Joses recruitment and seen as a possible future candidate for chief. Him leaving is a shock for all of us. This is somebody who has led us through some of our darkest times and someone who we saw probably leading us into the future of this department. Reporter the chief declined to comment on the departure but said the department is determined to move forward. We increase the capability to have three academies a year and secure or Marketing Firm to help us with our recruiting efforts. Reporter his exit comes at a critical time. The already Ailing Department has 186 officers who will be eligible for retirement over the next 21 months. I think its hugely significant that somebody who is so woven in the fabric of everything that were doing, community policing, recruiting, training, is leaving. Its going to effect other people. Reporter through the poa we learned and were told that lieutenant bauers has declined any interviews. The department will begin dealing with the void starting around september 5th. Robert, thank you. For some perspective here, san joses 900 Police Officers serve more than a million people. San jose is the bay areas biggest city. In comparison, cities with similar populations have an average police force of more than 2,000 officers compared to san joses 900. That includes San Francisco, memphis, detroit, and honolulu. Just in to our newsroom. California is going to court to preserve the death penalty. Attorney general says she will appeal the ruling that struck down executions. Judge said the unpredictable delay in carrying out executions is arbitrary and just unfair. Last 35 years nearly 1,000 criminals have been sent to death row but only 13 have actually been executed. In 2010 as you know california spent morely a Million Dollars building a new modern Death Chamber and the state Corrections Department is drafting new lethal injection at regulation. California has just made a major change in the way Sexual Assault allegations are investigating. Previously we exposed problems with handling of rape and retaliation within the California National guard. Tony is with us and has details of a move in sacramento today, tony that could help victims of sexual trauma. This is a big deal, raj. Governor brown signed a deal that requires Sexual Assault cases in the state military department to be investigated by outside law enforcement, a move that would basically have the military commanders looked at a little closer. The issue centers on proper investigations in a military sexual trauma. For the past two years we have heard from dozens of members of the California National guard who describe a breakdown in rape investigations and retaliation for speaking up about being sexually assaulteded. Senator alex guarantees victims an independent investigation busivillian law enforcement. In february we spoke with a member of the California National guard who says she was sexually assaulted. She weighed in on the importance of the new legislation. I think its phenomenal because there is very little accountability now that ive been through the process to get something taken care of. Even to Just Research it, ask questions, it just it automatically gets thrown under the rug. We also spoke with a representative from the California National guard who says state military leaders support the new law. He says the guard believes more victims will see the successful prosecution and punishment of perpetrators. Ran . Tony, thank you. We have a series done by tony investigating the California National guard. Just go to our website to view the stories, nbcbayarea. Com and click on oinvestigations tab. Atten idyllic part of marin county called strawberry. Tonight that community is dealing with something it hasnt seen in more than a decade. A homicide. Not one but two bodies found in separate yards on carlotta circle. We are live from strawberry where people in the community shouldnt be worried about a killer being on the loose there, mark. Reporter well, thats what they are saying. What weve got is two dead victims of gunshot and police and sheriffs deputies not looking for a suspect. They say that theres nothing to worry about, and while they are not calling it a murder suicide, from what they are saying thats a reasonable assumption. The first body was found last night at 154 karls carlotta circle. This morning deputies went next door looking for possible witnessesnd thats where they found a second mans body. Who is obviously deceased, obviously again had suffered what appeared to be some type of gunshot wound. Reporter sheriff lieutenant pittman confirmed the dead man found this morning had a gun positioned between his legs. Neighbors say that victim is the grown son of the elderly couple that live at 152 carlotta circle. Man in his 40s who was a frequent visitor helping out with house repairs and upkeep. We dont know what the relationships are right at this moment between both the deceased at this point. That is something that were working on at this point. Reporter People Living on the street say they saw the man in his 40s alive around 6 00, roughly an hour and a half before the 61yearold was discovered dead next door. A neighbor who would not goen camera told investigators she noticed that first shot at 6 44 in the afternoon but, like everyone else who heard it, she did not report it. I thought it couldnt be happening in this neighborhood. Really safe neighborhood. I never lock my door. I shoupt say that. But i just thought that it was probably something else. But it did seem like a gunshot. Reporter last time there was a Murder Investigation here in mill valley, 2002, 12 years ago. Which may go a long way to explain why a lot of people on this street heard the gunshot, nobody thought murder. Reporting from mill valley, mark matthews, nbc bay area news. Thank you, mark. As mark mentioned, Violent Crime is rare in around mill valley. That 2002 homicide involved a nevada woman who checked into a Mill Valley Hotel and then killed her 3yearold daughter. As of april of this year, that woman remains in custody at napa state hospital. In the south bay, a dispute between roommates resulted in a charge of elder abuse. 