>> good afternoon, everybody, i'm larry beil. >> a man says he wants justice, some students are defending the guard today. >> laura anthony joins us live now at oakland high school with details. laura? >> i did speak with the now-former security guard, marcello mitchell is not ready to comment at this time. as for the kid, mitchell allegedly attacked he is talking. >> i was thrown out of my chair, slammed against the floor.

slapped on surveillance camera. >> the 17-year-old francisco martinez of oakland high school describing this. an incident caught on school surveillance may 19th, showing the wheelchair bound martinez apparently being roughed up by the school security officer. >> i just want to see justice to happen i don't think it's fair for this event to occur in a school where i'm supposed to be coming in safe. >> these are the foos that show a black eye from the attack. martinez, at this time was in handcuffs and the teen concedes he did spit in the guard's face. >> i was in handcuffs. >> now, some students are coming to mitchell's defense, displaying signs and circulating a petition. >> we're pro-mitch. the incident was not right. very disrespectful for the

student to do that to him. >> i think students are looking at it from a teen-aged perspective. we have to take a look from an adult perspective. >> that is their opinion. they're not going through the pain i'm in. it's okay whatever they have to say. >> mitchell was arrested and charged with felony child abuse. he's pleaded not guilty and returns to court. martinez's family expected to file a civil lawsuit against the school district. >> the father of a special needs child is in jail, accused of attacking a school mate who also has special needs. officials say he got on to the bus and assaulted an 11-year-old boy. tonight on abc7 news at 5:00, we'll talk to the 11-year-old aunt, and guardian. >> no criminal charges will be filed against michael mays, the

bart officer who accidentally shot and killed another officer during a search in january. alameda county prosecutors say the shooting death of sargeant tom smith was an accident. detective mays says he mistook smith for an armed assailant. smith was wearing a bullet-proof vest but a bullet hit the spot not protected. >> there is a $100,000 reward offered to help track down a violent robber. you can see him enter clyde's liquors. he forced everyone onto the ground before demanding money. today, members of the community came together to announce the reward >> we want to send a message that this is not something we tolerate >> we have a police department that has been depleted bad guys are trying to take advantage of that so we need help. >> san jose police department has less than a thousand officers, that is down from 1400

back in 2008 when the city began a series of budget cuts. >> details about the bart extension just coming to light. remains found in october, 2012 and april, 2013 near the great mall in mid peedas. according to the va, other items were found, including tools made of stone and bone. >> cal fire crews mopping up a small grass fire in napa. this is video that broke out about two hours ago. you can see came close to homes there. fire crews put a line around them. so far no word on what caused that fire. >> the secretary of veterans affairs general eric shinseki stepped down today. >> a report out this weekend

found many patients have been unable to get timely appointments with doctors. >> the agency has been struggling to keep up with an increase in services. an audit found in cases schedulers were pressed to cover up the delays the president says he reluctantly accepted the resignation. >> he does not want to be a distraction. his priority is to fix the problem, making sure our vets are getting the care they need >> deputy secretary sloon gibson will take over the department, he has been there less than four months. abc7 news reporter vic lee talked to local veterans now about the shake up. he joins us live with this story. vic? >> reporter: good luck to secretary gibbson. it's a tough job. almost all of those we spoke with said they were getting good care at two va hospitals in the bay area.

the one in palo alto and in san francisco. he was caught up in the scandal, they say shinseki's greatest legacy will likely be his mission to help homeless vets >> he was forced out. >> a former army sargeant echoed what many other veterans told us. they were sad that veterans affairs chief resigned. we caught up with him here at the offices of swords to plow shares a group helping veterans adjust to disabilities in life. an administrator agrees with millard. >> he made a call to say we'll end veteran homelessness by 2015. and that never happened before. >> many of them were here at this meeting two years ago. angry at the huge backlog of benefit claims. corliss says shinseki has been

successful in the mission n three years, the number of homeless vets dropped by 20% and a backlog of claims has gotten better. >> the progress with the homeless programs and his leadership, in trying to end veteran homelessness will be impacted. negatively. >> kevin miller was a sargeant in the marines with two deployments to iraq, suffering traumatic brain injury and says his biggest problem was the wait time. >> that was my problem when it comes to waiting. seeing certain specialists i had a orthopedic spine specialist. it took three months to get that appointment. >> shinseki was criticized for setting the standard that all had to be seen within 14 days of the desired appointment date. a goal many could not reach. a lot of vet transtold us the

