possibility of death. >> judge carney has -- is a conservative republican judge. he was appointed by george w. bush. >> reporter: matt is an attorney with the death penalty opposing are. >> it's cruel and unusual. >> reporter: the idea behind that is that the death penalty in california has become so uncertain, and arbitrary, it has become in its own right a form of cruelty. victims advocate marc klaas is fuming over that interpretation. >> it's another slap in the face of california's crime victims. >> reporter: he said judge carney's decision flies in the face of what the people in california want and eventually the death penalty will be back on the ballot. >> so that the law of the land, which is that execution is legal in california, and the will of the people, which is a majority of californians favor the death penalty, will then be able to

move forward as the law would suggest it should. >> reporter: death penalty proponents would like to get a measure on the ballot in 2016. in the meantime there is a question of an appeal. the state attorney general said she is studying today's decision by judge carney. we also contacted the governor's office and were told do not expect a comment from the governor tonight. in the meantime, the department of corrections said it, too, is studying the ruling. coming up at 6:00 tonight, we'll hear from california voters about whether or not they would support the death penalty or a reimposition of the death penalty here in california. reporting from san quentin, mark matthews, nbc bay area news. more details on the top story. the last person to be executed in california was this man, clarence allen, that was back in 2006. he was 76 years old at the time when he was executed by lethal injection at san quentin.

he was convicted of ordering the murder of three people in fresno. he was serving a life sentence for killing a fourth person. as for future cases, santa clara county district attorney's office announced it would seek the death penalty against torres, the man accused of kidnapping and killing morgan hill teenager sierra lamar. we reached out to the d.a.'s office, and they said they are reviewing their decision now. to learn more about the decision, logon to our website at nbcbayarea.com, search death penalty. there you'll find a link to the judge's 29-page ruling. we have new details in the case of the google executive with an alleged prostitute when he died. today the call girl entered a not-guilty plea in the drug overdose death of that executive. her lawyer said she's a troubled young woman, but she's not a killer. robert honda joins u from the santa cruz courthouse with the very latest. robert? >> reporter: well, this case is creating a lot of commotion as

it makes its way through the court. as we reported this morning, alice tickleman entered a plea of not guilty. >> all rise. >> reporter: her every move in court is getting international coverage. the 26-year-old accused prostitute pleaded not guilty in the death of silicon valley executive forest hayes found dead from a heroin overdose. they said she watched casually and even drank wine as he died. they characterized the death as a tragic accident. >> this case is about two adults engaged in mutual consensual drug usage in the context of a sexual encounter initiated and encouraged by mr. hayes. >> reporter: the prosecuteder told me he will only try the case in court. >> any sensationalism made outside of court, that's not evidence. >> reporter: tickleman was charged with manslaughter,

administering, possessing heroin, with an add enhancement today of causing great bodily harm. she was also charged with misdemeanor destruction of evidence and prostitution. legal analysts say charges could change depending on a death case last september when tickleman heard in this 911 call reports her boyfriend's heroin overdose. >> i don't know, my boyfriend overdosed or something. >> that incident is going to play very heavily in this new case in santa cruz. >> reporter: today the court kept bail at $1.5 million. tickleman returns to court october 20th. coming up at 6:00, why many people say ultimately it could be the victim on trial. live in santa cruz, robert honda, nbc bay area news. on leave, a supervisor is off the job tonight, after it came out that she was romantically involved with her boss.

supervisor john avalos represents the excelsior neighborhood and is married with children. he reportedly had a relationship with a top legislative aide. the supervisor's website said she is currently on leave. the city's ethics commission said there have been no allegations of inappropriate conduct and relationship between supervisors and staff are not banned. major league baseball wants the a's to stay in oakland, at least for now. the city council of oakland will vote on a proposed lease deal to keep the a's at the coliseum. a live look at the 46-year-old coliseum. baseball commissioner bud selig said today it's his priority to get this deal done. a ten-year lease extension was approved by the coliseum authority earlier this month. you might recall that the city and the alameda county board of supervisors still need to sign off. there could be a sticking point. the city leaders want better financial terms for the stadium deal. in the south bay, no problems, at least that we see right now. a major milestone for the

brand-new 49ers stadium. tomorrow the ceremonial ribbon cutting at levi stadium. the first game is less than three weeks away and it's not the 49ers, it's the earthquakes that will host the seattle sounders on august 2nd. the 49ers 'avenue first home game is august 17th, which is a preseason game against the broncos. officially giving water agencies to find water wasters, fined $500 a day. they're trying to figure out how to enforce the new regulation. santa clara valley water district said more money is needed to hire essentially water cops. those cops will have one job, to either fine or educate people who aren't conserving enough water. the district says the fines will likely be handed out only to repeat offenders. a lot of people who don't know, when we actually inform them of it, we believe they'll make the corrective measures and probably wouldn't get a fine. we have some individuals who don't understand the importance of it. at that point there would probably be a fine.

