you know me. you know i will get to the bottom of this. you will be brought to justice. >> a father is gunned down, pushing his one-year-old in a stroller. >> the child then quickly scooped up and carried to safety by a neighbor. good evening, everyone. i'm carolyn johnson. >> i'm dan ashley. an outrageous, sickening crime in the middle of the day. it happened in east oakland near 66th avenue. ama dates is live at oakland police headquarters with this story. ama? >> reporter: dan, he was murdered while caring for his one-year-old son. i am told he was living in east oakland for the past six to 12 months. that's where he was living with his baby and his baby's

mother. they were at police headquarters tonight and i spoke to smith's mother. >> if you know me, you know i am going to get to the bottom of this. you will be brought to justice. >> reporter: a mother's words to her son's killer. 24-year-old tyrell smith was shot and killed while pushing his one-year-old son kyrell in his toy car. >> my daddy is gone now. >> reporter: smith's mother is rushed to his east oakland home near 66th when she heard he had been shot. a neighbor told her what happened. >> somebody he knew spoke. she heard shots and ran out there and then saw the baby. >> reporter: morris didn't get to see her son's body. the coroner had taken it. >> i got up here and seen the baby. they were holding the baby. i know it is my baby. >> reporter: but it hasn't hit her yet. joy he was lovable -- >> he was a lovable, big old teddy bear.

>> and she says he didn't deserve this. >> when he come out he would go out to get a cigarette and then go back in. it wasn't like he was trying to socialize with anybody. he stayed home and keep his baby every day. >> she says that baby looked just like her son. she is thankful she still has him. she is also thankful that little kyrel is too young to remember what happened. in oaknd la, ama dates, abc news. >> thank you, ama. a new student scam involving hacking into school computers, but this was not about changing grades. instead playing high-tech hook key. leslie brinkley has details on the scam and how dozens of students pulled it off. leslie? >> that's right. so far the toll at berkeley high school stands at 32 students suspended. two were expelled and many more were about to face the consequences. >> they were skipping a lot.

they were selling access passes to students. >> i heard somebody hacked into the system. >> many students heard classmates talk about clearing absences and tardies for themselves or for a friend and even charging money for it. >> i heard they were -- someone made an administrator account or something. they were selling the pass words. >> administrators first noticed the discrepancies in december. >> absences that were logged into the database by teachers had been altered. >> administrators spent months chasing paper in the cyber trails just before spring break. the changes to the attendance records were made to computers on campus as well as on homes. one student says kids accessed the records from the math computer lab during class time. it is the same cheating issues the schools had dealt with,

but with a high-tech twist. >> it makes it seem a little atypical as to the guy who stole the final in the past. but it is the same ethical dilemma we can collect and address with the kids involved. >> and there are more than 50 of them. why would they do it? >> if you have enough absences it will drop your grade three unexcused absences will drop your grade. >> others wanted to stop parents from finding out they were skipping class. the school says they have now changed pass words and closed the loopholes in their system. the principal hopes this turns into and probably will turn into a teachable moment. he says 50 students is too many even when you have 3200 students at the school. reporting live at berkeley high school, leslie brinkley, abc7 news. >> thank you, leslie. tonight in san francisco, 23 people are under arrest

following a rowdy protest that blocked market street. the march was organized by the union representing 13,000 city employees. they are demanding that the mayor, the d.a., the city attorney and the public defender for go, voter approved pay hike is scheduled for july. union members say it is unfair considering they are facing pay cuts for the fifth year in a row. the suspended sheriff is talking for the first time about what lead up to the fight with his wife that got him into serious legal trouble. this morning on kqed radio he says he and lopez were in the car arguing about her upcoming trip to venezuela when things escalated. >> she was getting out of her passenger seat and to unharness our son who is nearly three. he was pan anybodied. you can see the panic. she was screaming.

i reached over from the driver's seat and still with my seatbelt on to try and guide her back to the passenger seat so we could just de escalate this and talk this through. it was then when i put my hand under her arm she was bruised. >> last month he pleaded guilty to one count of false imprisonment. he was suspended two days later and fighting the suspension. there is a casualty from the uc davis pepper spray scandal. annette spicuzza has resigned. she did not want the incident to define her career, and in order to do so decided to step down. it is incident last november made world headlines. you remember these pictures. students from the occupy movement were protesting peacefully while defying an order to clear out. the task force releasedded a report condemning police for their actions.

