and tornado ravaged communities across the u.s. getting hit with a new round of storms today. we're going to hear from residents trying to ride out the rough weather. >> i have never prayed so hard in my life. we begin in pittsburg where police are accused of unnecessarily escalating a confrontation with a man suffering from a mental health crisis and then shooting him. good evening, i'm ryan yamamoto. >> i'm elizabeth cook. the former officer who pulled the trigger is no stranger to lawsuits. the city of pittsburg paid more than $7 million in a prior case alleging violations. that officer has been charged in connection with the scandal that sparked a federal investigation into the pittsburg and antioch police departments. kevin koe has body camera footage of the shooting

that prompted this new lawsuit. is >> reporter: it sounds like you don't feel safe right now? >> i don't. >> reporter: this footage provided by lawyers for the people shows ashton porter going through what a new federal lawsuit claims is a mental health crisis at a hampton inn in pittsburg. porter locked himself inside the hotel room. >> at any point in time, we're going to make sure you come out and everything is safe. >> reporter: the body camera video shows the battered door to the hotel room after officers tried to break in. the man speaking is lieutenant william hatcher. one named along with the city of pittsburg. >> i've been nothing, but honest with you. >> i know, i don't feel safe. >> reporter: but they show officers deploying tear gas

into porter's room. porter eventually walks out. before she's shot by rubber bullets and shot by by ernesto's firearm. according to the lawsuit, he told investigators porter was sprinting down the hallway, directly at him with a knife. while porter's lawyer says body camera footage does not support the claim. and that porter was holding his hands above his head. >> it almost cost this man his life and this woman her husband and these kids, their father. >> reporter: the attorney sat side by side on tuesday. speaking about the lawsuit filed in u.s. district court. >> i'm just taking one day at a time, to get into it day-to-day and this will mean so much of the mental drain on

me for the past two years. >> reporter: we reach out to the city attorney and the city manager of pittsburg, but they did not respond for comment. one of the officers named in the lawsuit is no longer with the city's police force. after he was arrested by federal agents last year. mejia errasco said they earned a college degree to receive education bonuses. but hired people to attend classes and take tests for them in 2020. the city of pittsburg agreed to pay $7.3 million to the family of humberto martinez, after he was killed by mejia errasco after the chokehold. >> he's one of the officers in antioch and pittsburg facing federal indictment. the accusations range from illegal steroid distribution to benefits fraud to excessive force. some police departments are teaming up with counselors in hopes of preventing

escalations during situations like the ones we just saw in pittsburg. it happened at some point in their life. >> were you worried about what would happen when the police came into the house? >> yes. >> what did you think would happen? >> the last time i had a manic episode, they ripped that door off. >> tonight on the cbs evening news, a look at the unique program making counselors available virtually and on demand and whether it could help nationwide. i'm anne makovec with the latest on david depape who was sentenced to 30 years in prison. he had to be resentenced after a mistake during the first sentencing when the judge didn't give depape a chance to make a statement. well, he made one today, apologizing fo assaulting paul pelosi, the husband of the former house

speaker. it happened back in 2022 after he broke into the pelosi's san francisco home. in november depape was convicted of assault and attempted kidnapping. today he said he should have left when he found out that nancy pelosi was not home. we heard today from depape's adult son. >> despite the statement of remorse, they still gave him the absolute maximum sentencing, which i think a lifetime sentence is quite harsh and also quite convenient. >> and then he launched into conspiracy theories that prosecutors also say motivated depape during the attack. depape's sentence is technically 30 years for the assault charge, 20 years for the attempted kidnapping. those both being served at the same time. as his federal case wraps up, depape is facing trial in state court. a hearing in that state case is scheduled for tomorrow. ryan? >> all right, thanks, anne. in san jose, police arrested a homicide suspect after barricading himself inside a home during an hour's long standoff with officers. it

happened on the 300 block of north 20th street in the julian neighborhood. this is near san jose high school. police were responding to reports of a shooting in the area. officers say one of the victims was taken to the hospital with minor injuries. then later officers located a second victim. the body of the woman who was shot and killed. this is the city's 16th reported homicide this year. closing arguments are wrapping up in the criminal trial of former president trump. for weeks the jury has heard testimony and tomorrow they're expected to begin deliberations. michael george is outside the courthouse in manhattan with the details. >> reporter: former president donald trump headed back into court tuesday to hear closing arguments from prosecutors. he's charged with falsifying business records to interfere with the 2016 election. >> they are going to really want to take a broad look at all of the evidence. take a walk down memory lane over the past five weeks of testimony. >> reporter: the prosecution defended the credibility of their key witness in the case,

