show off to the world. ask your eczema specialist about dupixent. being racist. you know what i mean? because a young black man with a camera, you know, and got a white man with an attitude and a badge, that professional cowboy says he was violently arrested by richmond police after recording the end of a car

chase. >> good evening. i'm ama daetz and i'm dan ashley. >> thanks for joining us. it happened earlier this month and now the man known as cowboy kwesi is taking legal action. >> abc seven news reporter melanie woodrow joins us live from the newsroom with the latest on this. >> mel ama and dan richmond police had stopped a vehicle they say had been involved in a shooting outside of joe's market on mcdonald avenue may 5th, around 10 p.m. as they were taking people out of that vehicle into custody, kwesi gus started videotaping. his attorney says he was exercising his rights to film police. richmond police say he was obstructing a police officer. in this video of a police stop, may fifth, richmond police sergeant alexander kane turns his attention to kwesi gus, filming the interaction from nearby, shouting expletives as he tells gus to get out of the way, out of the way so sir gus responds with expletives, telling kane to shut up when sergeant kane began pushing him. according to a complaint filed. the complaint says another bystander intervened as a second police

officer, nicholas remick, continued the assault on gus. >> i feel like being racist, you know what i mean? because a young black man with a camera, you know, and got a white man with an attitude and a badge and they essentially abused him in ways that was woefully unjustified. >> this was a person who was exercising his constitutional rights. >> the complaint alleges the two handcuffed gus, kicked him in his ankle, forced him to the ground and placed their knees on his back and ribs. also that they pushed his face into the ground. >> and when i tell you they was doing the most. most dogged, they was just they was just literally just dogging me. >> according to the complaint, gus was treated at the hospital for a head injury, lower back pain, wrist pain, bruising to his ribs and acute stress disorder. also that the encounter has affected his employment as a professional cowboy, training horses, riding in rodeos and giving lessons. >> my wrist, they hurt all the way from cinco de mayo, still aching every night. i've been

having nightmares, bad dreams. >> the complaint alleges. sergeant kane had several complaints while serving as a k-9 handler, and that this incident suggests richmond pd failed to remediate kane. >> this was a cop who was out of control. >> earlier this month, richmond police told abc seven news chief baeza french had launched an investigation into the incident by an outside entity due to the office of professional accountability being short staffed. a spokesperson said. since it's an open and active investigation, they are not releasing body camera footage at this time. kwesi says that he hasn't been able to work since the incident. we reached out to the city attorney and city manager's office for comment and have not yet heard. back in the newsroom. melanie woodrow, abc seven news. >> all right, melanie, thank you. novato police have arrested eight people in connection with what some parents are calling out of control. bullying among middle school students. this is video of the assault of two female students at sinaloa middle school friday. police say it was a planned attack targeting one of the kids. they

say a second student stepped in to stop the fight and was also assaulted. upset parents packed the school library last night looking for answers from authorities. the mother of one of the students, caught on camera throwing punches, says her daughter and others were responding to being bullied. >> they're being told they're fat, being told they're ugly. their hair is ugly. balls being thrown at them every single day of school. >> the bullying has become a huge problem. and so i'm hoping that we can address this, you know, for the rest of this year and for the kids who don't feel safe. >> those arrested are all students ages 12 to 14 years of age. >> today in san francisco, the state criminal trial against david depape began one day after he was sentenced to 30 years in federal prison for his assault on the husband of former house speaker nancy pelosi. abc7 news reporter stephanie sierra was in the courtroom today following this story. >> opening statements revealed new details about david depapes reported mental state leading up to the attack. both the prosecution and the defense made

their case to the jury. the only difference with this trial is that depape is facing more felonies that carry a life sentence, including attempted murder. chilling new details from david depapes defense team revealed he struggled with a personality disorder leading up to his attack on paul pelosi. public defender adam lipson says it involved fantastical thinking where depape believed he could read people's minds and even thought gypsy taub, the mother of his kids, transformed into a doppelganger. depape was described to the jury as homeless before moving into a garage. lipson says it was there where he would spend most of his days playing video games and watching hundreds of thousands of hours of what he described as a rabbit hole of conspiracy talk, adding the 44 year old even wanted to interview then-house speaker nancy pelosi while wearing a unicorn costume. all of this pointing to the defense strategy, lipson said, quote, you'll never hear depape say he intended to kill paul pelosi. >> the most serious charge here