uc berkeley is denying it may have to dip into campus funds and student fees to pay for the memorial stadium seismic upgrade. the wall ?eet journal is reporting the school raised $31 million of the $270 million it expected from state licenses and naming rights. but uc berkeley says it has generated $144 million from seat sales, and they have enough of a revenue stream to payoff the stadium debt. the retrofit is expected to cost in all $321 million. a bay area mayor is calling it quits. the san carlos mayor andy klein has resigned from office effective immediately citing major setbacks in his personal life. 234* a letter of resignation, he says he and his wife decided to resolve their marriage. klein has begun treatment to address his situation and did not elaborate. the techy who stripped naked at the portland, oregon airport says he was nude and not lewd when he tested the tsa. he was stripped at a security

checkpoint after being forced to go through it several times. the tsa too fen on crosses the line between -- too often crosses the line between privacy and security. he calls the protest free speech. -- >> i didn't do it to just get arrested. i did it so i can state my unhappiness with the waste of money the tsa is. >> he was briefly jailed. charges were dropped, and he was scheduled to finally fly back to san jose tonight. a gray whale is swimming off the southern california coast tangled in fishing net. we have been following it closely. a team from the pacific marine mammal center cut 100 feet of netting from the giant marine mammal yesterday, but they were unable to find the whale today after calling off the chase last night once it got dark. the whale also swam too fast for a diver to reach the line tangled around its head and one of its fins. a whale watcher believes the whale may beheading toward mexico. -- may be heading toward

mexico. up next, a tribute to dick clark. >> rock around the clock. >> we will remember the man who brought rock and roll into america's living room. >> and the buzz in the east bay. why we are suddenly seeing so many bees. >> and then throw on high heels for a little fun and a serious cause. those stories and much more coming up when the news continues.

tonight, huge bouquets of flowers on the hollywood walk of fame where the star of dick clark rests. he died today leaving music and memories. dick clark was a visionary when it came to music and a familiar face in american households for more than 50 years. alan wang joins us now with a look back. >> dick clark was a thread to the past for generations of people. he did everything from radio countdown shows to game shows, but he will always be remembered for a saturday afternoon classic that became a cultural touch stone. it aired for over 30 years on abc.

>> it's time for america's favorite dance party "american bandstand." >> "american bandstand" started as a weekly show in philadelphia but it blossomed into a saturday network show. not only did he introduce it to american households, but he shined the spotlight on artists like chuby checker, sam cook and a group of >> he helped launch careers of people in the bay area. >> he said, you know, i have had thousands of people on the show. the only thank you letter i ever got. it always endeared me to dick clark. >> clark branched to other areas and became a music producer and record distributor and eventually moved to game shows one called "the challengers." a bay area sports writer won $5,000 on the show. >> he allowed the critics --

the credits to run long so everyone who worked on the show would get professional acknowledgment that would help in their careers. >> later generations identified clark with "new year's rocking eve" which itself is 40 years old. >> two, one and happy 2000! >> clark suffered a stroke eight years ago and had to learn to talk again. a severe blow to a man who spoke for a living. but the man often referred to as america's oldest living teenager fought back and appeared on his new year's eve show a year later. clark is being remembered tonight with flowers, but his legacy will always be the music. >> for now, dick clark, so long. >> dick clark was 82 years old when he suffered a massive heart attack today. it was after an outpatient procedure at santa monica hospital. funeral services are pending. dan? >> we can all recall so many memories over the years of dick clark. alan wang reporting. the secret service forced out three agents linked to the

columbian call girl scandal. one supervisor was allowed to retire and another was fired. the third resigned. eight more agents remain on administrative leave. 10 soldiers reportedly including five green berets and two marines are also being investigated for their link to this scandal. and abc news is reporting that cocaine may have been found in one of the men's hotel rooms. rocker ted nugemt will talk about his comments on president obama. the national rifle association convention, nugent referred to what he called the, quote, evil america hating administration and urged nra members to, quote, chop their heads off in november. nugent did not make any serious threats. is on again-off again relationship between a 41-year-old teachers ander and his 18-year-old student is apparently back on. jordan powers has told a sacramento tv station that they are back together. she ended the relationship earlier this month after her

boyfriend, james hooker, was arrested on charges of assaulting another girl 14 years ago. hooker left his wife and children to date powers. he is now out on bail and is due back in court next month. a bee invasion in the east bay. take a look at this. an unusually high number of swarms have been invading neighborhoods. in concord, thousands covered this car until a young person in a bee keeper suit was able to gather them up. the amount of bees is not unusual. they are out earlier than normal . so if you are worried, experts say as long as you don't bother the bees, the bees won't bother you. >> so don't bother the bees. in san jose, hundreds of people went for a walk in high heels tonight. both women and, yes, men took part in this. it sounds fun, but it is for a serious cause, as you can plage. it is called walk a mile in her shoes and it is in her 10th year raising awareness about sexual assault. it is a terrific event.

the guys were brave to try it. it can't be easy. >> it isn't. now a first check on the forecast. >> sandhya patel is here with that. >> hi, dan and carolyn. it sure isn't easy, especially if they are real high. from our south beach camera, here is a view of the marine layer. you can see the low clouds and the fog really rushing in. the marine layer is 1200 feet deep this evening. that's the marker for our sutro tower. it gives you an indication that it has pushed into the east bay. someplaces like concord and hayward are reporting cloudy skies. the visibility is poor. in half moon bay, the fog is certainly playing a role down to a mile. so tomorrow morning you will want to give yourself a little extra time if your commute takes you through the areas where the sphog creating low visibility. the temperatures are pretty comfortable in the 50s. it is 60 degrees in antioch though, and here are the highlights. it is mostly cloudy with patchy fog. warming continues in land tomorrow with the temperatures