michael cohen, telling jurors his testimony lines up with a mountain of evidence shown at trial, urging them to hold trump accountable. before lunch, the jury heard three hours of closing arguments from defense lawyer todd blanche attacking cohen. cohen testified he was acting on trump's behalf when he paid hush money to stormy daniels, prior to the 2016 election. >> they're hearing a constant refrain from the former attorney who is cohen the liar, cohen the liar, cohen the liar. >> reporter: blanche concluded by asking them not to send their client to prison. after the judge left, he reprimanded blanche, calling the comment outrageous. outside the courthouse today, there's a steady buzz of energy as multiple people would step up to the microphones, firing up demonstrators. two of his sons spoke during lunch, calling the trial a political persecution. >> it is an insanity and an embarrassment. it's an abomination to democracy and our republic. >> reporter: earlier they held

a news conference. >> we are here primarily because of the threat to donald trump and with a he poses to the united states of america and to our democracy. >> reporter: biden's campaign was joined by actor robert de niro and two former police officers who criticized trump for his role in the january 6 capitol riot. >> in a separate criminal case, a judge in florida has denied a request from the prosecution to bar trump from making public statements that could endanger law enforcement. last week he falsely claimed the fbi agents who searched his florida estate back in 2022 were authorized to shoot him. trump is accused of taking classified files from the white house and then resisting the government's attempts to retrieve them. the judge overseeing the case is a trump appointee. well back here in the bay area, a foul smelling mess forcing a group of seniors to evacuate their homes. they say this is just the latest in a long list of problems. >> it makes me feel horrible because they don't deserve it. just because they are low

income. >> and coming up at 5:30, we will hear from residents about their memorial day nightmare and why some are afraid to speak up. volunteers are working on what will be one of the largest murals in the country. take a look at the paint job so far. 12,000 square-foot mural will cover the length of the city's business district. it was designed by local artist known as jimmy paints. business owners say the vibrant mural will represent a sign of hope especially after the pandemic. >> looking at this now, it really means the world to me to know we have come out of this and we're going to be embarking on the beautiful adventure with the art. >> the san jose downtown association says more than 1,200 volunteers signed up to help paint the mural. the project is expected to be completed by next week. get ready to play ball. the oakland ballers will play their

first ever home game in front of the sold out crowd next week. >> the team says the demand for tickets has been overwhelming since they first went on sale. our chopper got a good look at raimondi park this afternoon where crews are putting in the finishing touches on the team's new 4,000-seat stadium. >> yeah, the team invested over $1.6 million on renovations to the park. the ballers will play the yolo high wheelers next tuesday. this season you can catch the ballers on friday nights right here on cbs news bay area. the first televised game is a week from friday, june 7 at 6:30. of course, we'll bring you eight additional games throughout the summer. all right, still ahead, how a gallery owner is shining a spotlight by giving asian-american artists a platform. >> i want to create a space in coming back to san francisco. that is warm and welcoming. >> and a new effort to protect firefighters in california. why their gear could be making them sick and how one bay area lawmaker is hoping to help.

a crucial hearing in the scott pedersen case is just hours away. how they could determine whether the convicted killer gets a new trial. and coming up in the forecast. did you notice the warm up today? two to three degrees for most of us. not here where the wind is still streaming through the san bruno gap, but just about everywhere else we started today. a look at who hits 90 over the next three days. forecast on that is coming right up. ( ♪♪ ) you made a cow! actually it's a piggy bank. my inspiration to start saving. how about a more solid way to save? i'm listening. well, bmo helps get your savings habit into shape with a cash reward every month you save. both: cash reward? and there's a cash bonus

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well we're following new developments in the riff between governor newsom and the california teachers association over the proposed cuts to education spending. the governor recently released budget plan calls for $150 less per student compared to the previous proposal. last week the teachers union launched an ad campaign calling him out for his plan. today they told us the two sides have reached an agreement, which includes no immediate cuts to school funding.