>> the new rules include a ban on power washing, also washing cars without a nozzle and overwatering your lawn. the rules have already been in place since march. a $500 fine is really the only change. the conflict continues. now early thursday morning in the middle east. and there's a new option on the table. a five-hour cease-fire. israel has agreed to stop their strikes against palestinian militants, but no word yet from hamas. the cease-fire is so that the united nations emergency crews can deliver food, water and other aid to the civilians in the gaza strip. which is severely affected by the violence. israel warned hamas attacks during the cease-fire. israeli military forces will strike back if hamas continues to attack. the crisis at the border is near critical levels. the president is meeting with the congressional hispanic caucus to turn back undocumented immigrants crossing america's southern border. now, rolling out the welcome mat.

south bay leaders and lawmakers today announced santa clara county is ready to house some of those immigrant children from central america. nbc bay area's david trujillo during some of the confrontations there. damian joins us live at gaud lup pe church. >> reporter: the services here begin at 5:30 this afternoon. these are some of the collection bins that the parishioners have been filling over the past couple of days. crews just picked them up. those donations are now on their way to san diego. they spent the day packing boxes with toiletries and other supplies. ready to ship to southern california. >> specifically needing donations for women, for the moms coming with their families. >> reporter: thousands of immigrant children have traveled 3,000 miles since october, to make it to the u.s. and this is the reception they've gotten in many cities

across the southwest. in california, protesters managed to force three bus loads full of immigrant children to turn around. >> it's really heartbreaking. >> reporter: today santa clara county said bring them here. the south bay is actively looking for a building to help process the immigrants, and looking for temporary foster homes for those children while their cases are reviewed. >> our objective is to make sure that if the federal government is in need of support, that the county is prepared to offer it. in the most humane and dignified way that we can. >> reporter: in the meantime, one greyhound bus will leave today full of the donated supplies from the south bay. and the teamsters union has agreed to ship other future donations that come into san jo jose's guadalupe's church. the church said they can't stand idly by without doing something. >> i take it really personal. i love my community. and those faces are the faces of many children running around

here, that could be happening to them as well. >> reporter: again, these donation bins will stay here because the teamsters in the next few days will pick up these supplies, travel across the bay area into central california, and then down to san diego to deliver what's been donated. live in san jose, damian trujillo, nbc bay area news. not everyone is thrilled. i'm jodi hernandez. a live report coming up. the afternoon commute is on here at the san francisco cal train station. there's a certain type of rider saying they're being denied rides. we'll tell you who they are, and why, coming up in a live report. good afternoon, i'm meteorologist jeff ranieri. tracking more lightning across california. we'll let you know what that means in the full forecast, all the latest on the fog rolling into san francisco, and how much

temperatures could cool for the forecast in just a few minutes. then at 6:00, getting paid to be popular. how to turn your networking skills into cold hard cash. >> you get a share of our ad revenue. >> new at 6:00.

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the plan to hirk solar prices took another step forward today. the finance committee voted unanimously to pass the soda tax measure to the full board of supervisors. the proposal puts a tax of 2 cents an ounce on soda. that amounts to a case of soda going for about $6 to nearly $12. supporters say the plan will raise $52 million a year for nutrition, health and activity programs. the board of supervisors could send the measure to the november ballot by a decision next tuesday. if you ride a bike, you may be out of luck.

cal train getting heat for booting bikers from overcrowded trains. derrick shore is in san francisco with the group that's demanding action. derrick? >> reporter: that is the san francisco bicycle coalition, and they say it's happening again and again, bicyclists being booted off cal train trains, because they say there's not enough room for them, or their bikes. riders we spoke to today say it's only getting worse with more and more taking cal train. the train system said they're aware of the problem. an estimated 13% of riders use their bicycle in their commute, many going to and from silicon valley. but the riders said their bikes simply don't fit. so they either have to leave them behind, lock them up or wait for an hour for the next train. cal train bike riders say it is frustrating, increasing their commute. but the train system saying they're doing everything they can. >> you know, i was told to not board the train because there's no room for bikes.

