gabriel sullivan will be one of the beneficiaries of many projects, daily commute includes the bay bridge and caldecott tunnel. >> three tunnel, four now. instead of the bay bridge, going to be wider, going to be more economical wide and better. >> reporter: the opening of the bay bridge will come more than two decades after it was damaged in the loma prieta earthquake. solomon is looking forward to the sight of big scissors culled cutting through the ribbon. >> coming, took a long while and it is coming. a lot of taxpayer efforts. but that i a different episode. >> reporter: joe rosado jr., nbc bay area news. speaking of traffic and commuting, bay area drivers riding solo can soon pay to use that carpool lane a new express lane is just weeks away on the 237/880 interchange in milpitas. the bay bridge is set to open 2 in 2015. in all, 500 miles of express lanes are scheduled to open in the bay area the next few years but you got pay if you want to drive on t >> i use the 680 one all the time, i'm running a little bit late. >> you? >> different subject. jeff ranieri, how much rain are we going to get tomorrow? >> just a little bit, if you are running late, going to want to plan some extra time, jessica. not telling you what to do advice. look today. definitely warm out here, numbers below average. 71, oakland, pleasanton, 72, yes, the warmest spot of all here, gilroy at 78, a slight offshore wind really helped to crank up those numbers today but we did also have some 60s here, in and throughout concord. fairfield, san francisco, 66, redwood city at 68. so really depending on where you were and how those winds interacted with the local microclimate, numbers over the board. 666, san jose, real nice evening down here, peninsula, numbers generally in the low 50s. now bring you into our current state now, mid to high level cloud cover across the bay area, but this is the game changer for us tomorrow. it is not a strong system at all. in fact, we don't think we will get really too much in the way of moisture, we head through tonight, find the cloud cover increasing out here, cross santa rosa, know vad dough, san francisco. by tomorrow morning, at 6 and 7:00, we will find some chances of showers up into the north bay. that may push into san francisco and also down to the south bay and the east bay. but right now, only expecting trace amounts to maybe about 3 to 400ths of an inch. az for tonight, dropping to 41 in santa rosa. 46 in the al man done valley. santa cruz to los gatos. as for your highs tomorrow, cooler as well. mid-60s inland, but for the coast and also bay side, temperatures in the upper 50s to low 60s, also that cloud cover increasing, the clouds and a few showers, not going to do much for your allergy forecast, everyone on the board as we head into your friday forecast, that is good news. jessica and raj, it is officially friday tomorrow, in case you didn't realize this, even with showers. >> didn't realize that. thank you, jeff. >> sure. $160,000 raised for children's cancer research in one week. who raised the money? kids. it was organized by the 21 mi pueblo food stores in california. the money goes the st. jude children's hospital a 5-year-old boy 5 years old, raised nearly $500, a teenaged girl raised $1500 with the help of family and friends. the two children were inspired by the store's initiative to help raise money for the hospital and knowing that they can help other kids. >> how proud i make my parents, how proud i make myself, around me and hopefully, if people see me doing this, going to be a little bit more people helping, if i did it, anybody can do it. >> we agree this is the third time the mi pueblo stores raised money for st. jude's. the 6:00, down the drain, a bay area woman loses a prized possession and then several months later, she gets the surprise of a lifetime. ahead, does facebook ceo mark zuckerberg have too much power? why some are calling for serious changes at the social network. judgment date controversial case involving marine. we are back in ea mar 2in we are back in 2. the san francisco district attorney's office says it will not charge a woman arrested over the weekend for allegedly throwing a dog out of a third story window. police arrested 22-year-old danielle walker after getting a call that she had tossed a jack russell terrier out of a window. neighbors think it's the same dog discould have around a scaffolding outside the apartment building a few weeks ago. at that time, they say animal care and control rescued the dog and return it had to the owner. >> that is just horrific. hundreds of demonstrators joined a statewide demonstration against the so-called 1%. a new study shows how top ear r earners are holding back the working class. >> disproportionately some of us have suffered a lot, others of us continue the same. >> today's march in the silicon valley was part of a coordinated statewide action that included similar events in sacramento, san diego and l.a. a study to be released by the union, united service workers west reportedly shows how the 1% lessen the incomes of working class families by less than $10,000. advance but at what cost? advanced placement courses are a common way for high school students to get a leg up on college. they take ap courses to boost their grade point average and sometimes college credit too but what happens when high school students take three, four, even five ap courses? you end up with stressed out kids and a call for a cap a growing number of public and private high schools in the bay area are talking about limiting the number of advanced placement courses taken by students. it is an effort to rein in stress levels and the amount of homework and the push back is coming from the head of the class. >> their teachers are now saying, wait a minute, we have to put the brakes on this, because these kids, their parents are pushing them to do more and more. no one is sort of putting -- rails on their education and saying you got to slow down here. >> now, research shows that kids under stress at school are getting less sleep, which could explain the rising rate of depression among teens. so, there are very real consequences for kids trying to do too much. find out more about these ap courses and the stress level this sunday at 3:00 on "class action" my weekly talk show about education. just ahead, another revelation into the life of steve jobs. why was the fbi digging into the late apple co-founder? i'm janelle wang a group of u.s. marines is in hot water tonight for a picture they took in afghanistan. and a big change for women in combat, wherehe ty can now serve. your national headlines next. o. our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller portion sizes and more low- & no-calorie beverages... adding clear calorie labels so you know