One officer carries out a child who wasnt involved and delivers him to two anxious and shaken parents. Off camera, that boys father told me he is just glad his son is okay. Other parents were also seen walking their children out as well. No one wanted to talk on camera, but heres what we know so far. Police say they arrived on scene just after 9 00 this morning, and found three children in the Swimming Pool. Two of the children did not survive the life saving efforts by paramedics. A third was pulled from the water is and is listed only in nonlife threatening condition. Neighbors are stunned. Its tragic. I have been shook up all day. I literally live right across the street, so i see them being dropped off every day and picked up. It just, you know, wrecks my heart. Its so sad. I just cant imagine. You know, those kids. Weve seen them, you know, and the parents. Reporter as police began to investigate, this woman drove up to the scene and told officers she is one of the owners of the Day Care Center. She was visibly traumatized by the news and declined to talk to us. Police also ultimately drove off with the man in the back of a patrol car, presumably headed to the Police Station to answer more questions. Tonight, investigators are calling this incident a tragedy, and said they still have a lot of questions. For instance, it the happy happy Day Care Center have a current state license. A search by our Investigative Unit did not find any license issued for a Day Care Center at this address. Also, how was a Swimming Pool secured and how did the three children get into the pool. The investigator with the d. A. s office is among those trying to determine if any crimes were committed and in anyone at the center should face criminal charges. In san jose, damian trujillo, nbc bay area news. So heartbreaking, thank you, damian. In less than 24 hours from now, the woman chosen to fill the seat of the late senator Dianne Feinstein will be sworn in. Laphonza butler will be the first openly lgbtq person to represent california in the senate. Butler has led emilys list, which works to elect Democratic Women who support abortion rights since 2021. She was the president of the sciu local 2015, the Largest Union in california. Shes a long time ally of Vice PresidentKamala Harris and a former member of the university of california board of regents. The Vice President will be the one swearing in butler into office tomorrow. Butler will serve until the next senator is sworn in after the 2024 election. Three california representatives announced their candidacy months ago. Joining us is our political analyst, larry gersten, is this an out of the blue pick . Were we talking about it . Were people talking about it in your circles, where did this come from . Not from you, not from me. Thats for sure. Shes an adviser to Kamala Harris, gavin newsom. Shes worked on legislation. Shes been doing this for a long time. If you think about her background, politically, the demographics surrounding this woman are amazing. Africanamerican, a woman, a democratic event. Lgbtq, another thing. Three out of four vote for democrats. And union. Shes got a union background. You think about that, all of these are democratic strong points. She looks pretty good for those guys. On paper she looks good. Why hasnt she come out publicly and said she wants to run for office prior to this. Will she run for office, this is an appointment. Will she run for the senate seat. I cant speak to why she hasnt come up for office before. She had an illustrious career at sciu. Will she run. Thats a good question. You have to think about this. By december 8th, shes got to decide. Not a lot of time there, on the other hand, she knows everybody already. In terms of the players, shes got a lot of money potentially. She can catch up with guys like adam schiff, 30 million in the bank, katie porter, 20 million in the bank. Barbara lee, 1. 4 million. Theres catching up to do. If theres anyone to do it, could be her. Laphonza butler, we have not heard from her in the last 24 hours. No news conference. She did issue a statement. I presume well hear from her tomorrow after she gets sworn in. Well hear from her soon. Shes going to lay out her vision. No doubt, shes going to be complimentary of those who preceded her, and thank Governor Newsom for the appointment. This is a person with a lot to stake out in a very short time, if youre talking about somebody whos thinking about moving. Governor newsom has wounds to lick here. Remember, he said he wasnt going to appoint for anybody except a care taker. This was supposed to be a temporary position. It might not be temporary. Now he said do what you want. You can see why the other three might be upset. She lives in maryland is that going to pose a question or problem . Probably not. Shes been in california for the last 15, 20 years. She went to maryland to head emilys list. Lots of contacts here. Shell come back and be a californian. How long does it take to become one anyway. Thank you, larry. A lot more to come in the next several days about her potential run even next year. Supreme Court JusticeClarence Thomas took himself off a day involving the january 6th attack on the u. S. Capitol. Justice thomas has been criticized for not recusing himself from Capitol Attack cases. The reason is that his wife supported president trumps efforts to overturn the 2020 election. Todays decision involved former trump lawyer john eastman