24yearold shawn money is accused of assaulting his 85yearold roommate. The older man accused money of stealing his money to buy drugs and moony responded by hitting him or shoving him to the ground. Nervous executives at 49ers headquarters tonight. They ordered emergency repairs to the 1. 3 billion levi stadium. New grass. The old grass wasnt very old, in fact, crews laid it down just in april. The grass was supposed to last all season. But it didnt. Todays a you can see on the right side of your screen they gutted the field. It is now dirt. The 49ers say grass will be there for sundays preseason game against the san diego chargers. Nbc bay areas Michelle Roberts is at levi stadium. The grass might be there on sunday but will it be safe enough for the players in terms of footing . Reporter thats the big question that many are asking tonight. When you have a new facility you expect a couple of hiccups. The game still went on when they had traffic issues or run out of food. This is a safety issue and may be more difficult to solve. Crews at levi stadium are working on a tight deadline. Good gardening will take care of the problem. Reporter several fans noticed an issue last sunday when the 9ers played the broncos. The grass actually coming up and they had people from the stadium going in there and putting their foot down and kind of putting the grass back in place. Reporter and it appears the issue got worse. Yesterday coach jim harbaugh cut practice early because players were falling during plays. Head groundskeeper had high hopes for the grass when we talked to him back in april. A few days after this sod had been laid at levis. What we found with the bandera is it has the ability to recover a little bit quicker and keeps the color greener a little bit longer into the season. And its lateral growth so it make the network where the cleacleat zr cleats plants. Reporter today all the grass is gone. Days before another big preseason game. I think they should move the game to another field. Reporter new sod will be laid but fans are worried about their mvps. Hopefully no one gets injured. Reporter the 49ers released a Statement Today saying they are looking forward to hosting the chargers here on sunday. They also said theyre taking appropriate steps to fix this field issue but they wouldnt give details about what those steps are. We did reach out to the company that supplies the grass for levees and they wouldnt talk to us, either. Reporting live in santa clara, Michelle Roberts, nbc bay area news. 48 hours after starting the giants finally finished the game and unfortunately its not the ending theyve been hoping for. Its been dubbed tarp gate. After four hours after crews were unable to properly put that tarp over the field when it started raining. The game was originally stopped in the fifth inning with the cubs winning, 20. After a appeal by the giants the two teams resumed the game this afternoon. The only thing that changed was the final score. Giants lost, 21. Homeowners caught in the bind. Do you Pay Attention to the neighborhood rules or the drought rules . One woman and her wallet caught in between both worlds. Also San Francisco police want you to take a good look at the man in this video. It is video that could hold the key to the unsolved killing of a wellknown Castro District man. Im Jodi Hernandez. Ville a live report coming up. Good evening. Im meteorologist jeff ranieri. The fog cleared out of the coastline. Well talk more about the awesome conditions in pacifica and if its going to last into your weekend. We need to break up. Is it the biting . Cuz i can stop . No i love you and your show. Its cable. Customers are more satisfied with uverse. Switch and we can Stay Together forever. Forever . Ow. Im not gonna lie to you. Its also the biting. Break up with cable. Choose uverse tv from 19 a month for 2 years. An intense overnight fire in oakland. And the cause might have been fireworks. More than 30 people have been forced out of their apartment. Ten units were damaged. Two businesses were also damaged. The flames broke out in one building last night and the spread through a shared attic to anned joining building. No one is hurt. The red cross is assisting people to find temporary housing. Take a good look. Do you recognize this man walking across the screen . San Francisco Police are calling in the person of interest in a killing that has rocked the citys Castro District. 