biggest problem, the va has is with a backlog of claims they don't have enough staff to handle paper work and system appears to be antiquated. for first-time veterans, filing claims in oakland office, the average wait time is over 600 days. vic lee, abc7 news. >> thank you. >> the advanced placement test scores of about 400 east bay students are being tossed because adults who administered the test didn't make sure students were seated the right way. >> leanne melendez is live with details. leanne? >> reporter: during exams, students supposed to be seated five feet apart they were not, in two rooms they found it was less than that, and not every student was facing the same direction. so of course in this case, the tests will not count we're

talking about 400 students that will have to take exams again. these are college advanced placement tests and i can tell you they're pretty tough. students take weeks and months to prepare, now, they'll only have days. the district did not want to comment about how they got it so wrong. a vice principal thought they're finding the guidelines. >> so the room is in a certain way. there is seating irregular larrys. >> most of us studied hard and didn't want to spend more time thinking about it. now, we've lost hours of studying and efforts. >> these kids had a party. now, all of a sudden you have 48

hours? >> some students are stressed out about it. some juniors are studying for sat which they'll take on saturday. some students and teachers will be here this weekend to help the others prepare for the test. and let me tell you, also, one of the students here started a face book page to vent to protest what happened here. they have 160 followers. and they opened the page last night. >> thank you. >> certainly is. our temperatures are starting to cool off a bit. >> oh, boy. as predicted spencer christian. are you wearing a parka? >> i should be. here is live doppler 7 hd.

low clouds and fog beyond a brisk on shore flow. and it's ten degrees cooler now at sfo than at this hour yesterday. 14 degrees cooler in novato. 16 degrees cooler in san carlos. looking along embarcadero, 57 san francisco. here is a view of clouds over the pay. 69 in santa rosa. and another live view of a partly cloudy golden gate bridge. foggy, breezy. tomorrow morning areas of low clouds and fog. by afternoon, mostly sunny skies.

milder than today. most take much to be milder than today. 80 in some inland spots. >> thank you, spencer >> still ahead at 4:00 reward california got for doing the right thing >> bottle rock music festival. the changes after vendors got stiffed last year >> a student survived being shot multiple times, what she says the killer did before opening fire and the hero that saved her >> and michael finney is taking your questions and will answer them here live a little bit later. you can contact michael on facebook.com/michael finney and on twitter. >> get away friday, it's bumper to bumper heading to lower deck of the bay bridge.

better for folks heading towards 101 south. back with more in just a moment. . teacher layoffs. and a 60 billion dollar budget deficit. that's what john perez faced when he be speaker of the california assembly.

so he partnered with governor brown to pass three balanced budgets, on time. for the first time in thirty years. today, the deficits are gone and we've invested an additional 2 billion dollars in education. now john perez is running for controller, to keep fighting for balanced budgets. democrat john perez for controller.

white house press secretary jay carney stepped down today the president made a surprise appearance in the white house briefing room to make the announcement and give carney a hug. >> any questions? >> the president called carney

one of his closest friends and said he will continue to relie on him as an outside advisor. carney plans to take the summer off and spend time with his family. the deputy press secretary will take over for carney. >> back here, people getting ready to rock out in wine country this weekend. >> yes. bottle rock concert is underway. organizers want everybody to know problems have been dealt with. >> yes wayne freedman is live with the story. wayne? >> take a listen to this sound over my shoulder. four bands playing on four stages. what began as a stream of people has become a river. they're expecting 25,000 people a day for three days and tonight, it wraps up with a two and a half hour concert by the cure. speaking of the cure here they

are. fans next to the stage, planning to wait all day or tonight. >> is it worth it? >> definitely. >> for the cure? robert smith! >> you get intimate with that music. >> the people will get into it again is a miracle. last year's promoters failed to pay all of their debts. this year a new company began after paying vendors owed from the first concert and change the business model. >> do you know anything about rock and roll? >> no. i'm a businessman and started a lot of businesses. this is day one of three. year two of -- well, we shall see. we'll see. you're looking at it live now.