who used to be a law clerk for justice thomas. The Supreme Court will not hear eastmans request to here a ruling to allow the january 6th committee to access some of his emails. Climate change will get more costly for americans. Thats in a new report by the treasury department. Climate change will impose substantial costs on households in the future, including weather disaster like flooding, wildfires, extreme heat, all of which can impact job stability, homes, your health and food prices. Weather disaster cost over a record 617 billion. Within the last year, 13 of americans reported economic hardships due to Severe Weather events. The jokes are back, get ready far slew of monologues and laughs and guests, the late night shows are back tonight. The writers strike, as you probably know, ended last week, after nearly 150 days on the picket line. Returning this evening, jimmy fallon, seth meyers, john oliver on sunday. This is my family here so my other family. So i really missed everybody. Im like, i have to start getting a hobby. If this happens again, i have to have something to do. My wife is like you got to figure it out. I kept emailing everybody, checking in. Collectively, the talk show hosts pooled their money together to help their Staff Members get through the time. Members of the Writers Guild are in the process of voting on the new contract. Its expected to be finalized next week. The actors strike is still ongoing. It might seem impossible when youre dragging first thing in the morning, but medical experts say you can get better sleep each night. Im consumer investigator chris chmura. Ill show you how next. Im chief meteorologist jeff ranieri. A comfortable 75 right now in san jose. Ill have more details on some warmer weather in the forecast, plus a little bit of in a few weeks, were going to turn our clocks back an hour. For those of us who dont have Young Children and understand what sleeping in means, the others will enjoy an extra hour of sleep. It never works for us. You can get a better nights rest year round. Consumer investigator chris chmura show us what some experts recommend. We enlisted two pros who specialize in sleep, and we asked a barrage of questions. The first one, how much sleep should we be getting . Most of us need seven to nine hours. Sleep is a nutrient in our bodies and brains just need it. Dr. Emerson wickmeyer spoke for the American Academy of sleep medicine. Sarah crawley spoke for the better sleep counsel. We have to give sleep a chance. Set a nighttime routine for zs, empty the trash, do the dishes, check the door lock, whatever, just do the same thing every night. In the same order. This will begin to prepare our bodies and minds for sleep to follow. And when youre doing your routine. Keep things calm. Keep things quiet. Terry and emerson both said proper lighting is key. If you have lightbulbs that can change color, change them. Move away from those bright blue daylight tones and toward dusk you orange and yellow tunes. Go minimal in the bedroom. Physical clutter equals mental clutter. If your mind races about tasks in the day ahead just as youre trying to get into bed, terry says dont worry, just write out a tomorrow to do list. Put it on paper. The Old Fashioned way, and then youd be surprised how things look manageable. Daily exercise helps you sleep too. Naps are good, but they are no replacement for a full night in bed. Limiting screen time before and after lights out can also help you transition to dream land. What doesnt help you sleep. Booze. Theres no question that alcohol will make you fall asleep faster, but after those few drinks, virtually everything about your sleep goes downhill. So what about that other liquid that is so closely related to sleeplessness. Two out of two sleep experts we talked to agree, some caffeine is good, however, when a craving for a cup in the joe in the morning for a jump start morphs into a caffeine crutch, experts say talk to a doctor about your sleep. A hard landing today at the hayward airport. Our sky ranger was there and caught the after math after a small cessna crashed and rolled into a draining ditch there. It happened around noon. Take a look. Two people were on board, but were told there are no serious injuries. Thats good news. The faa and ntsb are investigating. Quite the close call. Lets get a check of the forecast. We have sweatshirts out this weekend. Wont need them later this week. Shorts tshirt, the flipflops, whatever you choose. We have the weather heating up for us as you roll through the next couple of days. I look at satellite and radar picture first, and show you there is some rainfall off to the north. But unfortunately we are going to miss out on this tonight, and also for tomorrow. The thing were really looking forward to, at least this week in the weather pattern is going to be this area of High Pressure. When i say looking forward to, thats on the charts for us, on the weather boards, i know some of you arent looking forward to the hotter weather, but we also have a cool down coming in that sevenday forecast, kind of a roller coaster here throughout the next few days. But nonetheless, this area of High Pressure is going to bring in dry air, and also those warmer temperatures. This means as we started off for tomorrow morning, we get mostly sunny skies, back for us here through a lot of the bay area, temperatures in the 50s. At least it will be easy as you get off to work. The kids off to school. The one spot we still may have patchy fog is in San Francisco. And 56th. Over to the east bay, were dropping into the upper 50s. Temperatures as we move through tomorrow, warming up 4 to 7 degrees. Right here across the south bay, it is a lock for those temperatures to be in the 80s tomorrow. Were going to be at 86 in los gatos, 85, san jose. 87 in morgan hill. East bay coming in with similar temperatures throughout the inland valleys. Warmest antioch, 88. Pleasanton, 86. Right near the bay, oakland to 78. Peninsula afternoon sunshine, 82 redwood city. 84 in palo alto. Daly city up to 70. 