now to a live look at the state capitol where lawmakers are pushing to protect firefighters from cancerous chemicals in their gear. san francisco assembly member, matt hainey introduced a bill for banning the use of forever chemicals known as pfas from the fire fighting equipment. the epa linked the chemicals to decrease fertility, cancer risks, even developmental delays in children. >> the people who protect us need to protect themselves and when there is gear that is available that does not have pfaz, our firefighters immediately have access to it. >> california previously passed legislation in 2020 facing out the use of certain fire fighting foams that contain the forever chemicals. an update on the fire that tore through the east oakland lumber warehouse. they have identified an area of origin where they believe that fire

started. they are still working to determine what caused that fire. the flames erupted on friday night with about 80 firefighters that keep it from spreading to nearby properties. crews spent the day pulling the building apart, dousing out the last of all those hot spots. right now about a million people in texas are without power as another round of storms batters the region. at least 24 people have been killed since a tornado outbreak began last week. what people there are facing. >> reporter: parts of the central u.s. in the cross hairs of savage destructive storms. torrential rain and powerful winds whip through the dallas, texas area early tuesday, bringing large hail to some areas. the widespread damage to some homes and businesses on par with what was suffered over the past weekend from deadly tornadoes across the same region.

>> i have never prayed so hard if my life. >> reporter: texas was among the hardest hit with several fatalities and many survivors still reeling from other difficult losses. >> we've lost cows, we've lost pigs. we've lost one of our dogs. my husband has lost his horse. >> reporter: tuesday's new wave of storms also striking on primary election day in texas, leaving more than a third of one county's polling places in the dark. >> and the declaration of disaster as we have hundreds of thousands of customers without power. >> reporter: more than 750,000 customers as tracked by power outage. about half of those in dallas county. >> this unfortunately will be a multi-day power outage situation. >> reporter: critical infrastructure like hospitals and emergency response services will be prioritized for service before residential homes. the severe weather threat will continue for texas and for parts of oklahoma and louisiana into the evening hours. another nine million people face a

similar risk in the high plains wednesday from northern colorado up until north dakota. >> now adding to the issues in west texas, extreme heat with temperatures approaching 110 degrees. okay, talking about our weather right now. joining me now is darren peck, our meteorologist in the virtual view center. we're so lucky, so lucky we don't have those winds that cause that kind of damage. but the winds are a factor still here in the bay area and along the coast? >> they control all the micro climates. the winds are the deciding factor between why some parts of the bay are in the 60s and other parts in the 90s. today is a nice example of a wind climate moving across the bay. we will spotlight how things are playing out today. but the overall theme, today most of us started warming up. but in general most parts across the bay warmed up 2, 3 degrees today. even in the city, you might not have felt it all that much. in the city

or on the peninsula because of the wind. if we use that virtual map, there's a classic pattern around here and what's known as the san bruno gap. a little gap in the mountains here from san bernardino mountains and the rest of the peninsula hills. the wind streams are color coated. when you get into the shades of orange, those are 30 miles an hour winds on there. what you have is the strong cold breeze that's rushing into the gap. and sure you warmed up to the 60s today. in fact let's put the numbers on for where we will be over the next 24 hours. your numbers will go to the low 60s, but you need to factor in a windchill on that now. that's the story for fib winds picking up. and let's get your daytime highs on here. if you're stuck in the 60s, which is where you are for san francisco with the windchill. if you're inland, then you felt the warm up today. going back to the low to mid-80s

here. the next several days will be particularly thursday and friday, they will be dominated by more sunshine, warmer temperatures, and a little bit less of that breeze. so even for places like san bruno of san francisco. it's not going to turn off completely. but the wind will die down from what we're just looking at. the low 80s for the trivalley. so we're looking at tomorrow's daytime highs. this is your wednesday. thursday and friday are the peak and thursday and friday's numbers will be noticeably higher than that as they will continue. and so let's get back into the forecast. remember the pool of orange that we were just looking at on the map. there it is. the same imagery, the traditional stuff that we would use to show you how the winds were streaming through there in a bit. and that is dominating our weather and this dip in the clouds that you don't necessarily see it all that well. but all of a sudden it will become up here on the