is the attempted murder in order to be convicted of an attempt crime. you need to have specific intent. >> legal expert adam gassner, who has been following the case, explains depape did not meet the bar to be declared incompetent to stand trial. >> well, i think it certainly will sympathize, mr. depape. in the eyes of the jury, mental health is a crisis in this country. meanwhile the government began with crime scene photos of paul pelosi on the floor in a pool of his own blood, recounting the early morning hours of october 28th, 2022, where pelosi woke up in his dark bedroom with depape standing over him with a hammer. they want to get that emotional attachment. we'll really get a feel for what this case is all about. the jury consists of seven men and five women. >> the trial continues tomorrow, and on friday, paul pelosi is expected to testify for the i-team. stephanie sierra abc seven news. >> developing news just in the last hour, one piece of evidence in scott peterson's case will be

retested decades after his conviction in the murders of his wife, laci, and unborn son. in a hearing that ended just moments ago, a judge approved dna testing for a 15.5in piece of duct tape recovered from laci remains. the judge denied all other dna testing requests filed by peterson's defense team, the los angeles innocence project, including one for this burned-out van that we can show you. peterson was watching today's hearing virtually from mule creek state prison in the gold country. there was the van. he is serving life without the possibility of parole at that prison. >> we're learning more about the shooting that followed the skyline high school graduation ceremony last week in oakland east bay regional parks. police arrived at the scene first. they applied a tourniquet to prevent life threatening blood loss for a woman shot in the thigh before she was taken to the hospital. witnesses directed officers in the direction of three juvenile suspects on foot. they turned out to be associated with a recent carjacking of a maserati

in oakland. one was in possession of a loaded gun, and the key to the maserati, the oakland city council is meeting today to discuss the budget for this fiscal year. >> mayor shengtao released her budget proposal last week, announcing the city is facing a $117 million deficit for this fiscal year, as the council prepares its own version. abc seven news reporter ryan curry heard from two community groups divided about what should and should not be cut. >> this school disaster, fiscal disaster pointing the finger at city leaders while oakland faces a multi-million dollar budget shortfall that is top of mind for this group. >> number one is public safety that needs to stay taken care of, but expanded as well. >> the oakland city council is meeting wednesday to discuss the budget for this fiscal year. last week, mayor shengtao released her version of the budget, which mostly relies on hiring freezes and money from the coliseum sale, to close the deficit. but there is a debate

about funding the police. mayor tao's current plan freezes some positions, but the departments funding isn't changing that much. not only does this group want more police, they think the city should put as much money toward public safety as possible. >> it's not just more police. yes, we do need a minimum number, a proper ratio of police to citizens. residents of oakland. but it really should be a lot of focus on crime prevention. >> others don't agree. kat brooks, with the anti-police terror project, believes violence prevention is achieved with more funding for social services, not police, making sure that the city is still running, making sure we have after school programs, making sure that people have social services and resources and we keep divesting or not investing in those things that we continue to invest solely and only in the carceral state. we reached out to the mayor's office for comment and we're waiting to hear back. last week, she said the main focus was keeping public safety funded in order to close our current deficit. >> i directed city administrator justin johnson to propose a fiscally responsible bill. but midcycle budget adjustment that

prioritizes essential services, city council member dan cobb says he doesn't want to take funding away from the police department. >> certainly, retaining our public safety, personnel, and making sure that we are, you know, not dropping that down is critically important. >> do your job. >> wednesday is the first of several council budget sessions. the city council has until the end of june to submit its version of the budget in oakland. ryan curry, abc seven news coming up, suspended for 60 days. >> you're going to hear from the san jose state professor who says she was suspended over her stance on the war in gaza. >> and then a little later, the lineup for san francisco's outside lands music festival was just announced. today, we're going to tell you who you

