video we're watching shows. good evening, i'm dan ashley. >> and i'm kristen sze. thanks for joining us. the judge says the two police officers who shot the man were trespassing. now the judge is dismissing most of the charges against the man. >> abc 7 news reporter vic lee is live in san francisco with more. and, vic, the public defenders office is pushing for even more action, right? >> reporter: well, dan, the judge did make some significant rulings yesterday from the bench in this offer certificate-involved shooting case. and on the heels of those rulings, public defender jeff adachi wants the district attorney to drop the whole case saying his client wasn't braeking the law. it was the police. >> a judge yesterday dismissed most of the charges in the criminal complaint that was filed against sean moore. >> reporter: sean moore, the man standing at the top of the stairs in this body cam video from one of two officers. they were responding to a neighbor's complaint in early january that moore was acting

aggressively to a neighbor. the confrontation with the officers ended when he was shot several times after a scuffle on the top of the stairs. moore was charged with numerous felonies, including assault on a police officer. his mother says he had several surgeries before being transported to jail. >> we have not had a lot of contact with sean because -- i'm sorry. he stayed in the hospital for quite sometime. >> reporter: the judge dismissed all but two of the eight charges. battery causing injury and a misdemeanor violation of a stay away order from his neighbor. public defender jeff adachi says the judge's ruling means the officers were trespassing on moore's property once he said this to them. >> you are. you're on my stair. >> mr. moore was within his

rights in demanding that the police officers get off his steps and leave him alone. >> reporter: the d.a.'s office tells abc 7 news they'll review the judge's transcripts before making a decision on the case. vic lee, abc 7 news. >> bart says it has identified multiple suspects in the mob attack that happened over the weekend at the coliseum bart station in oakland. investigators identified using surveillance video in the train car. up to 16 robbers swarmed the car. this incident was last night at the lake merritt station. four teenagers were seen entering without paying and heading for the platform. to be safe, bart ordered two inbound trains not to open their doors as they went through lake merritt while bart police searched for them. they were not found. four teenagers punched and robbed a man of his camera at stow lake in golden gate park. police say he was at the lake

around 6:30 on tuesday night when four 16-year-olds pulled up next to him in a car, got out and attacked him: man is okay. the teenagers, though, are still on the loose. >> there is concern in berkeley tonight that even though ann coulter's planned speech tomorrow at cal is off, things could still get violent. the conservative commentator announced today she won't speak on campus. she had previously insisted she will show up despite the school saying it could not accommodate her due to safety issues. the school says [ inaudible ] what to expect tomorrow, but it is preparing for protesters. >> we are still planning for the situation occurring in our community. >> back in february, a planned speech by milo yiannopoulos was canceled as well, but only after a violent protest began. that night police were mostly inside the student union rarely venturing into the crowd. officials tell us they may use a different tactic tomorrow. >> as you can imagine, student

groups in berkeley have a lot to say about the speech being canceled. >> abc 7 news reporter melanie woodrow is live in berkeley with that part of the story. melanie? >> reporter: well, the focus here has shifted in the last few hours from if, where and when ann coulter would speak on u.c. berkeley's campus to which organization or individual is ultimately responsible for the speech no longer happening. the answer to that question depends on who you ask. berkeley college republicans gathered in front of the plaza. the place of the free speech movement to announce conservative commentator ann coulter would not be speaking on campus thursday. >> the university and u.c.p.d. are at fault. >> reporter: university officials say there is no secure venue for coulter to speak on campus tomorrow. she rejected the university's may 2nd alternative. >> nobody's memory here has so much time been spent with a single student group trying to make something work.

>> reporter: the foundation that invited coulter would not jeopardize the safety of staff or students. coulter tweeting today, i'm so sorry berkeley canceled my speech. i'm so sorry yaf acquiesced in the cancellation. and i'm so sorry for free speech crushed by thugs. >> she has a right to her opinions, but it is u.c. berkeley that canceled the speech. >> reporter: the attorney representing berkeley college republicans and young america's foundation. >> the lawsuit is not about ann coulter. ann coulter was the catalyst and the straw that broke the camel's back on free speech. >> reporter: the co-president of the nonpartisan group that invited coulter said things had gone sour between his group. >> while we wanted the facilitation of dialogue, they wanted provocation. >> i don't believe freedom of speech is a -- >> reporter: they say they welcome coulter's visit in the