peaking this weekend. all of your outdoor plans are looking a-okay. here is the warming trend. tomorrow's high temperatures, santa rosa from 76 tomorrow to 82 on friday and 83 on saturday. livermore is 79 tomorrow afternoon. 86 by friday. 88 degrees on saturday. you notice the temperatures are continuing to climb. saturday could be the warmest day we have seen year-round. we will have to wait and see. from 78 to 83 to 85 degrees. enjoy the warming trends. here is the satellite and the radar. a stationary front continues to bring in some cloud cover ahead of it which is why we are seeing the high clouds in the bay area. also dealing with the low clouds. this ridge of high pressure will shift the storm track even farther to the north. what we are going to see is a lot more sun and our warming trend that got underway will continue as we head into tomorrow away from the coastline. first thing in the morning, count on numbers in the 50s except in santa rosa and napa and santa cruz in the upper

40s. and the fog will cause some poor visibility. give yourself some extra time. tomorrow morning we start out with the low clouds and the fog. watch what happens to the clouds. they are pulling back to the coast line and then sit thrsmght inland areas are warm. the coastal areas are on the cool side. remind you of summer? it will be a summer-like spread. short sleeve weather in the south bay. 78 in san jose and up to 79 in campbell. the peninsula, 72 phon san mateo. loss altos, 76 degrees. fog near the coast. it will hold your temperature down daly city, 60 degrees. a mix of sun and high clouds. downtown san francisco will come up from the low 60s to the upper 60s. a pretty nice looking day in the north bay if you like it cool. bodega bay, 57. 72 oakland. 74 in castro valley. inland areas, antioch up to 80. 79 in livermore and for the monterey bay, 64 degrees in monterey where the fog will

hang around well into the afternoon. it is a warmer forecast each and every day through saturday. near 90 degrees inland by then. close to 70s on the coastline, and then we will see a slow cooling trend sunday and monday. much cooler into the middle of next week. >> thanks, sandhya very much. up next, an honor for people who are making the world a better place. >> that's coming up. and then on "nightline." >> aisle bill we are. dan and carolyn, more on the man who brought rock and roll into america's living rooms. tonight the biggest names in music are saying goodbye to dick clark and we will share their memories. and we will take you behind the scenes of "the avengers" and meet the group of super and meet the group of super -e( music playing ) - we know technology can make you more connected.

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county residents. tomorrow pg&e will beacon ducting a controlled released of natural gas. this will be near 280 and highway 92. if you have questions or concerns about the smell of gas in that area, call pg&e. a distinguished group of people was honored in san francisco for their work to make the community and the world a better place. the commonwealth club

presented its 24th annual distinguished citizen awards this evening. honored tonight was steven chu and ron conway and uc san francisco chancellor susan december mopped helmond. and on the board of the commonwealth club i had the honor of serving as the emcee. >> a terrific event. incredibly inspiring. >> speaking of inspiring, larry beil. amazing pitching by the giants and the a's. it was an epic match up between cane and leo when one run is enough. sports is next.cu

good old-fashioned pitcher's dual tonight. the giants and phillies locked in a series finales and hits were scarce. there was a one hitter last week and tonight was just as hot. cane and lee buzz through this game.

resistance is futile. two on for galvis. a double play ball and crawford and this game is scoreless. on to the 7th and still 0. no chance. cane goes nine innings and just two hits allowed and struck out four. as for lee, he fools buster posey. 10 scoreless frames. cain is gone. he turns the ball in and just flips it under in time. cabrera and his third hit of the night. line drive. good night, game over. drive home safely. 1-0 giants and 11 innings in under two and a half hours as they take two of three from the phillies. the giants closer brian wilson will have tommy ohn surgery in florida. it is the second time for wilson. he had the same procedure to repair the ligament in his elbow in 2003 in college in

lsu. wilson out for the year and hoping to return next season. a's and angels and the man who single handedly makes them worth watching. two on in the first and that ball is crushed off santana. he tosses the bat and knows this is out. it is his fourth of the year and 3-0a's. colon and a historic game. struck out four and tory hunter flailing away. gomes with a solo homer. back to colon here. from the fifth to the eighth inning and he threw 38 consecutive strikes. that's impossible. but it happens. 38 strikes in a row. you will get nothing and like it. the a's win it 6-0. 38 in a row. the warriors started four rookies against the lakers. the last time that happened was in the 70s. kobe bryant was sitting out his seventh game with a shin

injury. the lakers didn't need his help. 22 points and 11 boards and 11 assists. welcome to the andrew bynum show. with authority. he loses the handle and bynum says thank you very much. to the third and guess what, another alley-oop. 31 for bynum. lakers roll 99-87. the penguins-fliers series. pittsburgh down 3-2 and they rip off eight straight goals. the hat trick and the pens win 10-3. they still trail in the series three games to 1. sharks and blues will go at it in game four of their series in santa fe. >> thanks, larry. "nightline" is up next. i'm dan ashley. >> i'm carolyn johnson. you can keep track of the latest breaking news on twitter and 7 news bay area. >> check us out there. we will be back in the evening. appreciate your time. >> good night, everyone.xx