>> is that frustrating? >> yeah. enormously. normally it's another hour, or sometimes like 30 minutes. >> we're not going to be able to add passenger cars at this point. we just don't have the equipment. but we think there may be some ways we can make it easier for people to park their bikes along -- you know, at stations, along the right-of-way. >> reporter: along with additional parking, an ad hoc committee is looking at other options. they say it's all part of a bigger issue. 60,000 or so riders every day on cal train is a lot of riders. add bikes, that becomes even more cramped quarters. coming up at 6:00, why adding train cars may not be a simple fix, like it sounds like it is. they said there are major issues with doing that. derrick shore, nbc bay area news. from pamplona, to

pleasantton. if you ever dreamt of running with the bulls, dream no more. the great bull run is headed to the east bay. but the thrill seeking of that has animal rights activists up in arms, threatening to sue. jodi hernandez is live at the alameda county fairgrounds where the event is scheduled to take place. >> reporter: the racetrack here at the alameda county fairgrounds has seen countless horse races. this will be the first time that people will be running along the track, alongside 1,500-pound bulls. that's right. animal activists say what's scheduled to take place out on this track is downright cruel. >> this is a legendary event. everybody knows about the event. a bucket list item. >> reporter: folks in the bay area will have a chance to run with the bulls right here at home. for the first time an event similar to the famous running of the bulls in pamplona, spain, is coming to california. thousands of runners are expected to run with the bulls at the alameda county

fairgrounds next weekend. >> this is your opportunity to test yourself and see how you would respond, how you would react in a very dangerous situation. >> i think it's an absurd spectacle. it's entirely unnecessary and there's no justification for forcing animals to go through this fear and stress. >> reporter: animal rights activists say they're outraged. animals with the animal legal defense fund has filed a lawsuit in federal court, claiming the bulls are victims of animal cruelty. >> the reason that they're running is out of fear. and stress. and to force an animal to do that just for a fleeting adrenaline rush is wrong. >> reporter: but the ceo of the great bull run calls the lawsuit frivolous. he said the bulls are well cared for and insists the event will go on. >> to say that hurting bulges causes them stress and makes them unhealthy, that would mean every cowboy in the world is

guilty of animal abuse. >> reporter: it will take time for the suit to make it through the courts, not enough to impact the event scheduled here for july 26th. 4,000 to 6,000 people are expected to attend. reporting live in pleasanton, jodi hernandez, nbc bay area news. >> jodi, thank you. let's bring in our chief meteorologist jeff ranieri. how are we looking? >> third day in a row of this monsoonal moisture across california. just as expected, most of the activity remains well off to the north of the bay area. and then back across the sierra. we're still tracking some lightning strikes. it only means for us tonight a very slight chance of maybe a stray shower. we'll take you into the lightning here and you can see over the past hour, 43 strikes near monmouth lake. if you are headed to lake tahoe, watch out for the potential of severe weather. otherwise, back here at home, a beautiful day, with temperatures right near average.

the biggest thing, a lot of you probably noticed today the humidity was a lot lower. the air very dry. and those temperatures slightly cooler. at least for parts of the bay. the north bay right now at 74 degrees. and you can see the fog is back already in san francisco with 65. some of the blue sky across the south bay, 77 degrees currently with limited visibility at this hour. over the past three days we've been locked in every single morning with the cloud cover across the bay. tomorrow morning, yes, another day of that here throughout marin, napa, sonoma counties, and the tri-valley. computer model picking up green in the mountains, a slight chance of drizzle as you get close to the coastline around 7:00 a.m. in the morning hours. i think it will be a sunnier day. pleasanton, palo alto, and san jose. a decent day for tomorrow. we do want to let you know that

