dying after he crashed into her. the man's bike struck mary jane smith as she crossed arlington boulevard. investigators say smith was not in a crosswalk. she died after being air lifted to john muir medical center. the bike rider was taken to the ho. the district attorney will determine whether he will face criminal charge autos total number of students suspended is now more than 50. they're suspended for what they thought is a senior prank. official dz not find it amazing. and tonight the students are interest trouble. >> that is right. we know the folks will not be able to go to graduation but rehearsal was this after the foon. beyond that and importantly for many students it will be up to individual teachers and perhaps even a judge to decide whether they can makeup final exams. >> i got away with it on the

first day after it happened. >> heritage high andrea martin is suspended over a senior prank turning the final week of school into a nightmare for many. most rehearsed their graduation in the gym this afternoon, as shown in this video, martin stayed home. >> i'm in the going to complain bit. i regret the situation. sorry to teachers i lied to and to my parents for disappointing them. >> she was able to take finals. she's among 50 seniors when may or may not get to makeup all of them. it could affect graduation and entrance into college. the principal refused to be interviewed but here is what the district superintendent told abc 7 news. >> what certain none will be allowed to par tis ate. and this parent did not want

to give a name. her daughter will miss out on that rite of passage. >> this is a tight knit family community z all of the kids wanted to enjoy the day together. and they're just outcast. most are 4.0 students. >> this senior prank has gone out of control. >> this senior says many feel punishment doled out to pranksters is fair. >> in the hand book says if you vandalize campus suspension, unfortunately they picked a bad time to do it fchl they had done it a few weeks ago there won't have been this uproar. >> if i have kids they're not going to be in senior prampkz. lesson learned. >> and this official last day of school was today saying kids are being allowed to return tomorrow to finish

final exams. their grades will likely be held up until thursday when a judge will hold a hearing on whether students due process rights were violated. >> and an eye witness testified she recognized both two men charged in the beating of brian stow from last year's attack at dodger stadium. and there is a preliminary hearing of louie sanchez. a camera did not show donnelly. she identified sanchez as the man who kicked stow in the head. >> both pled not guilty. a judge will decide if there is tofdz try them. so, continues to recover from a brain injury suffered in

that attack. >> a deadly shooting left people shaken up tonight. a 31-year-old was shot to death last night on gloria way. and this another and her 5-year-old daughter heard nine shots fired. police say this is a relatively safe area he's now afraid. >> i grew up here. the neighborhood changed over 30 years. i feel unsafe. >> police credit the shots spotter system for alerting them to the shooting. officers have no leads or motives and asking people in the neighborhood to come forward with information. >> the suspect in the case of missing morgan hill teenager may be linked with four incidents in which a man tried to lure children into the car. and police say they identified a suspect they werewill not confirm whether it is garcia-torres. the attorney representing him in the case stepped down today

citing a conflict of interest. the court decided the hearing set for next month has been pushed back now to july 31. the public defend jer representing the father in a sexual assault case involving a relative. there is more on that part of the story coming up at 6:00. >> and the wife of embattled san francisco sheriff ross mirkarimi is fighting the city's decision to release that video showing the bruise her husband gave her during an argument on new year's eve. and the abc 7 news i team learned lopez file aid misconduct complaint against mayor ed lee. and that comes on the day a judge signed off on a sp ordering mirkarimi's defense team to turn over cell phone records. >> and december 31 is the date of the domestic violence incident and january 13th san jose the day the sheriff mirkarimi was charged and

arrested. >> there was no disswaying. the sheriff never tried to dissway anyone. >> and phone records include text mess skbrajz e mails as well as his campaign manager and three of his neighbors. this after the toon the city also denied the request to have san francisco taxpayers fund the legal costs in the ongoing proceedings against him. >> abc 7 news i team learned a story behind last week's public release of embarrassing cell phone video showing mirkarimi's wife. >> this happened yesterday... >> and she is describing the bruise on her arm came from mirkarimi briefly grabbing her, both filed legal motions to keep it private. the city attorney released it in response to several public records reqe.s both attorneys are accusing the city attorney and mayor of using this video part of a threat to get