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uc system has handled pro-palestinian protests in the last few weeks. a group of union members went on strike at uc santa cruz earlier this month. they're asking the universities to drop disciplinary and criminal charges against its members. the uc system argues the strikes violate the union's contract. >> a san jose state professor said she's been suspended over her stance on the war in gaza. she said the suspension is stepping on her constitutional rights and sets a troubling example. abc seven news reporter zach fuentes has more from the professor and the university. >> doctor san, kill wears a lot of hats at san jose state university. that includes her role as professor in the justice studies department, and also as faculty advisor for students for justice in palestine. i've been there for 17 years. >> like, i love my university, i love my job. i love the things that i do. >> doctor kill said she served as a liaison between administration and protesters involved at the encampment set

up on campus earlier this month. on may 24th, kill received a letter from the university's vice president of personnel stating that she'd been suspended. doctor kill shared the letter with abc seven. it said that the suspension was for repeated violations of university policy, despite notices. it said that that included things like directing students to violate university policy and also harassing and offensive conduct and comments toward colleagues. doctor kill said the accusations are false. >> they made wild accusations baseless, with no evidence that i directed the students to do a march through the student rec center that never happened. we did not march through the student rec center. the other thing they said is that i directed the students to lay down their camps, and the students refused to listen to my orders and like, again, that like, did not happen. >> on its website, the university says it enforces a time, place and manner policy. it says it's in place to ensure that freedom of expression doesn't interfere with university functions, safety or damage facilities. >> we have a constitution right

to free speech. we have a constitutional right to academic freedom, and we have a constitutional right for freedom of association. and these time place manner policies really impinge upon all of those kills. >> suspension is for at least 60 days. it cuts her off from communicating with students and keeps her from teaching two summer courses and the income from them, she said she was counting on. >> i really think that they're trying to make an example of me, since i was the only vocal, outspoken faculty that supported the students. >> abc seven reached out to the university, which said that it does not comment on personnel matters. in san jose, zach fuentes, abc seven news. >> coming up, 20,000 music fans and hopefully an injection of millions of dollars. we'll tell you about this

d'aw rave this saturday at civic center plaza, and since it sold out in just over 24 hours, it

got us wondering, could this be the kind of event the city needs as it recovers from the pandemic? abc seven news reporter luz pena looked into it . >> over 20,000 music fans are coming to downtown san francisco, and it all started with this post on x. >> there were some hints about it. skrillex and fred again had announced on social media that they are. they've got some new music and they're anxious to preview this, and there were some hints that it might come a week later. >> those hints have now solidified with a sold out outdoor electronic music dance party set for saturday, june first at san francisco's civic center plaza. this is the line between my district and supervisor dean preston. >> district i know we both really are supporters of doing anything we can to activate the neighborhood restaurants. >> pasco is right across civic center plaza. they found out about the dance party at the same time everyone else did last minute. >> now staffing changes, hours change. big crowd. you know it

makes for a good week. it gives everybody an opportunity here to make a little bit of extra money . >> according to the event organizers, another planet entertainment, the event is expected to inject tens of millions of dollars into san francisco's local economy. a huge boost for downtown. >> i don't think that there's really that one silver bullet when it comes to you know, revitalizing and reimagining downtown san francisco post-pandemic. but having that consistent drumbeat of exciting events and activations is definitely going to be a big factor. >> nightlife and entertainment were among the industries hardest hit during the pandemic, but the city believes they will be vital to san francisco's economic recovery. >> for example, our downtown energy grant program is a $500,000 grant program with grants of up to $50,000 for existing downtown nightlife, entertainment, arts businesses to support new creative projects, even though san francisco is not the one behind this weekend's event, the city is putting money towards future

events. san francisco is one of the world's great music cities, and events like this help remind everybody of that fact, and we want to keep reminding everyone of that fact in san francisco. >> luz pena, abc seven news. >> there's another great music event, the outside lands star studded day by day lineup just came out. expect to see tyler, the creator, the killers and sturgill simpson headlining in san francisco's golden gate park, plus post malone, daniel caesar, young the giant, k.flay fletcher and chappelle will hit the main stages. the outdoor festival runs august 9th to the 11th. three day passes are on sale right now, and single day passes will be available tomorrow morning. >> a campaign to build a cultural hub for the black community in san jose got a financial boost today. congressman ro khanna announced a $4.8 million federal grant for the african american cultural center of silicon valley. the center would create a complex with affordable housing and a community center that will house several nonprofit agencies. the