crowds continue to grow. in about an hour, we're going to talk to vendors who was shorted last year. he is still working here this year and designed logos and will tell us why he came back. he says it's good for the community, he believes in this concert. live in napa at the fair grounds, wayne freedman abc7 news >> wayne, thank you. we'll see you at 5:00 >> a fresno man being rewarded for returning a bag containing $125,000. joe cornell found cash on tuesday after a sack fell out of a brinks truck in a red light. he volunteers for salvation army. has only a few dollars in his pocket and in a rehab program. brinks will give cornell a $5,000 reward and make a separate $5,000 donation to the salvation army. he says he is trying to get his life back together. a lot of people would have said, oh, just going to head home and ponder for a little while.

>> good for him for doing that. >> yes. >> hets get to weather for the weekend. >> yes. spencer christian, outside. it's kind of cool. >> yes. cool, brisk and breezy and pleasant. you can see why it's cooler today. there is low clouds and fog up against the 23 in novato. 23 miles per hour gusts in hayward. 25 in fairfield and livermore, breezy. you might say. here is a look at cloudy skies taking a look at forecast periods, low clouds, fog continuing to push farther inland tonight. it will be warmer inland this weekend. and cooling begins again next week. so... it's a temperature trend upwards won't last long. satellite image showing that

cool air with a dip in the jet stream there giving us the onshore flow, bringing fog, low clouds to the coast. we'll start at 7:00 this evening, notice how far inland low clouds and fog will push. could happen just about anywhere. low temperatures into low 50s, upper 40s along the coast. valleys will be cooler than other locations. notice clouds and fog pulling back from the coastline. a wide range of high temperatures, only 50s at the coast to 70s to low 80s inland. more specifically, in the south bay tomorrow, highs from mid-70s to 80s. 76 in san jose.

downtown san francisco, 62 degrees tomorrow, north bay now santa rosa, a high of 79 tomorrow, 78 sonoma. highs upper 60s to low 70s inland east bay upper 70s to around, or just above 80. accu-weather forecast, further warming sunday and a cool down monday, tuesday, not by much, then temperatures bouncing up by the end of the week. so will be baby roller coaster ride. >> the shopping trip 49ers mascot went on sour dough sam went on today in downtown san francisco >> and classified information the president dishes out on his teen-aged daughter malia. >> let's see if i can get through traffic.

interstate 80 is a mess by now. could my dad worked as a short order cook. right here. my parents were immigrants. and they taught me that with hard work, anything is possible. i earned a scholarship to mit. and worked across party lines to get things done. i'm alex padilla. i'll protect voting rights for everyone. and make it easier to start a business. so we create jobs and opportunity for all californians. what should we order? (announcer) alex padilla. secretary of state.

>> a man from china learned the hard way never leave your 4-year-old alone with your passport. >> he used it as a coloring book during a visit to south korea. cute? not so much. >> officials are refusing to allow him to leave and reports say chances he gets to return to china soon are slim to none. we'll see what happens there. >> his son is such a good artist. >> an iconic home from "ferris bueller's day off" has been sold, open the market five years a couple purchased the house in chicago for just over a million

dollars. it was offered in 2009 for $2.3 million the home features the auto pavilion where the movie he crashed a classic ferrari. >> he is sprucing up his style. >> a something about can i get there. a seamstress in san francisco for the. >> i coppic 49ers mascot. will you do the rest? >> i will. a custom made pair is good enough for sour dough. the new jeans will be ready just in time for the football season at the new levis stadium this fall. >> all right. just ahead a survivor of the rampage at uc santa barbara speaks for the first time. >> i don't -- it didn't seem real. i thought is this rubber

bullets? then, i realized i'm bleeding. >> next, a young woman recalls frightening moments including the look on the gunman's face as he opened fire. >> the move by donald sterling that could holdup the $2 billion sale of the l.a. clippers >>. incentive a pot club is offering to get voters to the ndscount thr count these days. that's why they have lots of ways for you to save. real big club card deals, the safeway app and gas rewards.

