And a lot of people say reckless driving is nothing new about this park. Reporter people who live here, have told me they were worried someone would get hurt by the drivers. They are stunned a mother has been killed. Strangers are now leaving flowers here, where the mother was laying with her dog and her baby, when she was run over and killed by a city rec and park worker. Kids and dogs here all the time. And they know that. Reporter this man says rec and park workers who drive in holly park should know to be careful. This afternoon, witnesses say one driver, in a green city pickup, like this one, suddenly turned off the paved path and on to the lawn, where a 35yearold woman was laying down with her baby and dog in the sunshine. The driver went down the hill and drove right over the woman, as people screamed at him to stop. The mother died from her injuries. This is a tragedy. That is them not paying attention. Being out of control, doing what they want to do. Reporter her baby and dog were not hurt. The driver kept going. Police caught up with him minutes later and arrested him for leaving the scene of the accident. He will be tested for drugs and alcohol. Parkgoers have worried about someone being hurt. Sometimes they just ride through. Theyre always driving up there lately. I dont know why. Its been a pet peeve of mine because they ruin the grass. Ive seen them drive randomly off the path. Reporter rec and park is not identifying the driver but says he has worked for the kept the since 2006. Tonight, he is under arrest. And a San Francisco father is caring for his baby while mourning the loss of his wife after a day at the park. Tonight, the medical Examiners Office is not releasing the name of the victim. The investigation into why this happened is ongoing. Reporting live in San Francisco, jean elle, nbc bay area news. She knew her killer. Tonight, were learning more about the violent murder of a san jose mother. Rena was found dead in her minivan in san jose. Her husband said her throat had been slashed. Police have arrested a suspect. But theyre not releasing his name, even to her family, which is devastated by her death. Her sons cant imagine who would want to hurt their mother. She was a great mother. She was like held this house together. Just an amazing mother that no one can ever replace her. Figaro worked as a yard duty supervisor for the past 12 years. Today, grief counselors were on campus helping students cope with her death. Its getting worse for aldon smith. Just three days before the niners kick off their season, nbc bay area has confirmed a second lawsuit has been filed against smith. Tonight, were learning new details about his house party in the san jose foothills. This time, allegations of drugs and gang alg activity. Tony kovaleski has todays new developments. Im really just focused on what ive been focusing on. Thats football. Reporter while aldon smith was answering questions on wednesday about the first lawsuit, this second lawsuit was filed in santa clara county. Like the first, smith and former 49er Delanie Walker are named as the defendants. This time, it comes from an attorney from adam reyes. It says he is a friend of the first plaintiff. He received serious, catastrophic and permanent injuries. Both lawsuits painted a similar picture of the events of june 29th. And the morning of june 30th, at smiths 8,000squarefoot home in the East San Jose foothills. In the lawsuit, he accuses smith and walker of knowing gang members were at the party. It says, during the course of the party, the defendants became aware there were gang members and persons armed with weapons at the premises. The lawsuit claims smith had recently hosted similar parties at his home. It reads, defendant smith has established a pattern of having wild and boisterous parties at his house. The legal document says the party was advertised widely, including on the internet. It includes, drugs were used in a wide and notorious fashion at the party. It claims that smith and walker charged patrons for drinks. And serving a concoction the defendants named jungle juice. The legal team has emphasized there will be no further comment. Smith is expected to play this sunday afternoon against the packers. 77 million spent fighting an illegal campfire. Thats what may have started yosemites rim fire, one of the worst wildfires in state history. Investigators believe a hunters wildfire parked the fire back on august 17th. It went campfire to raging inferno fast. Investigators havent released the name of the hunter or announced they will face charges. Three weeks later, the rim fire is still burning and its blackened 370square miles. Now, the debate over whether the United States should launch a military air strike continues. The president is at the g20 economic summit in russia, trying to get support of other world leaders. Here at home, mr. Obama has to c convince the congress and people. Reporter people are sounding off on u. S. Military strikes in syria. Democratic u. S. Representative carol chshea porter of New Hampshire says, people are divided. Not this time. Almost everybody says no to these air strikes. Whats coming in is overwhelmingly negative. Theres no question about that. Then, they dont know what i know. Reporter only 32 of americans polled by the Pew Research Center this week, said the president had given a