center has a $200 million price tag. proponents are launching a fundraising drive to secure $50 million for the project this year. >> all right, let's turn to the weather forecast. lovely day. the wind did die down. >> yeah, a little bit. let's get to abc seven news meteorologist sandhya patel. sandhya. yeah. and you can feel the warmth out there, dan. >> and let me show you live views from our tower cameras right now. you will see sunshine no matter which camera you're looking at right now. and that is just a sign of what's to come. it's a warm one inland right now in the upper 80s. but look at saint helena. it's already hit 90 degrees 65. in the city, everyone else in between, compared to 24 hours ago, you are running higher in terms of temperatures by ten degrees in livermore, five degrees warmer in san jose, up eight, oakland, san francisco up five. in santa rosa. the warmth is going to continue as we head into graduation time for foothill high school tomorrow in pleasanton. 6:00. it's going to be 82 degrees. good thing you have your caps because that will

help protect you a bit. certainly will be a slow cool off and also graduating is justin-siena high in napa tomorrow, 6:00 upper 70s eventually dropping down to the mid and low 70s. a lot of sun out there. beautiful weather for you guys and congrats to all of the graduates. as we look at live doppler seven here. high pressure is pretty much in control of our weather, which is why we have been experiencing the warmer conditions today. it is still gusty. the winds have picked up sfo 33 miles an hour right now. san jose out of the northwest 28. so we're going to continue to deal with the winds. tonight at 6:00. you will notice up to 40 mile an hour winds along the coast. certainly will be gusty along the coast as we head into the late night hours. but inland areas, you notice the drop off in the winds and tomorrow morning it's actually going to be lighter wind. tomorrow afternoon. not quite as windy as today, but it is still going to be warm. so if you don't like this pattern then you know what's coming tomorrow. on friday, as we look at a view

from oakland airport. camera clear skies, summerlike heat, weekend weather, cooler start to june and next week that heat returns in our inland areas. so speaking of the heat, still going to be pretty warm at 6:00 tonight. you will notice 80s there. coast side cooler at 8 p.m. we're looking at still mild weather inland. and then as we head into tomorrow morning, mostly clear other than a few patches of fog tomorrow afternoon, quickly warming back up into the low 90s for our warmest spots, and then later on in the evening. it's going to be a slow drop off in the numbers tomorrow morning. 40s and 50s. most areas will start out with clear skies tomorrow afternoon in the south bay, 85 in san jose and gilroy. it's going to be bright, sunny day 78, in palo alto on the peninsula, 60, in half moon bay, downtown san francisco, 70 degrees north bay. temperatures upper 80s from sonoma to santa rosa 83 in san rafael in the east. bay 78, oakland 81. fremont head inland and it's going to feel like summer 92, in fairfield, 88, in livermore. accuweather seven day forecast. the 90s will hold on friday inland, but the coast

will begin to cool and you will notice that everyone cools off over the weekend, but it is still going to be very pleasant for the first weekend of june, 50s to 80s. next week, we'll bring that heat back. >> ama and dan. all right. sounds great. thanks, andrea. all right. >> the mystery continues over what may be causing brown pelicans to starve along the california coast, but it appears to be weather related. since late april, nearly 340 emaciated pelicans have been taken to wildlife rescue centers in california. experts say the birds are having difficulty finding fish, and almost 40% of them have been found entangled in fishing line and hooks. storms have made the water off the coast choppy and murky, which makes it hard for the birds to see the fish that they need to catch to survive. testing on the birds has not revealed any diseases such as bird flu. >> still ahead, major league baseball rewriting its history as it officially adds league

>> david: tonight, breaking news involving donald trump. the jury now deliberating his fate and the two key questions late today from that jury. also breaking, we have learned of a very close call between an american airlines passenger jet and another plane. first tonight, the case goes