this week, large, red seedless grapes are just $1.99 a pound. foster farms fresh whole chickens are only 99 cents a pound. and gatorade is just $3.99 an 8-pack. there's more savings to love... at safeway. ingredients for life.

a survivor of a santa barbara rampage was walking with friends when the gunman shot at her five times. two sorority sisters died that day. abc news reporter has this emotional interview. >> i see his face, he smiled at me and started shooting. just wanted to do this look. he looked happy about it. >> as she and her two sorority sisters walked through the house, they didn't have a second to react the black bmw coming out of

nowhere. elliott rodger carrying out his plot of revenge, vowing to kill women he says rejected him. the car window down, he opened fire not saying a word. >> what is going through your mind? >> i -- first didn't seem real. and i'm in pain. >> bullets piercing and grazing her body. she lay on the grass, bleeding and managed to call on her cell phone. >> i had to call my mom. >> what did you tell her? >> i just told her. i have been shot. i don't know what happened. it's crazy. >> i'm afraid i'm going to die i love you so much. i love you so much. >> this morning she's out of the hospital, surrounded by family and the person who she says saved her life. kyle sullivan was walking home. >> i heard absolute rapid fire. >> he found a police officer, brought him to bianca then laid

down by her side to comfort her. >> sounded like she was giving last wishes, telling her mother how much she loved her. and everything. and she was just -- >> that is what i felt like i was doing. >> i started to tell her she's going to be okay. >> he's like a hero. >> two strangers, today, so thankful for each other. >> we're going to be bonded forever now. >> i look at her like my sister. >> she says memories make it too difficult to finish the semester at the university of california santa barbara but she wants the school to know she stands there with the thousand who's gathered for a memorial this week. >> the message here is not one more. >> a memorial service for david wong will be held on sunday. the service starts at 5:00 >> a 19-month-old boy in georgia

is in a medically induce coma after a drug raid in his family home went wrong. the special response team broke into the home using a no knock warrant at 2:00 wednesday morning after a suspect suspected meth keeler. officers through a flash bang grenade apparently had no idea that children were inside. >> some cops busted in the door and threw the grenade without looking first. it landed in his play pen and exploded in his face. >> there is no cloenls or toys or anything to indicate children were in the home. >> the family just moved in after their own home burned down. turns out the 30-year-old man authorities were looking for wasn't there. he was arrested in another house on a felony drug charge. >> reports say l.a. clippers

owner donald sterling is planning to sue the nba after being forced to give up control of his team. a source close to sterling says he will seek damages excess of a billion dollars. this after steve balmer agreed to buy the clippers for $2 billion. reports say his estranged wife was granted authority to sell the team after experts claired her husband was incapacitated the nba announced it's cancelling tuesday's scheduled vote on whether to cancel the ownership. >> a judge granted a daughter of casey kasem regular visits with him. she has been in a long legal battle with her steep mother

jean over access to her father. court filings say jean kasem blocked his three kids from seeing him the kids went to court demanding to know where their father was. another hearing is scheduled for next week. >> medical marijuana dispensaries in san jose are trying to get out the vote by tuesday's primaries for offering free, or discounted marijuana. >> abc7 news reporter is live in san jose with details on this effort to influence city elections. >> well, during the last city council meeting they were considering rules on those medical marijuana dispensaries but the action was delayed and now, it's landing on primary tuesday. so they're trying to get users to polls and then, stay for that city council meeting to show their support.

inside all american canyonis club there is a 25% off sale on pot coming in this tuesday. >> well, it will help us get the message out about voting in primary elections. that is the big thing we're trying to do right now. >> medical marijuana users showing proof they voted tuesday will be eligible for discounted and in cases free pot. they'll be asked to show up at city council chambers at 1:00 p.m city leaders are expected to continue discussions on new cannibis regulations and december pens riz are against certain new rules. >> other big concern is that it's similar to what was put in 2011. >> those rules were reject sod new rules are being worked on and i tried contacting several of the candidates named on the

flyers including donald rocha. he said he didn't have time for an on camera interview. his campaign manager says he didn't seek endorsement, we're surprised to hear about it and declines to comment on this right now. coming up, maybe one of the most bizarre things someone has ever seen. what is on the back of that bike? >> and the president dishing dirt on his daughter's teen life. >> i'm michael finney. today's q and a just ahead i'm still taking your questions and you can contact me on facebook.com/michael finney abc7 and on twitter at m finney. i'll answer questions here live in just a little bit. >> from volmer peak, you can see thin clouds and a cooling

influence to follow. i'll have the accu-weather forecast coming up. >> and at 4:36 checking traffic on the golden gate bridge. cars heading to marin, then back into san francisco. it's slowing in both directions.

