opened fire on him during what he says was a mental health crisis and an alleged fugitive out of massachusetts who police say was on the run for more than a decade, is arrested in the east bay. and details on the siding this week off point raise of one of the rarest whales in

the world. >> this is ktvu new fox two news at 730. >> good evening, i'm greg lee. the city of pittsburgh and one of its former police officers are facing a new lawsuit. after that officer opened fire on a man who says he was suffering a mental health crisis. as ktvu henry lee tells us that officer ernesto mejia orozco has a history of alleged misconduct. >> just taking it one day at a time. >> ashton porter says he's lucky to be alive after he was flushed out of a hotel room with tear gas and then shot and wounded by pittsburgh police during a challenging time in his life. >> police should just have a little more compassion with someone that's going through a mental health crisis, because that's not how that person should be defined. >> it happened in 2022, when porter was too scared to leave a room at the hampton inn. his attorneys released, edited video from police body cam footage. >> he just is refusing to open the door or doesn't want to have a conversation. a mental health team showed up to de-escalate the situation, but his family says police sent them away. >> i promise you, my guys will

not lay a finger on you. you're not going to get hurt. >> but instead, police stepped up the pressure and it's about to get a whole lot worse for you, man. >> at any point in time, you want to listen to what i've been trying to tell you. we're going to make sure that you come out and everything's safe. >> officers used a battering ram, pepper spray and tear gas to force porter out of the room. and just moments after porter left his room with his hands up, an officer shot and wounded him. police said porter had a knife and charged at them. why did the police turn this from being a mental health wellness call into what looks like a military operation? on tuesday, attorney edward poynter filed a federal civil rights lawsuit against the city of pittsburgh, saying police failed to give porter time and distance after police were called to help, asking for help, but was met with harm, was met with bullets. >> police who, if you will see things as if they're hammers, saw mr. porter as a nail. >> the officer who shot porter, ernesto mejia orozco, resigned from pittsburgh police that same

year. he's also facing federal charges that he paid someone to take online courses for him so that he could boost his pay. he's also been charged by the contra costa da with accepting bribes, including tequila, to drop traffic tickets. >> it's surely is close to the most stark example of a police department that is acting unhinged. >> what happened was unjust. nothing was okay about it. >> natalia metz is one of porter's six children. >> i felt like it was our fault that we called the police and we shouldn't have. i'm just grateful that he is here. i just wish that. who do we call on when the police is not doing the right thing? >> the city of pittsburgh has not responded to this lawsuit in court. the former top cop in pittsburgh, who is now interim chief in antioch, declined to comment. now, i've learned that the former officer involved is expected to change his plea next month to both the federal online college scheme, as well as the state bribery case in pittsburgh. henry lee ktvu, fox two news a federal judge today kept the 30 year sentence she

handed down earlier this month in place for david depape, the man convicted of assaulting paul pelosi. >> when the judge initially sentenced depape, she did not give him the opportunity to speak. in his own defense, depape was given that opportunity today saying about paul pelosi, quote, i never meant to hurt him and i feel horribly for hurting mister pelosi. meanwhile, attorneys in the state trial debated over whether that trial should proceed. defense attorneys argued depape should not be charged twice for the same acts that would amount to double jeopardy. the judge today deferred making a ruling on that , so the state case will get underway tomorrow. new at 730, the u.s. marshals service says a man who has been on the run for 16 years following a rape and kidnaping conviction, was arrested today in the east bay. toon kit lee was dubbed the bad breath rapist. authorities say he's been a fugitive following his 2007 conviction for raping and kidnaping a young woman in quincy, massachusetts. investigator say they found him living in diablo, near danville. the arrest today involved a number of law enforcement agencies, including the u.s.