future. >> if ann coulter is willing to come to u.c. berkeley, the invitation is open. all eyes are on us right now. if she comes back, all eyes are going to be on us again. >> reporter: in berkeley, melanie woodrow, abc 7 news. >> the free speech movement began at cal three years ago. it started 1964 when students sat down if he plaza demanding the university lift its ban against political activism. these iconic images help the movement become a flash point of the 1960s. the university eventually gave in, lifting the ban on all political activity and fund-raising on campus. >> the there is a full moon out tonight with the scandal involving wells fargo and how it brought in new business. wells fargo is denying claims it invited undocumented i am grarnts as they tried to meet sales goals. the chronicle reports employees even paid immigrants to open these new accounts. wells fargo fired back saying this. quote, these assertions are

offensive because they run counter to the expectations of wells fargo and would be a violation of policies we have in place to safeguard against abuses. >> a man accused of attempting to kidnap a woman in san francisco is adamant that he's not guilty of the charges. dylan bravo appeared in the san francisco court today. cameras were not allowed inside. prosecutors say witnesses are key in this case. >> there were witnesses where the victim was able to escape. and everyone was doing their part to ensure that this incident transpired in a way where no one was seriously hurt. >> bravo is accused of grabbing a woman last saturday in pacific heights and tried to force her into his truck. a man passing by intervened and scared the attacker away. police used witness descriptions and arrested bravo the next day in petaluma after a short chase. >> new details tonight about a san jose man who is being held in a florida i.c.e. facility. dennis davydov a gay man from

russia living with hiv and seeking political asylum in united states. he was detained while traveling back [ inaudible ]. chris nguyen more on the fight to get him released. >> reporter: it was supposed to be a break for a san jose resident, but a week long vacation to the u.s. virgin islands ended with him being detained by u.s. customs and border protection. >> he doesn't understand what is happening. it is a lot of stress for him. >> reporter: terrified because he is a gay man living with hiv, he's been at the i.c.e. operated chrome detention center in miami for more than a month. >> he should be released as soon as possible. that is a horrible mistake and it should be corrected. >> reporter: back in 2014, he came to the u.s. from russia on a tourist visa and applied for political asylum shortly thereafter. cbp declined to comment on the specific case, but said in a statement, each visitor to the u.s. is considered for admission

on [ inaudible ] and may in some cases be refused entry if a determination is made that the visitor is attempting to enter the country in violation of terms of their visa or other applicable u.s. laws. legal advocates said he did everything right and had permission to be here. >> we don't ever want to panic the community, but this is certainly not business as usual and it is quite unnerving. >> reporter: he has been provided with medication from the medical staff, but has yet to see a doctor who specializes in hiv. his bond hearing is scheduled for may 8th. in san jose, chris nguyen, abc 7 news. >> grief counselors were at pittsburgh high school today after a student suddenly collapsed and died. it happened yesterday after school in brentwood. 17-year-old senior had signed up for the marines. he was on a training run with other recruits at veterans park when he collapsed. his dad says floyd joined the military to get money for college.

>> first and foremost he was a musician. he played sacks phone for six, seven years. i was pleasantly surprised when he mentioned playing football. his brothers and sisters are athletes. so, when he said he wanted to play football, i about fell out of my chair. >> [ inaudible ] football for three years. the coroner has not determined a cause of death. his dad said floyd did not have any health probtz. >> well, gearing up for a fight next at 5:00 how keeping the internet open and fair just became a new battle ground. >> the president signed an executive order and the national monuments now being reconsidered. it is prompting local concern. >> i'm abc 7 news meteorologist sandhya patel. when you look at pictures like this it might be hard for you to believe we have summer like heat coming. i'll let you know when straight ahead. >> give thanks and the kids who say art is peace and why they say everyone deserves to know

take a look. it's nice, isn't it? this is how the artwork should be displayed, in a large for matt. oektd students created this art to go under a freeway overpass, but a problem with cal trans has put that project now on hold. meant to beautify west street under i-580 in north oakland. here's abc 7 reporter kate larson. >> reporter: after school today, this group of elementary students took to the streets of west oakland to fight for their right to paint. the freeway underpass for west street was meant to be covered in march by a colorful mural inspired by the students' art. cal trans which owns the wall has delayed the project. >> i'm worried because when the school ends, we won't be able to come together. >> reporter: 9-year-old destiny johnson helped create one of the characters for the wall, which has been a reimagined by a professional artist.