. teacher layoffs. and a 60 billion dollar budget deficit. that's what john perez faced when he be speaker of the california assembly. so he partnered with governor brown to pass three balanced budgets, on time. for the first time in thirty years. today, the deficits are gone and we've invested

an additional 2 billion dollars in education. now john perez is running for controller, to keep fighting for balanced budgets. democrat john perez for controller. we've all heard about having a monkey on your back. how about a goat? someone took this video of a boat on his back. the goat having a fine time,

looking around. no cares in the world seems comfortable. do you think other goats look at him and go... so jealous? we have to walk everywhere. this guy has a limo a human limo. >> a group of friends in pennsylvania pulled off a trick last weekend they completed this stunt completing ten passes ending with a slam dunk. it wasn't easy. it took them 22 tries before you br getting it right. it's been watched 180,000 times on you tube. >> that is a good job. one more time here? >> there. >> exactly. >> yes >> president obama revealed his daughter, malia attended a prom. >> did she go with a boy? >> this is classified

information. it's fair to say that the first time you see your daughter in heels is a little bit jarring. yes. she's lovely. beautiful. >> the president made that revelation during an interview on "live with kelly and michael". she's 15 years old and in 10th grade, going to start driving this summer, turning 16 on the 4th of july. they asked the president if a boy would be intimidated pulling up to the white house in a limo to pick malia up. he says he didn't think he was that intimidating. live with kelly and michael airs weekdays here. >> time to head up to the roof. >> the kid is going to be sweating bullets. taking a look at weather, things nice, cool and brisk right now.

live doppler 7 hd shows low clouds and fog. pushing inland overnight. tomorrow, active weather with thundershowers along the coastline. highs around, just above 90 degrees throughout the central valley. sunny inland and in san jose, it's san jose greek festival. temperatures dropping into upper 60s by 8:00 p.m . so lovely day for greek festival or anything you want to do tomorrow. have a great weekend still ahead a ride along turns

into this experience. >> this high school student about to get a surprise from one of the nfl's most-popular players. >> i'm michael finney. important information you need to know when buying a used car in a dealership. coming up next.

right here. my parents were immigrants. and they taught me that with hard work, anything is possible. i earned a scholarship to mit. and worked across party lines to get things done. i'm alex padilla. i'll protect voting rights for everyone. and make it easier to start a business. so we create jobs and opportunity for all californians. what should we order?

(announcer) alex padilla. secretary of state.

>> an alabama boy scout got more than he bargained for when he went on a ride along. a suspect led them on a high-speed chase then crashed into the patrol car. he captured it on video. officials say it's amazing nobody was hurt. police say the 23-year-old suspect violated a protection order when visiting his ex-girlfriend at her job. >> as the vehicle was headed towards me, ways terrified. my adrenaline was high. >> you called your dad? >> correct. i told him what is going on i had officers there taking him

into custody. everything worked out just fine. >> that is a ride along, he plans to follow in the footsteps of his dad, a sheriff's deputy. >> when you lie to your girlfriend you should apologize one guy decided to take it to the next level, standing on top of his car on the side of a nashville interstate this morning holding a sign that said pleasing forrive me. sorry i lied. he says his girlfriend saw the stunt and no word on whether apology was accepted i wonder how bad it was. >> would ta do it for you? >> depends on the crime. >> on the infraction. >> yes. >> okay. >> high school girl in virginia received super star help to ask

a class mate to the prom. >> the 17-year-old was lured to her lacrosse game last night where morgan was ready to pop the question in a really big way. the young man with keer bral palsy pushed down the tracks toward a banner that read i know i'm in the as cool as rg three but will you go to prom with me? >> behind the sign was the super star quarterback. >> he's filled with light we make time for stuff like this. >> i am just grateful he came to help. that is really cool. >> his mom was excited saying in a time when you see many negative stories about children, something like this happens and it just makes you feel good. >> that is fantastic.