marshal service, danville police, and the quincy, massachusetts police department. an inmate with a violent past has escaped a jail south of gilroy. the san benito county sheriff's department says daniel lopez zavala climbed over a barbed wire fence at the correctional facility in hollister around two this morning. deputies have yet to track him down. he was last seen wearing a brown jail shirt, orange pants and black shoes. his criminal record includes felony gun charges and child abuse charges. anyone who sees zavala should immediately call 911. the san francisco district attorney's office has a new director of its victim services division, mayor london breed and other city leaders announced. ivy lee has been appointed to the role. she's a civil rights attorney and was previously a legislative aide. the victim services division, or vsd, is in charge of supporting and educating crime victims about their rights and the services available to them. >> we need the city every single day department of this city to stand up and put their money and

their make their words into actual action. they need to support the people in this room and beyond who are doing the work. >> the vsd helped more than 9600 victims of violent crime last year in san francisco. the department of public health is urging people to get fully vaccinated against m-pox health officials recommend vaccination for all men, trans people and non binary people who have sex with men, trans people and non-binary people. health officials say they are not currently tracking a rise in mpox cases in san francisco, but they are seeing an increase in other cities, including new york and chicago. >> these are very plentiful and available right now without much of a line, so i think it really behooves us all if you're at risk to go and get that vaccine and, you know, believe me, based on the patients have taken care of, who got them pox, it's a really painful illness that can last weeks.

>> the two dose vaccine is available at the sf city clinic and the san francisco aids foundation clinic. new at 730. fire investigators in oakland say they're getting closer to finding the cause of a four alarm fire over the weekend in a lumber warehouse. the massive fire broke out sunday night at economy lumber on high street near interstate 880, fire officials today said. an area of origin within the building has been identified. the fire investigators are still trying to determine the cause of the fire. the fire sent up a huge plume of black smoke, causing concerns about air quality in the area. no one was inside the building at the time of the fire and no injuries were reported. state and local lawmakers are pleading with governor newsom to reconsider cutting funding that was going to be used to fix california's most dangerous train crossing, which is on the peninsula. there have been 22 crashes at the broadway caltrain crossing in burlingame over the last decade. plans to improve safety there have been in the works for more than 20 years. the california public utilities commission says the crossing is

its number one priority. the original state budget allocated $70 million to realign the roadway to run underneath the train tracks, but the money was rescinded in the latest budget proposal. there you go. >> can you imagine that train hitting a car? well, it happens, and it's happened a lot. >> construction can begin on this project next year, in 2025, without the $70 million addition from the state that we were promised and committed a year ago. the likelihood of breaking shovels next year is slim to none. >> to help close the state's budget shortfall, governor newsom's revised budget also cuts $20 million for two similar projects in mountain view and palo alto. still ahead, what we're learning from scientists about the signing of an endangered whale. off point raise. also ahead, why drivers may want to take a detour around a busy san francisco thoroughfare this week.

>> anna barry weather. here's a live camera above san francisco. so lots of clear skies right now. a bit of a warming a slow network is no network for business. that's why more choose comcast business. and now, we're introducing ultimate speed for business —our fastest plans yet. we're up to 12 times faster than verizon, at&t, and t-mobile. and existing customers could even get up to triple the speeds... at no additional cost. it's ultimate speed for ultimate business.

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scientists. government researchers spotted the whale on friday and are now asking people to keep an eye out for more ktvu. crystal bailey has more. after speaking with marine life and science experts. >> spotted in the cordell bank west of point reyes, north of

the farallon islands, was a pacific north right whale, one of the rarest of the rare endangered species usually traveling between the u.s. and canada. >> we think that there are fewer than 50 individuals in this particular population, so we consider them to be incredibly rare, making sightings such as the one that just occurred very important and very exciting for us because with only 50 or fewer, we don't get to see them very often at all. it was seen on an ocean research cruise by the national oceanic and atmospheric administration, or noaa, on their ship, bell m shimada, while researchers were monitoring ocean health, evaluating water temperature as well as seabird and marine life populations. it was just kind of hanging out, which whales can tend to do, and when they're sleeping, they tend to float near the surface and come up to breathe. every so often we've learned there have only been 18 confirmed sightings off the west coast since 1955, including one in march 2023 down in monterey bay.