>> she has super powers and control the super speed. she can run if they do something bad. >> reporter: super heroes are a theme. attitudinal healing connection which has been working with cal trans since 2011 to create six underpass murals, three of which are already complete with no problems from cal trans until this year. >> right now cal trans legal department has pretty much put a block on production of our fourth mural. >> reporter: she is the executive director of ahc and says cal trans wants exclusive copyright of the mural. the rights aren't theirs to give since the students nonprofit and professional others all take part ownership of the piece. >> it's a very collaborative process and, you know, i think the cal trans understands that. and, so, i don't know why this is a problem.

i don't know why they can't figure out how to help us move this project forward. >> reporter: meanwhile destiny and her classmates will keep the art alive. in oakland, kate larson, abc 7 news. >> now, kate just talked with cal trans spokesperson. he tells us the policy on murals has been the same since 2003. however, last year cal trans started asking artists to sign a form clarifying the agreement. kate will explain why that is causing confusion on abc 7 news at 6:00. >> a group of more than 800 tech start ups is urging the federal communications commission chairman not to go forward with his plan to dismantle netanyahu tralt. chairman wants to throw out the rules which prohibit internet service providers from favoring or discriminating against web traffic to certain sites. in a letter, start ups seen on the screen hearsay netanyahu tralt is needed to help new companies compete online. a vote to begin the possible change of the process is scheduled for may 18. six national monuments here

in california could be changed as a result of a new executive order. the order signed by president trump today calls for widespread review of more than two dozen national monuments proclaimed by the last three presidents. that includes sequoia national monument, snow mountain, and the mojave trails. >> let's be clear. this executive order does not remove any monuments. and this executive order does not weaken any environmental protections on any public lands. >> two congressmen say snow mountain is not in danger because it is was created with strong local support. it is not clear if it is legal for a president to rescind a previous president's nonument declaration so the matter could be settled in court. >> a bay area company is one of 14 being accused of federal regulators of selling products fraudulently claiming to prevent cancer and other serious diseases. >> 7 on your side michael finney is here to tell you more about

that. >> it is pretty amazing. it is a warning letter from the food and drug administration. it's been sent to healing within products and services and san anselmo in marin county. the products listed are said to help cure a variety of diseases and ailments ranging from cancer to hiv to warts. this letter states products are not recognized as safe and effective. we checked on healing within's website and it appears the products that were flagged had been removed. 7 on your side contacted healing from within for comment. the unidentified person who answered the phone said her dad died in 2015. no one was available for comment. tesla is moving quickly to deploy an ought matt braking system to the released model s and x electric vehicles. just yesterday consumer reports lowered its rating for the vehicle because the automaker moved too slowly to deploy the technology. today tesla announced software updates will add the feature. the emergency braking system will be standard feature in all

u.s. autos by 2022. that's under an agreement with the federal regulators and the insurance institute for highway safety. consumer reports says it has heard promises from tesla like this before and it remains skeptical. the next generation alexa is coming. the echo look is part camera, part alexa, and part fashion analyst. you can take a full body photo of your outfit and the echo look will tell you which one to wear. do i look fat in this? the echo will sell for $200 if you want to get one, you'll have to first request it. we have a link with more information, abc 7 news/7 on your side. just need one more person critiquing me. >> i would have got my mother for that. >> we love you, mom. >> announcer: now your accuweather forecast with sandhya patel. >> good evening, everyone. it has been a dreary day across

the bay area and in case you're wondering how much rain we measured, some places it was drizzle, some places we actually saw showers. so, oakland about 5/100 of an inch. most spots between 2 to 3/100s of an inch. there is still heavy cloud cover and even some fog over the bay area. we are still tracking some really light returns as you'll notice as we take you into street level radar. folsom street, you might want to hang onto the umbrellas. we show you in the north bay around adobe road, petaluma still looking at some spotty returns. here's the hour by hour forecast. if you're stepping out tonight, running some errands at around 7:00 p.m., do expect a few little areas of some damp roadways. by 9:00 p.m. still looking at isolated returns. at 11:00 p.m. primarily [ inaudible ]. a dryer air mass begins to move in so 5:00 tomorrow morning you're already starting to see some sun and it is going to be nothing but sunshine for later on in the morning.

san jose camera, giving you a little preview, seeing quite a bit of cloud cover, but blue up above. 60 degrees in san francisco. pretty much all in the 60s except half moon bay cool 57 degrees. if you are going to head out, visibility is poor as you look from our golden gate bridge camera. it is also a little damp outside in spots. 66 in santa rosa, currently 64 livermore, one other live picture from our abc news 7 exploratorium camera. if you want to crawl back into bed and go to bed, you won't feel that way tomorrow. warming trend starts tomorrow. gusty winds the next two afternoons. it's going to be much warmer saturday through next tuesday. here is your hour by hour planner for thursday. couple of clouds tomorrow morning. 40s, 50s, as we head into noontime it is going to brighten up. and it will get windy along the coast line at 4:00 p.m., but it will be ape milder day. sun goes down, the sttemperatur will be in the 50s and 60s. when you get going tomorrow morning a cooler start.

mid 40s to 50s. by the afternoon expect it to become a sunny milder day. low 60s to the mid 70s, it will be windy coast side, breezy inland. and you will see on the hour by hour forecast those winds increasing by noontime along the coast to 30. about 40 miles an hour in the evening on thursday and then we go into friday and those gusty winds will continue. we'll also see the wind spreading across parts of our inland communities friday evening. download the abc 7 news app. it is always a handy tool to have especially when you want to look at weather like this. i think this is an accuweather forecast we have not seen in months. sunshine wall to wall. thursday through wednesday, up earn 50s to mid 70s tomorrow. it's a dry forecast. nothing but warmth. windier on friday. certainly a warming trend for the weekend with upper mid to upper 60s coast side mid to low 80s inland. 90 degrees near tuesday. coast side, soak it all up. >> we need warm weather.

