Head coach jim tomsula said hes trying to turn his life around. He was cut from the squad. Heres his newest mug shot from the last few hours. Abc 7 News Reporter david lui picks up our coverage live from santa clara. David. Alma and larry, this is a sad day. Those are the words of jim tomsula, the 49ers head coach, as he confirmed that, indeed, smith had been cut from the team. This is a situation that is clearly developing. After three dui arrests and a brush with tsa agents in los angeles, the front office apparently decided there were no more Second Chances for smith. This coming just days after general manager trent balke had said he wanted to sign smith to a new contract. Aldon smith disputes that he was driving under the influence of alcohol even though police say they tested him twice. This wasnt a dui. The situation that happened could have been handled differently. I apologize for everybody i did let down and i apologize for how it all played out. Santa clara Police Say Smith hit another vehicle twice in a secure parking garage at this apartment complex on moreland way. He reportedly left the scene but later returned and talked to officers. At that point they determined he was under the influence of alcoholic beverage. Smith is on probation for this incident two years ago when he hit a tree and left tire are you the ruts in a yard. Let it be known that this is a problem and its something i will get fixed. Ill do everything in my power to make sure this never happens again. The niners released smith in the last year of his contract. Although aldon will not be playing football here, we will be supporting him. The car that they hit were collin kaepernick. They were both involved with a radio host named nessa. Aldon smith faces arraignment in october. Steven clark said the court will not look kindly at another dui arrest. He may have been very sincere in his efforts to change his wades but the could urt is going to look at it, but you keep getting behind the wheel and thats whats going to be concerning. In santa clara, david lui, abc 7 news. This is the latest in a long list of legal problems for talented linebacker. Yeah. Last year he was arrested at lax after a tsa agent said smith claimed he had a bomb. The City Attorney declined to file charges. In 2013 smith was arrested for dui and possession of marijuana in a crash in san jose and in 2012 he was arrested for a dui in miami beach and later suffered a stab wound trying to break up a fight at his home. Following the stabbing smith was charged with illegal possession of a weapon. News of aldon smiths arrest spread very quickly this morning. Abc news was at the San Francisco studios of 95. 7 the game. Some fans passionately defended the team. Others demanded the niners release him right away. The bottom line according to one of the cohosts, smith, he has some problems. This is an individual that has shown through a repeated pattern of behavior of making bad decisions and until he decides that he wants to change who he is and what it is hes doing, hes not going to be able to find any help. He also blamed the 49ers organization calling Team Officials enablers for not cutting ties with aldon smith following his previous runins with the law. Smith approached the 49ers in the off season asking to renegotiate his nearly 10 million guaranteed salary. Espn sportscenter analyst field yates said it was because smith wanted to prove to the team that he was truly reliable. Cut his contract up into a series of bonuses and for every game hes on the active roster this year he makes 322,000, which is a testament to the more i play, the more im around, the more money i can make. He wanted to show the 49ers that not just he can be an excellent player because hes one of the very best pass rushers in the league, but that he can be a reliable and dependable member of the organization, they would consider investing in long term because this is the final year of his contract. And the 49ers right now have to wonder what can we count on from this player Going Forward . You need to make sure you find a way to get this guy out of this rut. To find him help not to have the sickness and illness derail his life and his career. It all seems i mean, although its sad. Its disappointing. That moneys gone. That money in the nfl is not guaranteed and its a huge blow to the 49ers because this is a guy as troubled as aldon smith is off the field, hes a great player. Its the only reason he got chance after chance after chance. Maybe hell get other chances with other teams depending how this plays out. This is what addiction looks like. Most of us you see a young talented guy. Somehow youd get the message that you have to change. If you look at the Police Reports in every incident, it appears that alcohol is a huge factor. Think about what was on the line here for aldon smith. 10 million season. Maybe 100 million if this guy was able to stay out of trouble this year and be what he is which is a dominant player on the football field. All of that is gone and out the window. He was suspended nine games last year. The nfl could very well suspend him again depending on the details of the case. Who knows what happens if he ends up incarcerated for any length of time. Aldon smith has unique god given ability. Few people on the planet have this. Hes throwing it all away. Obviously he cannot control himself. It is such a waste, a waste of talent, a waste of potential. Its beyond sad and hopefully this young guy finally in some way can get the help that he needs. Yeah, hopefully turn it around. Hes only 25 years old so theres still so much potential there. Youve got to get past this somehow some way. Well, as we mentioned abc 7 news was the first to break this story. Do stay with us for continuing coverage of smiths arrest. Follow us for any latebreaking details on twitter at