>> experts say these types of baleen whales are endangered because of 19th century commercial whaling, even though harvest of right whales was outlawed in the 1930s, there ended up being illegal whaling by the soviet union in the 1960s and 70s that basically crushed what was left of the species. whaling is no longer a serious threat to north pacific right whales, but fishing gear, marine debris, climate change and oil and gas continue to endanger the species. >> sightings are coming up a little bit more frequently now, but we don't know necessarily that that indicates that the species is recovering at to any degree. >> noaa researchers asked folks to report any sightings to them so they can better track the whales to learn how to report the sightings, you can visit our website ktvu.com for more information. crystal bailey, ktvu, fox two news. >> well, barry temperatures will be trending up over the next few days. in fact, today we started that process somewhat in a few

neighborhoods. but still, we're not talking about any extreme heat this week. still some 80s to report in santa rosa, napa, fairfield and antioch. san jose, 76 and san francisco 61 degrees. so tomorrow will be warmer. probably the two warmest days of the week will be thursday and into friday. that means the warmest temperatures will be a good 6 to 12 degrees above the average. the warmest locations will be close to 90 degrees, or a 90 to maybe a few spots. getting close to 92 by thursday. here's the satellite, where you can see mainly the low clouds and fog. not here in the bay area, but down in southern california, down toward santa barbara and los angeles. but we have mostly clear skies right now. we also have some breezy to windy conditions. the winds picked up this afternoon, which is pretty much right on schedule . and right now you can see winds at the oakland airport, winds westerly at 13 miles an hour out toward sfo. winds westerly at 14. so these these numbers have backed off quite a bit over the past 2 to 3 hours. sfo earlier during the 4:00 hour, we had winds gusting over 40 miles an hour. here's our live cameras. you can see

looking out toward the golden gate bridge, the marin headlands, and we'll go ahead and drop in some of the current numbers out there. you can still see some 50s, 60s and some 70s, so still fairly warm for this evening as far as overnight temperatures. we will start out tomorrow morning with partly cloudy skies and some patchy fog. santa rosa forecast low of 50 degrees. san jose 53, in morgan hill in the upper 40s. we'll have partly cloudy skies and some patchy fog out there first thing tomorrow morning. here is the forecast model as you can pick out. and still some patchy overcast out there tomorrow morning with temperatures mainly in the 50s. and then as we head into the afternoon hours, we put this into motion. we can see lots of sunshine out there and temperatures on track. there's a big temperature range tomorrow from around 60 coastside warmest locations inland in the 70s to right around 80 degrees. so if you're at the beach, temperatures mainly in the 60s. here's our temperature sensor. if you are heading across the bay, obviously you can see those numbers heading trending up and temperatures inland. the warmest locations will be on track to

reach the low to possibly the mid 80s around 3 or 4:00 tomorrow afternoon, around 86 degrees out toward antioch and brentwood. so here's a change developing offshore. this area of high pressure wants to build in so at least two days for thursday and into friday. wednesday and thursday we have the warm up out there and then into friday it's still fairly warm and then will shave off a few degrees as we head into the weekend. take a look at the numbers for tomorrow. san francisco 67, oakland 74. santa rosa mid 80s, antioch 86 and san jose. a forecast high of 80 degrees tomorrow afternoon. here is a look ahead. your five day forecast. it is warm to hot on thursday. warmest locations it says 89, but we'll probably have a few spots right around 90 or 91 degrees on thursday. not too much change into your friday and then we'll cool things off by just a few degrees as we move into the weekend. so warming up in the short term and then cooling off as we head toward the weekend. all right. >> looks good mark. thank you. still ahead at 730, a major road project is in the works in san francisco. how it could cause

traffic headaches this week along busy 19th avenue and friday night lights could be brighter at a north bay high school. the effort to install permanent stadium lights in its sports field and the clean energy breakthrough made by scient ts r ht

public schools from nearly $9 billion in immediate cuts. but the california teachers association argued it would cost districts nearly $12 billion in the future by changing the formula for public spending on schools. the agreement will not reduce guaranteed spending for schools as much as originally planned. caltrans will be closing a section of 19 avenue in san francisco starting tomorrow to make some major pothole repairs. the closure rus