mirkarimi to resign. dan noyes will have the full report coming up tonight at 6:00. >> and governor brown and top state democrats behind closed doors trying to hammer out a budget. and the leaders are trying to find alternatives to roughly $2 billion in cuts to welfare, child care and home care for the disabled and elderly. the governor proposing cuts. the governor a $16 billion budget deficit. >> and cam cal tax payers being robbed of billions of dollars. nannette miranda is live to explain what is being done. >> the underground economy long fared not fair to legit businesses. and will only get worse if the

state doesn't act this, bust in stockton netted half a million worth of counterfeit goods. fake designer purses, air jarred ons and nfl jernys not yet for sale in the united states. sellers rarely hand over sales tax. if it smuggles cigarettes, excise tax never makes it to the state coffers. under cover sings find people working for cash under the table. the employer doesn't pay taxes and employee as void having income taxes taken out. >> tax payers are being cheated and the government being cheated. >> california franchise tax board believes $10 bi bin -- billion is owd and never paid. >> everything we don't see. we can't measure. we're just taking bits and pieces of information and trying to paint a picture the. >> franchise tax board has 41

sworn officers. board of equalization has 80 not nearly enough to battle $10 billion worth of illegal imemployment and good autos people are very creative. at how they mask and hide that stuff. >> considering california is in a state of deficit, those affected by spending cuts are upset by tax cheaters. $10 billion could help safe social services. >> if there is a way to have them come out of the shadows that would go a long way in solving problem autos there is a proposal getting sup owe port here. live in sacramento abc 7 news. >> thank you. >> and coming up tonight from michael finney one thing in most refrigerators that could cost more.

>> reunion of four organ recipients whose lives were saved thanks to a local software developer's creation. >> i'm sandhya patel. heat is on the way wh. it will arrive and how long it will hang around coming up. >> and the very first look at tesla's new sedan made in fremont. stay with us. abc 7 news at 5:00 continues in one minute.

new cars rolling off the production line again this, is video of the first model s that was delivered to board member at the fremont plant. the ceo received one also. the only two sedans on the street now. tesla says both were produced at that plant. they're work on 100 more as we speak for delivery beginning

in two week autos a software program developed here in the bay area is having impact on kidney transplants, pairing donors with recipients and dozens of lives have been saved so far. and we're here tochl plain how this works. >> 44 lives have been saved to the exact thanks to this software. the program uses maps to pair recipient with owe donors. when christina needed a kidney her husband volunteered to donate. and then came the bad news. >> we're hoping he was compatible. he was oont they went to plan b. joining pair donation program. gilbert asked to still donate a kidney but to someone else. bonnie, a stranger. by doing that, his wife would then owd a kidney he donated and guaranteed for me to get

my kidney. >> she did get a kidney from diane coolly. that saved more than just one live. >> two lives. not only my wife but someone i didn't know, too. >> today, they introduced a four donor and recipients whose lives are now intertwined. the transplant done on the same day, may 18th. the man who developed the computer program is david jacobs. in december, 2004 he received a kidney transplant and then, came up with a by to help connect compatible strangers. so far, it's being used only at cpmc. he says three new jernts will join. the software runs on a cloud computing platform matching people. >> so algorhythm designed to do this map in minutes.

not hours or weeks or months. >> old days recipients would sit on a waiting list upwards of foif 10 years. >> today thanks to the program time is shortened by several years. >> they are from santa rosa. others are not from the bay area. idea is that this will spread to other states. if you want more information on that program visit our web site abc 7 news.com. >> terrific program, thank you. >> and there is another recall of birth control pills. a unit is recalling 10 lots of the generic pills because of a packaging problem that could result in unplanned preg nans yeez. they were distributed between january 11 and may 2012. rival pfizer recalled pills

because of a similar problem. lot numbers are on our web site under see it on tv. >> something you buy almost every time you go to the store about to get more expensionive. >> yes. got milk? >> got milk. there you go. milk prices could soon spike because of the high costs of feed, dairy men and wim women been twiming their heard. now there is concern the milk supply could be hurt. the future is now. >> there are 40 less semi loads of milk go together market than last year start shopping for the best prices. you're going to want to know it. >> george millering can for an investigation into sweetheart