water vapor with cool air pouring out of the gulf of alaska. it's not necessarily getting here, but the heavy mass is pushing things onshore and that is what's driving the marine layer in and keeping things cool and the winds going. here is how it changes. over the next two days, that kind of trough out there will be replaced by the building bubble of high pressure. you'll see it out there. they will build off the coast. that's thursday and friday. this now will change them for the next two days on wednesday and thursday. there won't be any marine layer. it will be clear to start both days. those are the days where the temperatures will start climbing. with the warm up in mind, let's go to the seven-day forecast. we will take a look at how that will play out. obviously this will be felt more in the inland micro climate. more than the bay with a 90 on here. now remember that difference from

wednesday into thursday. you're mid-80s tomorrow, but then you're 90 on thursday as you start coming down here into the weekend, but there's a warm up back here. as we would get to tuesday and the long-range forecast models going towards the middle of next week, we are probably going back to 90s. that's down the road. at least for the weekend, you don't come down. you will be about 10 degrees cooler for saturday and sunday then you will be for thursday and friday. so you kind of start thinking about your week in those terms. it's not as dramatic as the interior of the bay. so the one thing that does stand out for locations that are right through the heart of the bay will think of the peninsula that these are clear days. morning, noon, night. no marine layer as we would start out clear and you warm up into the mid-70s and it's coming back. really by friday. the marine layer will start filling back in and it will feel that way. through the weekend, we will bring back the temperatures again. >> thank you so much. still ahead here at 5:00, a few effort to save you time on your next trip to the dmv. the

newly unveiled changes. >> it is kind of a surreal feeling. >> grading the space for local artist. meet the gallery director amplifying the work of young asian artists.

well all month we've been highlighting the asian american pacific and islander community for aapi heritage month. >> shawn chitnis has a story of a woman who set out to create a more inclusive art gallery in san francisco. >> reporter: there is something special about san francisco that made it possible to build a space for emerging artists in the bay area. born and raised in the city, it means a lot she

can be the one providing them that platform as the founding director of this gallery. >> it's kind of a surreal feeling. when i started glass rice, i didn't know how long it was going to last. >> reporter: the current exhibition big bloom highlights many aapi artists including some based in san francisco. >> she paints a lot about her korean american experience. >> reporter: she didn't set out to spotlight any one particular group. just those who were looking for support and who she admires. she found a lot of them by looking on instagram. many of those artists turned out to be women and people of color. >> it is just beautiful the way she paints. >> reporter: she went to an all girls catholic school from kindergarten to tenth grade. >> i did feel like i was missing something. >> reporter: she decided to attend an international school in beijing for the rest of high school. it is there she discovered her passion, inspired at the time by chinese contemporary art. >> it is so fun and it was

truly like an incredible experience. i met people from all over the world. >> reporter: and then in college, she studied in new york, finding the art world to be exclusive. >> it was hard to ask questions even when i had to do this for homework. it was terrifying. >> reporter: her time in china and on the east coast together inspired what would become class rice. a place that embraced her hometown's history of innovation towards the arts. >> i want to create a space in coming back to san francisco that is warm, welcoming. >> reporter: she continues to expand that effort with a new concept store at her gallery. >> starting the map, i wanted to make art more accessible. >> reporter: in addition to the art on the wall, guests can buy one of a kind handmade pieces on display in the gallery second room. >> it is still a piece of art and something that you could take home at a more affordable price. >> reporter: helping more people get excited about art

and even start collecting. >> when you have that, just super big connection to it and that is beautiful. >> reporter: a journey from coast to coast and the other side of the world to showcase art how she believes it was always meant to be celebrated. >> i'm incredibly grateful that i have been able to continue to do this and to support the artists and to have a space that people will feel welcomed and inspired by. it's the greatest feeling on earth. >> and for more stories, highlighting the bay area's aapi community, just head to kpix.com. you can also watch our special roots and resilience on our youtube channel. coming up at 5:30, meet the woman fighting senior rights after they were forced from their east bay home because of a sewage leak. >> it will make me feel horrible because they don't deserve it. >> and convicted murderer scott peterson fighting to clear his home with the help of the l.a. innocence project. what the

group is requesting at tomorrow's hearing. and a troubling story from the sierra where a man shot and killed a bear cub inside a home in tahoe. what we're learning about the deadly incident how did i ever miss this? before you were preventing migraine with qulipta?

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right now at 5:30, the white house now weighing in on the israeli air strike that killed dozens of people in a displaced californians. the