across a three block stretch betwee sloat andaraval. crews will be working from 9 a.m. to 3 p.m. when all lanes will reopen. the closure is expected to last through this friday, the 31st. the closures this week are part of a more extensive repaving the city's public works has planned for 19th avenue. renovations include water and sewer, main replacement, traffic signal work and curb ramp installations. the 27 month project began in november 2020, with repairs from noriega to taraval. 19th avenue between san francisco state university and golden gate park set for repairs in spring 2025. hundreds of union workers at ucla joined a growing strike across uc campuses today. teaching assistants, researchers and graders are demanding that the university disclose and divest funds related to israel and grant amnesty to protesters who were suspended or arrested. they join an estimated 12,000 protesters, including those walking the picket lines at uc santa cruz and uc davis.

>> our decision to go on strike and to do it, you know, like like you said, like at this moment when we're all preparing to, you know, i'm supposed to walk in my graduation this year, you know, for phd. >> the strike is causing frustration among some students who say it has led to research delays and withheld grades as they are getting ready for finals. the uc office of the president calls the strike illegal, saying that its contract with the union includes a no strike provision. new. at 730, a north bay high school is trying again to install permanent lights on its football field. the marin ij reports marin catholic high school has applied for permits with the planning commission to make the improvements at its facility in kentfield. school currently uses temporary construction lights for evening games before the planning commission makes its decision. it will hear public comment from surrounding neighborhoods. today, the u.s. department of energy says a clean energy breakthrough has happened at livermore lawrence laboratory. it sayists have found a less labor

intensive way to produce ammonia. usually, you need high temperature and pressure to produce ammonia. researchers say they have now found a way to do it at room temperature and with no additional pressurization. ammonia is a key product for fertilizer and cleaning products, and is being researched as an alternative fuel to gasoline. a new feature for pride month is returning. we'll have details for the drag meet downtow

wealth to charity. altman initially founded san francisco based openai as a nonprofit research lab dedicated to safely building artificial intelligence for humanity's benefits. now, altman says he wants to focus on philanthropic technology that helps create abundance for people. the giving pledge, a charity that encourages the ultra rich to donate, announced that move today. a national watchdog group, has upgraded the ratings of some north bay hospitals while downgrading others. the leapfrog group ranks hospitals on how well they prevent medical errors in accidents. it raised the grades of adventist health, ukiah valley, north bay medical center in fairfield and northbay vacavalley hospital. their grades went up from a b to an a, however, the grades of two other hospitals kaiser permanente vallejo medical center and marin health medical center, fell from

an a to a b. vice president kamala harris is scheduled to be in san francisco next week for a campaign fundraiser for manny's in the city, says it plans to host the vice president to talk about the key questions voters have going into the presidential election. the owners of the venue plan to host it in a larger space that will be announced at a later day. tickets start at $500 to attend. a woman from pinole is among the americans who will be honored in europe next month on the 80th anniversary of d-day. jeanne gibson is now 98 years old. she was among the many american women who were known as rosie the riveters during world war two. she put her nursing studies in minnesota on hold and took a welding job in the shipyards of seattle. she will be among the dozens honored in france on june 6th to mark the day in 1944, when allied forces stormed the beaches of normandy. the battle was pivotal, leading to the defeat of germany and to the end of the war. new. at 730, a new feature of san francisco's pride

celebration is coming back for its second year. drag me downtown is a series of pop up drag shows that will take place over various spots in downtown san francisco every thursday throughout the month of june. one of those thursdays, june 27th, will also feature a queer history bus tour hosted by sister roma. the sisters of perpetual indulgence the shows are all free to attend. however, organizers do have a pre-registration option for $10, which comes with free 2024 pride swag that is our report this evening. i want to thank you for watching. we will see you tomorrow at 730. a reminder make sure to download the fox local app to your smart tv. you can stream our newscast stories and find exclusive content right there on your smart tv. see you tomorrow! have a great night

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