deals between universities and banks. there is concern they're being steered into high-cost debit cards. saying nine million students are in danger of being nickeled and dimed to death. culprit, campus debit cards charging fees for every transaction, balance inquiries and foreclosing those accounts. get being around on american airlines is going to be a harder. the airline cutting flights by 1 to 1.5%. the reason? pilots calling in sick. there have been hints that there may be a coordinated effort but the association attributes six days to pilots having elective medical procedures before losing benefits. a judge could order all contracts void within a month or two. >> and thank you, michael. >> no kris -- milk prices going up so, is the

temperature. >> nice transition there. there is beautiful wernl. from our sutro camera, you can see fog rolling n there are high, thin clouds that are harmless. here is a live picture from our camera. you can see there is lots of sunshine out there. and into low 08s inland. there is some low clouds along the coastlines. also down towards monterey. this is going to be a factor into the cooling trend. so temperatures into 60s and 70 as cross the bay area. there is windy out there. sfo winds 38 miles per hour. a good onshore breeze.

winds coming off the ocean. san jose, 25 miles per hour wind gusts, low clouds, breezy, cooler tomorrow, warming up into 90s by sunday. get ready for summer like heat here this, is why. this cold front is a weak cold front. it's going to continue to kick up wind flow bringing in a cooler air mass. we'll see clouds around into the morping. by after the foorngs clearing and breezy. sunny skies and warmer saturday. going to be a beautiful day for saturday. same front picking up winds into sierra mef nef. red flag warning continuing until 7:00 p.m. tomorrow. humidity is running low. 10% to 18%.

and tomorrow horning. it starts out numbers mainly into low to mid 50s and breezy with areas loaf clouds. and there is some locations down to 49 degrees, upper 50s on the coast and breezy winds about 20 miles per hour to 30 miles per hour. mid-70s in santa rosa and napa. 67 in oakland. inland east bay there is not quite low 80s of today. palo alto up to 70. mild, smiz in san jose. monterey bay, 60 degrees in monterey getting you up into mid-70s range. here is the accu-weather forecast. it's a cooler, breezy friday. skpp then, we'll go with a warmer pattern. check out sunday, near 70 degrees.

low 90s inland. temperatures trending higher by monday. keeping it into 0s tuesday, so very warm days coming up inland. preview of summer, early. >> thank you. >> and a bear cub controversy tonight. a nevada county. was someone trying to sell these? or save their lives? >> that is coming up. then at 6:00 amazing attitude of a dushl amputee from poland. and we'll be right back here.

a nevada county man says he wasn't trying to sell a pair of bear cubs yesterday. he claims he was trying to save them. they sought cubs in the back of a truck. he said he shot the mom in self dpeens on his land and then bringing baby bears to town.

>> one person saw them, what is that? bear cubs. can i see it? then all 125 people in the town show up. can we have one? buy one? no. they're not for sale. i'm going to a wildlife rescue. >> fish and game is investigating. no charges have been filed and cubs expected to be returned to the wild next winter. >> in sacramento the secretary of state said today that supporter who's want to do away with property tax exemptions for religious institutions can now begin collecting signatures. proponents took 150 days to gather 800,000 signatures needed. and if it passes the law would take affect in january of next year and analysts estimate it would raise extra 100 to $225 million in local and state tax revenue. >> the bill board used to say yahoo now displays old navy. the company has take heen over

the iconic bill board. commuters saw yahoo against the skyline. the company pulled out last december. now, old navy will display a message of come fun, come all. the monthly rent is between 65,000ses today $80,000. >> wow. and coming up next a little new york giants fan a generous gesture. >> a player traded to niners. hmm, it says here that cheerios helps lower cholesterol

as part of a heart healthy diet. that's true. ...but you still have to go to the gym. ♪ the one and only, cheerios

coming up the ross mirkarimi ethics case. an exclusive on serious allegations the sheriff is leveling tonight in at a city leader. >> the bay area company targeted in mitt romney's

latest campaign ad and california's staggering teen unemployment rate. efforts to help young people find work. its coming up at 6:00. >> and finally in new york giants fan tried everything he could to keep his favorite player from leaving the west coast. >> the 6-year-old will settle for the next best thing. he wrote a letter along with his life savings, $3.36 to persuade rand yes to stay in new york he says he will meet up with the young man and take him to his favorite restaurant. >> hey, 3s sndz. >> that is a big difference. >> and very sweet. >> world news is coming up next. >> i'm dan ashley. from all of us here, thanks for watching. we appreciate your time hope to see you again in a half hour.