clear explanation of why the u. S. Should launch air strikes. None of us want to use force. Reporter nancy pelosi says its clear the president hasnt been clear enough in convincing the public. I think the president has to make a clear case that he did do if the assad regime is responsible. And that this will be a limited, tailored, focused, attack for the purpose of deterring future use of weapons of mass destruction. Reporter congressman mike honda says his biggest focus is for the u. S. To avoid going after the, quote, bad guys on its own. It could be a violation of international law. I think we should be cautious about how we move and respond. Very emotional. None of us, again, want to use force or initiate the use of force. But again, theres an equity to be weighed. And that equity is about sending a message to assad and others who would consider the use of these weapons. Theres no accountability for an endtoend process and making conclusions. Still to come, tons of hazardous auto waste dumped in landfills. Also, they might not be the real thing. But are there real dangers for teenagers smoking ecigarettes. Youll hear from the bay area girls whose play time with the puffin is getting a lot of attention. [ female announcer ] its time healthy gets a dose of happy. New yoplait greek. Byebye, stir. So long, sour. Hello, happy. Its time to lick the lid again. A trip to the Monterey Bay Aquarium became extra special for a little girl. This is 9yearold dakota wood and its gone viral after her mom posted it online. A puffin showed preference for dakota. And it started prancing along with her as she ran back and front in pathe enclosure. Jessica, theres something about animals and kids. You put them together in a video and sometimes magic happens. In this case, a horned puffin, the bird on the islands and the waters of the North Pacific ocean. Friends of a 9yearold girl from los gatos. And what happens next is fun to watch. For 49 seconds. That puffin just started interacting with her. Reporter 9yearold dakota wood ran around with a horned puffin bird. I went to the edge of the tank. And he decided to follow me. The puffins following me, mom. Reporter dakotas mom seized the moment and captured it on video. I think its the animal interacting so closely with humans. Theres so many people that would love to have an experience like that. Its amazing because it doesnt happen. You dont see that very often. Reporter there was something about dakota the puffin really liked. Whatever it was, the bird wasnt about to let the glass tank get in the way of their relationship. I think its really cool. And i realized i made a new friend at the aquarium. Reporter just when they were really starting to click as jogging mates, mom said it was time to go. Stop and say goodbye. Reporter leaving the puffin all by itself. But at least the wood family has video they can watch over and over again. He was just enamored with her. It makes me smile every time i watch it. I think i want a pet now. We asked dakota where she would go when she goes to the aquarium. Shell visit her friend, the puffin first. And run around for old times sake. Thank you very much, george. So cute. Lets switch gears for you. Is it the biggest breakdown of toxic regulation in the state. It would be the singlebiggest Hazardous Waste stream if all of it was classified that way. Why isnt it . Vicky nguyen continues our investigation. Not many people know about this department. But it could affect a lot of us. Reporter and not a lot of people know about this shredder waste industry. What it is the bits of plastic, metal, chemicals that are left over from scrap cars and appliances. Back in the late 80s, the biggest medal recyclers were given a pass to take the waste and dump it into regular landfills. That really saves them millions of dollars. But by 2002, state regulators were told by their own scientists, the treatments werent enough. The Department Said it would take away the exceptions for the industry. But now, in 2013, that still hasnt happened. This is where cars and appliances go to die. Californias seven biggest metal shredders, including this one in redwood city and in one in oakland. Crush the junk cars into small chunks of metal to be recycled for profit. The industry is a big one. Bringing in 5 million a year. But what happens to the leftovers, including plastics, engine fluid, and painted metal . The shredded waste, also called fluff, is treated with a cement coating. And trucked across the state. But a growing chorus of critics, say the treatment thats supposed to make this fluff safe does not last. We had no idea that this was the potential hazardous industry in our community. Reporter Jesse Marquez is president of the coalition for a safe environment. He lives near a metal shredder in southern california. You have gas tanks that have residual gas in it. Metal parts will be painted. And it is toxic and hazardous. Weve identified lead and other chemicals that are part of the scrap metalling process. Reporter in a 2002 study, a scientist found that treated fluff from at least two facilities exceeded the states threshold for sync and cadmium. And the varying chemicals linked to cancer were found in all of the samples he tested. Wood represented they stop classifying this waste as nonhazardous. We have determined that the waste needed to be treated