we're still going to be tracking a slight risk of thunderstorms across the sierra. this monsoonal moisture really doesn't want to shake off. again, be prepared for that. area of low pressure continues to move off to the north throughout the late week forecast, it will keep the onshore flow in place. that will keep any chance of triple-digit heat away. the thursday forecast across san jose, 83 degrees. you get a little bit of wind from the bay. saratoga will heat up along with campbell, close to 90 degrees there. for the peninsula, cool and foggy. pacifica, 66. foster city, 72. we'll bump up to 80 in palo alto. san francisco expecting 60s here. marina, 63 for tomorrow. we'll take you to the north bay, east bay and tri-valley. sunny by the afternoon. tri-valley, 85 in pleasanton. just a smidge cooler in livermore with 84 degrees. the weekend forecast, it looks

great. saturday and sunday, one of the coolest weekends we've had in a long time. south bay, 81 on saturday. 82 on sunday. tri-valley, 85, and also 84 respectively. so far, both days looking good. some smooth sailing, raj and jess. if you have any plans outdoors, looking aok. >> thank you very much, jeff. still ahead, drivers beware, the problem that's prompting bmw to recall more than 1 million of its most popular cars. also, lights, camera, san francisco. the blockbuster being made on the streets of the city, next.

we're following breaking news in stockton. this video just in to our newsroom. it shows the end of a deadly

standoff with three bank robbery suspects and police. it all began as the suspects walked out of the bank of the west in stockton with weapons pointed at the head of three hostages. you see the final end, the result of this. the sister station kcra reporting that all three suspects have been killed in this shootout with police. no word yet on the condition of the hostages. we'll continue to follow this breaking story as it comes into our newsroom. bmw is expanding a recall on one of its most popular cars. the automaker said it's just a precautionary recall on the bmw because of the potential problem with air bags rupturing. more than 1.5 million of its cars are being recalled worldwide. this affects model years 2000 through 2006. the new recall is in addition to the 42,000 bmws recalled in may, 2013, for the exact same

problem. it could soon get easier to get around the city of mountain view. google is based in mountain view. they want people to use the shuttles, like they do when they go shopping, or maybe to go to your doctor's appointment, or any other errands you might have. now, the two-year pilot program starts this fall. the public can learn more and give their input on this project at a meeting on august 12th. the details are on the city of mountain view's website. now to san francisco. right near the embarcadero, the center of hollywood action this morning. streets were closed as extras in the upcoming movie called "san andreas" practiced running for their lives from a tsunami. most of the movie is being shot in australia. however, there are a few more days of filming here in san francisco. and one of the stars in the movie, you saw him right there, duane johnson, or "the rock." born in hayward.

he was not here today, but on a media tour for another movie he's shooting called "hercules." lady gaga has a message for california. [ heart beating ] [ female announcer ] the internet gets more exciting the faster it goes. that's why, coming soon, xfinity will double the internet speed on two of our most popular plans. xfinity continues to innovate, bringing you the fastest, most reliable internet, period. [ heart beating ] xfinity internet from comcast. double the speed. [ heart beats ]

breaking news on the dunbarton bridge. from the nbc bay area chopper, firefighters and hazmat crews looking at the remains of a truck that burned. chp said the truck was loaded with batteries. this could potentially be a big problem, because batteries don't

do well with fire. they have a lot of chemicals in them, heavy metals and acids, and they can pose an environmental risk as well. let's show you what the traffic looks like now as a result of this. two east-bound lanes of the bridge are closed right now. all west-bound lanes are running slowly. again, because of the hazmat situation, batteries can be flammable, because of the acids in them. this is why they're taking a lot of precautions and working on this very slowly. this happened around 4:00 this afternoon. you can see a very, very long backup right now. an area of the dunbarton bridge, you'll want to avoid this evening. millions of fans listen to her music, but will they listen to her advice. lady gaga is asking california to conserve water during our historic drought. she filmed a save our water psa. >> while i was there, i learned about the necessity of water conservation during this drought. do your part to help save water at home. >> you can see the entire psa on

our website nbcbayarea.com. we hope to see you tonight at 6:00. we'll be back. >> good night. on our broadcast tonight, fatal strike, an israeli attack kills children playing on a beach in gaza. tonight, what happened, international calls for a ceasefire. a live report from our own richard engel. dangerous breakdown, what's going on at the cdc? new revelations now about some of the dangerous viruses on the planet being kept in plastic bags in unlocked containers. risk warning, it's been used for heart health and cholesterol control for 50 years now, and tonight doctors say it doesn't work and could be dangerous. and water shaming, heavy fines announced for homeowners due to an extreme drought emergency. and now it's got people turning on their own neighbors. "nightly news" begins now. from nbc news world