>> yes. >> michael finney here answering questions sent in by facebook, twitter and e mail. they have told us the car had been repainted we paid to fix chipped paint. >> if it is certified under buyer rights package. here is one place you might be able to sneak here. you can potentially say it wasn't repaired correctly. it's tough. if repaired correctly it doesn't fall on the bill of rights. >> all right. darl e mailed i have direct

deposit for retirement check. >> that is a great question. if it's in your account and there is not a hold on it, you know sometimes you can do a credit card purchase that goes on for months. if once hitting your account it's yours. for your use. >> finally i paid my february credit card bill in full but one day late. my current bill now shows $93 in late fees. do i pay? or dispute it? >> wow. late is late. i want you to call up and go do you know what? i thought i was on time. would you do me a favor just waive this fee? i paid it f you've been a good

tw good customer you've got a chance, but have a better chance next month than 2, 3 months. >> right. >> so if acting quickly possibly puts them in a bad spot? >> right. >> a person answering your call has power toing forrive that. >> and now you're going to get a supervisor. may, may not. >> give this one time courtesy. >> right. right. >> mark zuckerberg with a lot of new friends in the bay area because of a big donation he, and his wife made. >> a teenager losing his faith and lgbt

here is tonight's prime time line up. shark tank followed by what would you do then join us back here at 11:00. may is asian pacific american heritage month. we're using our abc7 news instagrm we'd recognizing a doctor from the eye care program. he has helped save sight of millions around the world we have more information on instagram. local school districts are liking facebook today. ceo mark zuckerberg and his wife plan to donate millions to help struggling schools do better. more now on one of the schools that will benefit. >> it pays to be a friend of

facebook. mark zuckerberg and his wife announced in an essay they're chitting $120 million to schools start up education fund for under served communities in the bay area, writing education is something worst investing in the first going to the redwood city school district and facebook neighbors in east palo alto the superintendent is grateful for the help. she says most families in the area face many challenges including living below poverty line, and a lack of access to technology. >> our students are every bit capable we just need the tools. >> facebook gave away lap tops to 8th grade students.

swefls as well as teacher training and outreach. >> i'm thinking it's a better environment here, we're no longer behind in technology. we're moving forward. there is a good chem tri between face book and ourselves. >> everything is done. if you want to apply for a job you have to do it on a computer, online. they prepare kids for the real world >> the rest will be distributed over the next five years z interesting note, mark zuckerberg isn't giving away money sh but also giving away his time. in menlo park matt keller abc7 news. >> thanks for joining us for abc7 news at 4:00. the news at 5:00 begins right now in dan and ama.

thank you. another case of bullying but this time, the family is talking >> out of the hospital, but not out of the woods. a man on what it was like crossing path was the isla vista killer during the rampage. and i'm abc7 news reporter sandhya patel. i'll let you know if the trend is going to continue into the weekend coming up. >> a richmond man under arrest for attacking a fifth grade boy. >> police say that bernice heard went after the son's alleged bully on the school bus. we're live tonight with the story to take us through what happened.

>> the boy did not have to go to the hospital but was injureed and richmond pd arrested the dad on a felony the 44-year-old has been charged with felony assault. police say it happened thursday morning on the school bus in front of the home. investigators say heard went after an 11-year-old boy he believes was picking on his 9-year-old son. his guardian and aunt says he told her he was yelling and cursing on everyone on the bus. >> he walked into the middle. and choked them up by coat and shirt and that is when everything happened. he was getting hit and everything else. >> officials say the bus driver interinlt conveniented but didn't alert the staff the principal says she learned about the attack from the child

himself. . >> i saw he did have a scratch on his face, i called the guardian and police. to investigate. he wasn't crying when he came to my office. i can tell he had been crying. >> heard is being held in jail bail set at $50,000. >> he was drunk but explained he was tired of his son being bullied. >> as for the bus driver, will no longer be subbing for the route. not only are parents not allowed to enter school buses but the company says drivers are supposed to report incidences immediately. >> this is the second case this month of a bay area parent could confront a