as Hazardous Waste. Reporter six years later, maureen took action. In 2008, she sent a letter to the shredder industry, stating they would stop allowing treated fluff to be classified as nonhazardous, to prevent the harmful exposures to toxins. What happened . I dont know. Everything i tried to do was tossed out. Reporter it still hasnt reclassified the treated fluff as hazardous. Theres no accountability for an endtoend process. And making conclusions. Reporter today, current director Debbie Rafael says the issue is under review. Doesnt they consider shredder residue to be Hazardous Material . The issue of shredder residue has been on my radar since very early on. Thats not a simple question to answer. Once its been treated, we believe that it is no longer hazardous. Reporter why isnt dtsb taking back the action of the exceptions . We need to revisit them. Reporter revisit them. But will you take them away . I dont know yet. But i can promise that i have my best people working on this that will be coming back to me with a recommendation. They need to be able to make decisions. Reporter an industry lobbyist fought the changes. The shredders pay about 35,000 a year in generation fees. If the waste was consider eed hazardous, those fees would jump to 500,000. Industry representatives declined our requests to speak on camera. But in letters to the state, saying if the rules were changed, recyclers would ship the waste out of state. They say treated fluff does not pose a threat to human health or the environment. I did my best. I tried. Reporter former director, maureen goreson says the only way to address the issue is for lawmakers to step in and restructure the department. Nobodys responsible. Its like a giant Assembly Line with no beginning and no end. And people are just assigned to a spot on it. And they oh. I just hammer like this. Or i put in the screw. And its like, what are we doing here . You know . Its a fundamental organizational management problem. The durant dpsb director has reviewed another review of the shredder waste issue. She expects results next year. This has been going on for a long time. And doesnt look like its an issue that will end soon. Another year, you said . Yes. Not this october. Right. And you will be on it. We will. If you have a tip for our investigative unit, give us a call or send us an email. Lets check in with jeff raineri. The heat is on. Yeah. And were going to see some big warmups tomorrow and by this weekend. The low pressure has been keeping us average this week. Here is the thing as we head throughout tomorrow, this is going to be lifting towards the north. Once that moves out of the way, High Pressure has clearance to set up shop across most of the southwest. Not only hot air with this, but dry offshore winds that will be increasing our fire danger. Right now, at this very second, down in the south bay, were starting to see the winds shift out of the north, also slightly out of the east. About 5 to 15 Miles Per Hour. And that will be good enough. That offshore wind, as that continues to develop to give us great beach weather this weekend. Youre going to be able to see, in santa cruz, were looking at conditions that will be in the 80s for friday, saturday and also on sunday in the forecast. And plenty of sunshine. Some of the best weather at the beaches is going to be santa cruz. Lets take you to emeryville. Clear skies. Nothing in the way of fog. A beautiful shot tonight and sparkling at the current moment. Temperatures slightly above average in the south bay. A wind will keep temperatures not too hot for tomorrow. 87 in san jose. 87 in morgan hill. And also, 88 in gilroy, and 88 in los gatos. Youre closer to the hot air thats going to be building in from the Central Valley first. Dublin at 90. Walnut nut creek, throughout the friday forecast. And anyone at the coast, when you start to hit 70s in pacifica, we have a little of a warmup on the way. Enjoy this on friday. Its going to get hotter this weekend. 73 in San Francisco. 79 in berkeley. 80 in oakland. And 90 expected in napa. You look at some of the hottest weather we expect for this weekend, what youre going to find as he head throughout saturday and sunday in the forecast, the temperatures will be warming up close to 100 degrees. And here are some of the hottest. Livermore, 97 degrees by saturday. Napa, 95. Palo alto, 91. And south San Francisco, expecting temperatures in the 70s, as well. On the sevenday forecast, were going to find conditions staying hot all the way through monday. And by wednesday and thursday, we start to cool off. So, at this point, saturday, sunday and monday, if you want to head to the beaches, we know the beach weather is rare, make your plans now. I have a vision of just people, throngs of them, up and down the coastline, enjoying the weather. Thank you for the vision, jeff. Coming up, millions of teens are trying those electronic cigarettes. Find out why doctors think it will lead them to the real thing. [ horn honks ] kevin toaster strudel, yah . Warm, flaky, gooey toaster strudel. Faster than kenny can dodge a question. Honey, howd that test go . [ female announcer ] in just 60 seconds, youve got snackdefying, satisfying mmmm. Totinos pizza rolls. Mmm hmmm. Mmmm. [ female announcer ] zero to pizza. Pronto. To many, its a cool, new trend. But ecigarettes are also a health