70s coming back to San Francisco. 76 in the mission, and for the marina, well be at 67. Hang on, if youre in the marina, those numbers are going to be warming up for us later on this week. Up to the north bay, 87 in clear lake, and 85 in novato. Its right here in the north bay, the next 36 hours, we are expecting wind. It looks to be isolated to the mountains. I want to make sure we show you this. Our fire danger will be elevated with some of the dryer and warmer air thats going to be moving in. So through tomorrow night, i see a little bit of wind up to the north bay mountains. Were talking north of napa. 15 to about 30 miles per hour. Again, tomorrow night, 11 00 p. M. Then by wednesday morning, right there, we could see a quick burst here of wind. 15 to about 35 in the mountains. Lower elevations anywhere from 10 to 20. I think at this point, on wednesday morning, we could certainly have some elevated fire danger, especially in the north bay mountains. Well continue to watch that wind and of course that forecast, and then it should start to calm down as we head through wednesday afternoon. Rain in the pacific. Were talking about hotter weather, eventually by next monday, there is a storm out here. Were not looking at any certain rain chances right now, but it could evolve to eventually bring rain next week. Heres how we have it right now. Fleet week coming in. Warm 80s, thursday and friday. 70s saturday, and sundays 69. I think friday and saturday, best days on the air shows, and across the inland valleys. Up to 95 thursday. 94 friday, and then drop down to the 70s next week. A lot happening on the sevenday forecast. Overall, a nice flash back to summer. Its going to be gorgeous for fleet week in the city. Pretty much perfect. Thanks, jeff. Thanks, jeff. Up next, a beloved member o. 49ers dynasty of the 80s has tragically died in a plane tragically died in a plane crash, were thousands of women with Metastatic Breast Cancer, are living in the moment and taking ibrance. Ibrance with an aromatase inhibitor is for adults with hr her2 Metastatic Breast Cancer as the first hormonal based therapy. Ibrance plus letrozole significantly delayed disease progression versus letrozole. Ibrance may cause low white blood cell counts that may lead to serious infections. Ibrance may cause severe inflammation of the lungs. Both of these can lead to death. Tell your doctor if you have new or worsening chest pain, cough, or trouble breathing. Before taking ibrance, tell your doctor if you have fever, chills, or other signs of infection, liver or kidney problems, are or plan to become pregnant, or are breastfeeding. For more information about side effects talk to your doctor. Be in your moment. Ask your doctor about ibrance. We are following some breaking news involving Dianne Feinstein funeral. He office sent out an email about ten minutes ago, and it says that her Funeral Service has been moved to the front steps of San Francisco city hall. It was previously scheduled to be taking place at the herbst theater, and was going to be a private ceremony. Now its changed to a public Funeral Service. Not private. It will still be this thursday at 1 00 p. M. , and the public is invited to the Outdoor Service at civic center plaza. Due to the change of venue, the simulcast inside city hall will no longer be provided. The service will still be streamed live online for those who are unable to attend in person. Following the Funeral Service, the senator will be buried at a private family only ceremony. Some of the headlines tonight a former 49er has died in a plane crash. Russ francis who played for the 49ers and patriots, died in a crash. Both men in the plane died. Its not clear who was flying. He was part of the team that won the super bowl following the 1984 season when they beat the dolphins at stanford stadium. Russ francis was 70 years old. We have news about the greatest gymnast of all time, were talking about simone biles. The first woman ever to land a herchenko double pike vault. This is biles at the world artistic championships, her doing a back flip off the fault, physicaledly two full rotations in the a pike position. The difficulty score is 6. 4. For reference, the most difficult vault at last years championships was a 5. 