31yearold brian hagans was bet beaten to death two sundays ago, less than a mile from his home. Nbc bay areas Jodi Hernandez is live where the friends and neighbors will hope lead to an arrest. Reporter thats exactly what folks here are hoping for. This is what Brian Higgins worked at this deli and market. You can see theres a poster up in the window asking for tips. Tonight police have released a new clue they hope will lead to justice. Shows the victim being chased. Mr. Higgins, by a person of interest or suspect, if you will, on Church Street the morning of mr. Higgins was found unconscious. Reporter San Francisco police hope these images taken from a taxi dash cam will lead to a killer. Police call the man in the video a person of interest in the brutal attack of Brian Higgins who was found beaten and left for dead in the triangle neighborhood nearly two weeks ago. So essentially were asking for the public to view this video. If anyone has any idea who this person is to please contact San Francisco police. Reporter higgins who is part of San Franciscos radical Ferry Community and is known by many by feather lynn was taken off life support on august 13th. His friends say they want answers. Either a homicide or a hate crime. Reporter kort says higgins was like a son, lived just a few doors down from his deli and market where he worked as a cashier. He was very gentle and, as i mentioned, everybody in the neighborhood loved him. He is very nice to everybody. We miss him. Reporter torres says hes devastate and scared. He wont feel safe until the killer is caught. I dont really like to go out anymore because its kind of scary. You never know when Something Like that can happen to any of us. Reporter and were back here live where youre looking at the poster. Now, also in the window is lots of feathers where the man known as feather put up in the window including this dream catcher you see here. Brian higgins definitely left his mark here in the Castro District and his friends, those who know him, definitely want justice. If you recognize the man in that video you are urged to call the San FranciscoPolice Department right away. Reporting live in San Francisco, im Jodi Hernandez, nbc bay area news. Jody, thank you. The search is on for the person who shot a man in the south bay early this morning. It happened just before 6 00 a. M. At the intersection of ledo way in east san jose. Police say the victim was getting into his car and before he shut the door or started the engine someone shot him. The victim crawled out of the car and on to the roadway. The man has serious injuries but is expected to survive. Police say they dont have a motive for the shooting. She was trying to save water but her Neighborhood Association didnt like it. According to a san ramone homeowner shes facing fines from the twin creek south estate homes association. Thats after she replaced her old lawn with drought resistant plans. Now, the hoa there is lapping her with a monthly 50 fine unless she brings back her water thirsty lawn. I think its kind of ridiculous to assume ask the person to use more water in a drought area. Caught in a tough spot. Shes saying that shes getting a rebate on her water bill for the new landscaping. She says she will pay the fine from the hoa for the time being. New evidence tonight that the severe drought is changing our western landscape. Researchers from uc san diego says the drought has caused so much grond water the earth over the last year has lifted. They says its line like an uncoiled spring that was once weighted down with ground water. They used of gps censors to track changes. The biggest change in californias mountains especially in the sierra. With that said, lets bring in our chief meteorologist jeff ranieri. I see rain but that cant be anything current. This is from our last major storm on april 25th. We are counting down until we finally hopefully get some stronger storms in here. Right now it is 40 days until that rainy season begins. We can start accumulating rainfall across the bay area. Finger crossed in the weather department. All right. Lets get you in todays weather story. We did have binger changes. That was the warmup. Irn this14 degrees warmer for the Interior Valley from the north bay back across the east bay. We know a lot of you felt it there especially across petaluma, gilroy, walnut creek. Petaluma one of our warmest with 93. Palo alto, 85. South san jose, 85. Even downtown San Francisco getting up to 70 degrees. Well take you outside the sky camera knelt work and starting to see things cool off. But Still Holding on to warmth. Probably feels even a little bit warm to hot out there compared to the past couple of days where you have that cloud cover and fog in place. Averaging 79 in the north bay. Winds out of the southwest at 16. Fair conditions throughout the trivalley. And fog mainly for the mountains across the peninsula. But a lot of other areas seeing plenty of sunshine. Well take you into tomorrows forecast and what youre going to find is temperatures going up a little bit hotter. Well keep the most sunshine back here towards the south bay and also for the trivalley which will average 90. North bay, 86. Downtown San Francisco, even expecting 70. And more sunshine by 1 00 p. M. If youre already thinking about the weekend weve got you covered. Danville music in the park, here is the thing to remember about this. It is absolutely free. Check out the Weather Forecast this saturday. 4 00 p. M. , 86. Sunny skies. 6 00 p. M. , 82. At 8 00, numbers drop into the 70s. Well have more in the full forecast coming up in 20 minutes. A follow up into a investigation. Many state lawmakers are saying this new bill is long overdue. This bill is designed to increase safety on our waterways. Today the state Senate Approved a boater Education Bill requiring first time boaters pass a boating education exam before taking to the waters. This comes after we uncovered the distracted or inexperienced boaters of a cause of the majority of accidents here in california. Currently we are only one of five states that does not require new boaters to take a safety course. Now, if signed by Governor Brown this bill will take