>> it's about time. >> there you go. >> we get warm weather. >> thank you. careful, he might hear you. why baby hump back whales whisper. that's next. then at 5:30 on world news with david muir. >> coming up the white house claims it will be the biggest tarks cut ever. corporate taxes slashed. how will they pay for it? the state trooper shot while on duty tonight. home surrounded, residents told to stay indoors. severe storms hitting now. all of it coming up. >> holy cow. oh, my god! >> holy cow is right. a giant land slide caught on camera closes a major stretch of highway in an area that just cannot get a break. we'll have that zor i and a lot more at 6:00. chris and i will continue here in a moment.

the energy conscious whopeople among usle? say small actions can add up to something... humongous. a little thing here. a little thing there. starts to feel like a badge maybe millions can wear. who are all these caretakers, advocates too? turns out, it's californians it's me and it's you. don't stop now, it's easy to add to the routine. join energy upgrade california and do your thing.

sunnyvale plands to ask a judge to issue an injunction to keep city workers from going on strike. this follows a strike vote by members of the sunnyvale employees association. a contract dispute involves about 450 of sunnyvale's 900 workers. they include libraryians, public works and parks employees. union leaders want a 17% raise to keep up with silicon valley's high cost of living. the city has offered 10%. a one-day strike meantime by some court workers in alameda county today. abc 7 news was there as these interpreters chanted and walked a picket line outside the county courthouse in oakland. they claim that after eight months of bargaining over wages and benefits, they are still without a contract. the workers provide help to victims, witnesses and defendants. we have not heard back from court administrators about what

is going on. >> animals of all sizes high in order to try and stay quiet to avoid predators. the biggest mammal on the planet is no different. a new study found newborn hump back whales and mothers whisper to each other to escape potential predators. whales are known for their loud calls, but the new research from australia is the first time scientists have observed the unique intimate form of communication between hump back mothers and calves. in case you're wondering who are the predators, sharks or humans. >> fascinating. we return to a berkeley church and what could have been traumatic was instead cathartic in so many ways. that's next. >> first we want to thank abc 7 news viewer kevin for this light house in santa cruz. there it is. gorgeous skies. wow, the colors. >> remember, share your pictures with us on social media. just use the #abc7now. you may see it on air or online

i'm alma daetz. can you have ug up on abc 7 news at 6:00, packing up and moving out, san francisco ee vikts its first artist's colony since the ghost ship fire. the tenants and landlords aren't happy, but for different reasons. also he looks like a kid, but police say he's the master mind of a notorious irs phone scam. it wasn't just the victims who were fooled. plus. >> it's a warm and caring place. it's truly home, home away from home. >> the unique after school program that's thrived in one of the gritty est neighborhoods. it's at abc 7 news at 6:00. dan, kristen? >> see you then. >> it was a special day in berkeley for a special group of japanese americans. >> the first congregational church. as the bus pulled up, coming in from topaz, utah. on it world war ii intern ees with family and friends.

>> and they had just returned from the visit to the internment camp where they spent the war, their families i am prisoned. a remarkable 75 years ago on this day the families voluntarily reported to that berkeley church to be processed and sent away. >> with luggage and parents and [ inaudible ]. i was so confused as a child. >> look at this. a carving made at the camp using wood and barbed wire. >> the group is holding a commemoration. that church opposed the government's internment order. very powerful. >> history has proved the church was on the side of right. world news tonight with david muir is coming up. >> we'll see you this weekend at 6:00. >> as you mention, in the

meantime, abc7news.com has your news. tonight -- several developing stories as we come on the air. the white house now claiming it will be the biggest tax cut ever. tonight, we'll show you the one-page proposal. corporate taxes cut by more than a half. who will pay for it? and our jon karl asks, will the president release his taxes? also tonight, the showdown with north korea, new tensions. and now all 100 senators invited to the white house late today. we have late word from inside that rare briefing. the severe weather threat as we come on the air. tornado warnings and now major storms. millions in the path this evening. fox news under fire again. just days after pushing out bill o'reilly, what another fox host just said about ivanka trump in this moment. tonight, he says that's not what he meant. and we do have breaking news. the state trooper shot while on duty, the manhunt, a home