abc 7 news in bay area. Happening now a judge in colorado is reading the verdict in the sentencing phase for a lower ra Movie Theater shooter james holmes. After seven hours of deliberations the jury reached the deliberation earlier this afternoon on whether or not holmes should get the death penalty. Hes convicted of murder for killing 12 people in 2012. The decision has to be unanimous for holmes to get the death sentence. We do not have the verdict yet. As soon as we get it we will bring it to you. We are getting our first birds eye view of the damage after lightning struck a tree in san jose. Were shown whats left of the giant redwood on west taylor and elm street. Abc 7 News Reporter chris wynn with more now from san jose. Ive never seen anything like this in san jose. Reporter cat powell couldnt believe it. Now i was so scared. I thought it was a nuclear bomb or i didnt know what it was. Reporter take a look at this video from ptz tv showing flashes of light in the sky of the south bay. I was definitely afraid for my daughter. On the ground residents on Taylor Street in san jose came out to see this. A redwood tree out there the top part is on fire. You look and theres a huge branch on the lawn. Branches scattered all over. It fell on the duplex. People were saying Lightning Strike but i was just thinking somebody had to get hurt during that. Somebody has to be hurt. Thankfully no one was injured. Deputy chief john justice of the Santa Clara CountyFire Department said no fires were reported as a result of the lightning but says the season is far from over. You have combustible leaves and other things that lead up to the house. Thats going to take the fire right to your house. What were actually asking you to do is help us help you. Fire officials encouraging officials to provide some Defensible Space around their home. In the south bay, chris wynn, abc 7 news. After all of that lightning last night or weekend forecast is thankfully a lot more calm. Yes, it certainly is. Spencer is here with what we can expect. Larry, alma, its a lot calmer. Were very fortunate there were no fires with those hundreds of Lightning Strikes. Dry Lightning Strikes. Heres doppler 7 hd. Calm conditions, little breezy near the coast. We still have thunderstorms rumbling near the sierra with lots of Lightning Strikes accompanying those storms. We have a red flag in warning for that area. Only until 5 00 this afternoon. There is some rain accompanying these storms but so little that these Lightning Strikes could potentially be on the bay area. Most of the rain was down in the south bay and in the monterey bay area. Only 200th in san jose, 100th in napa. Live view showing a few clouds around. Lots of blue sky in San Francisco. San jose, morgan hill. 68 at half moon bay. Weve seen a few clouds over at the golden gate bridge. Mid 70s santa rosa, napa. Low to mid 80s in nevada, fairfield, concord and livermore. Nice calm, pleasant, warm weather. What does the weekend weather hold . Larry and alma. Thank you so much, spencer. We want to give a big thanks to our abc 7 now community for all the great photos and videos weve been receiving. Julie b shared this sunset photo from downtown napa. Thank you, julie. Show us whats happening where you live. Use the abc7now. It was nice. Still ahead here on abc 7 news at 4 00, more than music. The big money at this years outside lands festival. The cost of guarding tim cook. The six figure price tag to keep him safe. And Carly Fiorina didnt make the main gop president ial debate so why is there now so much buzz surrounding the former hp ceo. Michael finney is taking your questions on twitter and facebook. Hell be here to answer them live. Search for Michael Finney on facebook or twitter to ask finney. Checking our traffic on this friday, hope these folks arent trying to get anywhere in a hurry. It is 4 12 and traffic not moving very quickly at all on 80. This is through berkeley. Righthand side that is your eastbound traffic happy anniversary to me its safeways anniversary. Happy anniversary to me but youre the one whos gonna save some serious money. Happy anniversary to me right now with your club card usda choice ribeye steak is 7. 99 a pound 32ounce gatorade is 69 cents and select quaker cereal is 1. 49 happy anniversary to me. Safeways huge anniversary sale its just better. Breaking news is in from colorado. The sentence in for Movie Theater james holmes. Live picture from centennial inside the courtroom. Moments ago we learned holmes will spend life in price son without the possibility of parole. He will not get the death penalty. The decision was not unanimous which colorado law requires for death sentences. Holmes is convicted of murdering 12 people back in 2012. Happening now thousands of music lovers are jamming at the giant park. Janet has it open. It talks about the impact the event is bringing to the city. For the eighth year in a row the music will bring tens of thousands of people to outside lands. All those people means lots of money for the local community. It gets crazy. Simple pleasures cafe has doubled up their staff in anticipation of the surge in customers that have turned whats normally the slowest time of the year to the busiest. I couldnt tell you what the figure was but its like really crowded. Its an awesome flow of people going to the door all day. It will be crazy this weekend. Outside lands is said to generate 70 million every year to the local San Francisco economy. It also happens to be the biggest fundraiser for schools who recognize parking is scarce so they open up their lot for a flat fee. This is a great way for us to raise money for our school pta. Lots of ways the pta spends money on books and art flies and music supplies and supplement things that the budget cant afford. Lafayette elementary expects to sell out every single spot over the