6. The move will be called the biles 2 to honor her accomplishments. Up next, the undefeated 49ers getting ready for the dallas cowboys. Its going to be a fun week around here. Also, were getting our first glimpse of these guys. Thats chris paul in a warriors jersey. Were going to check in on the warriors first day of training camp. Stay with us. Sleepovers just arent what they used to be. A house full of screens . Basically, no hiccups . You guys have no idea how good youve got it. Get xfinity gig Speed Internet for just 25 a month for 2 years when you add xfinity mobile. Back in my day, it was scary stories and flashlights. We dont get scared. Oh, really . Mom can see your search history. Thats what i thought. The nextgeneration 10g network. Only from xfinity. We made it bmo has arrived. Hello . You said it. Hello to more ways to save money, grow your wealth, grow your business. Just what we needed, another big bank. Not so fast. How many banks do you know that reward you for saving every month . Hes got a good point. Did i mention bmo has more feefree atms than the two largest us banks combined . Uh, bmo . Just beemo, actually. Quick question, will all this stuff fit in your car . should i get rid of the mug . Bmo the 49ers entered the season with high expectations, and so farther living up to the hype. This week, a big test. The cowboys are coming . This is the week . They are in town. Sound night football at levi stadium, get ready for it. As for yesterday, sun splashed. It was gorgeous. The 49ers handled their business against the arizona cardinals. Christian mccaffrey, did you hear what he did, did you see it, four touchdowns . He has scored in 13 consecutive games which breaks the franchise record previously held by jerry rice. Christian mccaffrey got a shoutout from lebron james on social media. 49ers beat the cardinal, 4913. 9ers and eagles are the only two undefeated teams in the nfl. There was the tweet by lebron james. Next time the 9ers tak the field it will beight here on nbc by area. 49s, cowboys, sunday night football. Its going sold out. You can watch it all here on nbc. Our coverage begins at 3 00 p. M. From the stadium. Then the pregame show at 4 00. Kickoff at 5 20. Lets talk basketball. He was once one of the warriors biggest and most, well, hated rivals, but today, chris paul met the press and the cameras in a warriors uniform. Its strange to see, but now hes a warrior. And a lot of fans admit that its going to take a little time to get used to seeing chris paul as a member of dove nation. Reporter when chris paul was a member of the clippers, rockets and suns, he had epic battles with the golden state warriors. Those days are over. Theyre now on the same side with one common goal, to win an nba championship. Warriors, warriors. I got to get warmed up for that one. Reporter chris paul admits hes still getting used to being a golden state warrior. Baby steps. The first day i came here, i took a picture of my locker, and the uniform and the jersey, and i put it in my family group chat, and even in the group chat with my homeys and friends, thats going to take some getting used to. You go through battles for years, and acknowledge the awkwardness of it at first, but Bigger Picture is that he just knows how to play basketball. We know that. If youve ever watched chris compete, hes kind of an. [ bleep ] he may say the same thing about me, and thats okay, but hes also one of the most competitive guys that, you know, ive played against. Reporter paul and the rest of the guys have been playing pickup games during the summer to build chemistry. He has been a starter throughout his nba career. But might be asked to come off the bench for golden state. Anybody who knows me knows that im all about winning. You know what i mean . Whatever i can do to help our team win. Reporter that might not be an issue to start the season if Draymond Green is not healthy. Green explained his ankle during a recent pickup game. Hell be reevaluated in two weeks. As for curry, he has his sights set on the one honor hes never received. Olympic gold in 2024. Definitely want to be there. Definitely want to be on the seam, and hopefully things line up where were all there. For now, his focus is on gearing up for a new nba season. The warriors first game tips off on october 24th. At the chase center in San Francisco, anthony flores, nbc bay area. Were already talking warriors basketball. I know, just a few more weeks. Its going to be fun. Jessica aguirre joins us now with whats coming up next. At 6 00, jumping into action to save a life. New body cam video of a rescue in contra costa county, the actions by a Police Officer that saved the life of an infant that was choking. Im scott budman, giant ships in the bay, angels in the sky, fleet week kicks off here in San Francisco. Well have a preview just ahead. Also a big change in the memorial plans for the late senator Dianne Feinstein. What people are already doing at city hall and what Governor Newsom is saying about her replacement in the senate. The news at 6 00 starts right now. Good evening, and thanks for being with us on this monday. Im raj mathai. And im Jessica Aguirre. This is heartstopping to watch. A Police Officer being hailed a hero. Hes a san pablo Police Officer, and he saved a oneweek old infant that was choking. Its super dramatic, and it was caught. Nbc bay area Jessica Aguirre spoke to the office set to be honored at city hall tonight. 911, whats the location of your emergency . A baby is choking. Reporter that was the 911 call from the frantic family of a choking baby. Surveillance video shows them scrambling to find help after driving to what they thought was a hospital. You can hear the mother screaming for help in spanish. Fortunately, san pablo Police OfficerBrandon Oswald was just around the corner, and arrived in seconds. He was the first on scene and wasted no time. Mom was frantic. She was screaming. She was crying. She was, you know, kind of holding baby in like a against her chest. Reporter body camera video shows oswald giving the