issue. Middle and High Schoolers have tried them. Should parents be concerned . Theyre not real cigarettes. But that doesnt mean they dont have health risks. Using an ecigarette is called vaping because it delivers nicotine in a waterbased vapor. Critics claim theyre a gateway to real cigarettes. Because its such a new technology, longterm Health Effects are unclear. If you have a google gmail account, big brother is watching. And google says, what they do is completely legal. Googles attorneys say no people read your emails. But an automated process scans your emails to cause the process. The lawsuit filed in may, says the mountain viewbased Company Unlawfully opens up and reads private emails. Up next, a wild night in the nfl. And the as battling to stay in first place. Turn around every now and then i get a little bit hungry and theres nothing really good around turn around every now and then i get a little bit tired of living off the taste of the air turn around, barry i finally found the right snack with our new, improved Peanut Butter chewy bars. Lets bring in dave feldman, the hardestworking man. How are you guys doing . I may be hardworking. Ill tell you who is talking a lot. Its former 49er and current fox analyst, randy moss, who shared his thoughts on vernon davis and Colin Kaepernick yesterday. It did not seem like they had a rapport. They have not shown that yet. With anquan boldin, it gives them freedom to pass the ball more. Vernon took the podium today. Heres what he had to say. Me and colin, were on a different level than where we were last season. You have to think about it. A quarterback just steps in. It takes some time to really learn his receivers. So, you know, thats all based on timing. Predicated on timing. Had more than enough time to really build on what we started. My opinion is totally different than what hes saying. I think that we were on a different level, for sure. Giants hosting the dbacks. Bottom four. 10, giants. Hector sanchez, to right. Sandoval collides with the catcher. Goes back to the plate. Pablo is on base. The dbacks go on to win, 42. As taking on the astros. Top two, 10, astros. Two on, two out. A single to left. Yoenis cespedes displays the ball. Two runs score. 30, astros. 32, the astros beat the athletics. The 14,000th warriors season ticketholder got a nice surprise here. Harrison barnes paying for his tickets. And in the first Football Game of the nfl season, the Denver Broncos beat the defending super bowl champs by a final score of 4927. Peyton manning threw for seven touchdowns. The last guy to do that, cal former quarterback, joe cap, in 1969. Raj was only 20 years old. Its been a long time. And joe cap lives in los gatos. He might be watching us tonight. Thank you, feldy. A lot of good information from feldy there. Thank you. Well be right back. So what can i get you . Well take something tasty and healthy. If you wanna go and fly with me its buzz the bee on your tv oh how did i get this way . Hey must be the honey theres a party going on in your cereal bowl os can help lower cholesterol oh why does it taste so great . Hey must be the honey hey must be the honey hey must be the honey it looks beautiful. And thats the issue here. Traffic slow on the bay bridge, its a little slow. Thats because people are slowing down to look around. Chp said traffic was a little better today. But people are using the bridge earlier and later times. Not just the usual commute hours. A lot of time on the bridge. Two most common citations so far. Speeding and then, wandering around, snapping pictures. Traffic to San Francisco heading east on the bridge, still sluggish. The chp expects big numbers for the biking and pedestrian path, as well. Officers will be monitoring the crowd and the speed. 15 Miles Per Hour if youre on a bicycle. It sounds like youre scolding for taking pictures. Thanks for joining us tonight. Well see you tomorrow. Byebye. [ superfan ] were hitting the road to help america discover the new helper. Youve got to try this sweet sour chicken helper. I didnt know they made chicken. Crunchy taco or four cheese lasagna . Can i get another one of those actually . [ superfan ] hey, america, were here to help. [ female announcer ] at 100 calories, not all food choices add up. Some are giant. Some not so giant. When managing your weight, bigger is always better. Ho ho ho green giant shhhhh in our day, we didnt have uverse high speed internet. Yeah, our babysitter didnt have a million ways to serve mom up on a silver platter. We had to count sheep to fall asleep. And i always worried that i was creating an overcrowded sheep farm. In my head. Never looked like that farmer took proper care of those sheep. Too much . A little. [ male announcer ] connect all your wifienabled devices with uverse high speed internet. Rethink possible. Announcer its the tonight show with jay leno, featuring rickey minor and the tonight show band. Tonight, jay welcomes vince vaughn. From the newsroom, olivia munn. The music of vintage trouble. And new back to school oducts. And now, jay leno [ cheers and applause ] [ cheers and applause ] jay thank you very much. [ cheers and applause ] there you go. Thank you. Thank you. Welcome to the tonight show. Thank you very much. [ cheers and applause ] that is very kind. You all [ applause ] you all look excited, nfl football came back today