weekend. It has made as much as 16,000 in the past. This year is expected to be no different. Were super lucky and very grateful that we have this area here and can do that. Three days of fun, food and music at Golden Gate Park. Tickets sold out in an hour. Vendors are now lined up to seat the masses and the stage is set for the first performance today. Itll be fine. Some big headliners include eltonnon and mumford and sons that will be performing tonight. Since they started in 2008 it has given the recreation and Parks Department 10 million. A lot of money all the way around. In San Francisco janet oats, abc news. Two men, one armed with a handgun, robbed a u. C. Berkeley student this morning right in the middle of campus. U. C. Police say the student was robbed around 12 30 a. M. East of has pavilion. The suspect stole the victims cell phone and wallet and ran away. Campus police searched the area but did not find the robber. The student was not hurt. Governor brown has until midnight to grant parole to a trans gender inmate. They want the state to pay for the prisoners reassignment surgery. They were ordered to pay for the surgery for michelle norsworthy. The surgery was scheduled for july 1st. If its granted its not clear whether norsworthy would be able to have prison funded surgery before shes released. James shownzeld is a free man. He walked out of prison this morning after being granted parole in june. The 63yearold spent nearly 40 years in prison for kidnapping 26 children and their bus driver from the small Central Valley town of chin chill la. The children and bus driver managed to escape. Hes the second of the three kidnappers to be released. His brother richard was paroled three years ago. Fred woods remains in prison but comes up for parole again this fall. The Labor Department revealed the economy added 215,000 jobs last month. That signals a stronger job market. That news actually spooked investors. Theyre worried now a better job market may push the Federal Reserve to raise Interest Rates next month. Thus, the dow closed down 46 points to 17,373. Tim cook is the 700,000 man. Thats how much apple pays to keep their ceo out of harms way making the leader of one of the Worlds Largest conditions out of way. Amazon paid 1. 6 million to guard ceo jeff bazos while at work and on the road. Spencer is invaluable. Very. Who can put a price on that. Priceless. 7 cents. Yeah. Lets take a look at whats going on without prices. Weather conditions, its a lovely late summer day in the bay area. We have mainly sunny skies. A few clouds around. A nice sea breeze. What could be nicer . Heres the view for the rooftop camera. Mainly blue skies and these are our forecast features. Partly cloudy overnight mainly near the coast. Mild to warm afternoons saturday and sunday. It will be a little bit cooler early next week. Heres our satellite water vapor image showing the upper level low that brought us the unstable weather. Leaving california as it does so things will calm down. 7 00 notice the arrival of coastal low clouds and by tomorrow afternoon typical summer pattern will have returned. Well have coastal low clouds with a sea breeze and sunny and warm conditions in our inland and bay shore areas. The week ahead in san jose will produce high temperatures right around the average the next two days, through sunday, and they will have a little bit cooler pattern cooler than average on monday, tuesday, wednesday before temperatures bounce back and up to just above average at the end of next week. Thats pretty much a pattern well see all over the bay area for the next seven days. Again, partly cloudy skies namely near the coast and bay. Partly to mostly clear in our inland valleys and there is a slight chance of some spotty sprinkles or drizzle mainly near the coast for the greater moisture levels will be. Low temperatures will be right around 60. Tomorrow, look for high temperatures around the south bay under sunny skies. Mainly low to mid 80s up to 81 at san jose, 86 in morgan hill. Well see mid 70s to near 80 on the peninsula. Mid to upper 60s on the coast. Pacifica and half moon bay. 70 degrees tomorrow in the north bay. Mid 60s on the coast and low 80s on the inland valleys from santa rosa to napa. Over on the east bay look for highs of 74 at oakland, 79 at Castro Valley and fremont. Inland east bay will be nice and warm. Not exceedingly hot. Well see highs mainly in the mid 80s and up to 90 in antioch. A little bit warmer by a couple of degrees on sunday. Well cool down. Bounce back above 90. Well have sort of a steady, summer like pattern for the remainder of the week. Larry and alma. Thank you so much, spencer. New at 4 30, the sudden surprise for drivers in San Francisco as a tree gave way right in front of the busy road. Now from our abc studio in new york, Peter Jennings. First remembering Peter Jennings ten years after his a small brush fire near kelly park. No word yet on how it started. The fire initially grew very quickly and crews asked cal fire for help putting it out. Fire crews say they are concerned that burning embers carried by the wind could start other fires nearby. 200 bay area kids are now ready to head back to School Thanks to a free give away. Abc 7 news was in San Francisco today. Students picked up their back packs and clothing at Saint Anthonys foundation. The annual give away helps lower income families who may not be able to afford to purchase all new School Supplies before school begins. We want to build an environment where kids come in, they have their choice of clothes. They get a brandnew backpack. We want kids to feel like every other kid going back to school and thats really whats important. This is the fifth year the Saint Anthonys foundation has held a back to school give away. What a wonderful thing. Absolutely. Now a somber anniversary for our abc news