magnificent. >> reporter: the view from sky showed a sea of red in front of city hall. teachers came together to rally for better wages and improvemen. our salaries no way is keeping pace with the cost of living here. >> teachers and parents of the community school were on the picket line early this morning. according to the principal only 14 of the 430 students here came to school today. >> these two late rivals made it 16. >> i have to do what i have to do for my family. i still support the teachers regardless. >> she a teacher. >> we know that some families have no other option. that's fine. >> the union is asking for a 12% pay raise over three years. the district is offering a company sags packag of 8.5%

over four years. >> we hope it doesn't last. we can come to a resolution quickly and get to the education of the students. >> the union hinted it will not accept the districts latest proposal. >> this is what citizens want. this is what the parents want. it's in the district court to listen to the community here. >> negotiations resume tomorrow morning. >> we're here at union headquarters. because at 5:30 they will debrief us and how many kids showed up today and also kind of tell us what they plan to do tomorrow. strike does continue tomorrow, friday. >> thank you. some parents really had to scramble today to find a place to care for their kids. >> we continue the team coverage

from redwood heights elementary. >> and we're told by the teachers only five of the 350 students who normally are here showed up today. the principal won't officially comment on numbers. or anything. but just about a block away is the redwood heights reck center. and a lot of kids spent their day there. >> a name and your name. signature. and emergency contact. >> she is trying to find a place to leave her 11 year-old son. before she heads to work. first she considered taking him to school. and saw teachers on the picket line. >> i went to school to drop him. and i didn't feel right leaving him. not because he wasn't safe. because i felt that i wasn't supporting them. >> the teachers instead recommend she take him to the recreation center. which was gearing up today to handle kids with no place else to go.

they were expecting a little bit of chaos. >> but a lot of fun. a safe space to come to. >> teaching a class. we have musicians coming out. we have put together curriculum based on the requests and responses of teachers. >> the reck center can handle 60 students grades three and up. 75 younger kids could hang out at the church. support for the teachers of the universal among parents and students. believe it or not. some students wanted to be in school. >> i'm not taking it like a break. we're fighting for justice. for our teachers. >> another oakland institution was offering a change of pace for students out of school. the theater was offering $1 showings of a couple movies. >> we're seeing ralph breaks the internet. >> we have a lot of juggling. we're taking advantage of things like this.

and maybe a museum day. >> it's fun i get to go watch a movie. but it's a bad thing because the teachers aren't getting paid. it's not fair sfwl the other movie they were showing was black panther. a couple disney movies for kids to enjoy. they don't think they'll be doing it again tomorrow. but possibly monday. they will feature $1 shows again. we had teachers out here for the most of the day. they left a half hour ago. they'll be back. live in oakland. >> all right. thank you. govern governor newsom released a statement supporting the teachers. i hope all of the parties can quickly reach a resolution that gets kids into the classroom. >> these teachers in los angeles posted this photograph to support the teachers. l.a. unified went on strike for

six days last month. the contract gave l.a. teachers a 6% raise. more support staff and smaller class sizes. keep up to date and down load the news app. >> turn to weather now. cooler than average temperatures today. windy. but plenty of sun. >> look at that shot. gorgeous. >> postcard. >> all right. this is our bridge in the background. >> it is a beautiful day. it has been. if you don't like a chill you might need to bundle up. clear skies. lovely view. you can see the trees shaking in the breeze there. we have temperatures mid to upper 50s. san francisco, oakland and mountain view. beautiful view of the west sky. a few clouds out there.

looking west. 57 and mid-50s at napa. what are the chances of rain over the 7-day forecast. dry through the weekend. 20% chance sunday. that would be sunday night. 80% chance of rain on monday and tuesday. and 70 and 60% chances on wednesday and thursday. wet weather is coming back. i'll show you when to expect it and how much. >> in the north bay the man seen on video shooting at a sheriff deputy was in the country illegally. we broke the story on twitter. the story contains video of the shooting that may not be appropriate for children. >> the flag doesn't fly at half staff outside the sheriff department. grateful for that. having seen this body cam video from deputy sunday night. the bullet missed. seconds later the deputy emptied

her magazine into the car. killing the suspect. today immigration and customs revealed the suspect has been an undocumented mexican national. with previous records of local crimes. including driving under the influence. battery on a police officer. selling liquor to a minor. they had removed him from the country twice. in 2007 and 2010. quoting ice. ice issued a three te taners to the jail. one each in 2014, 2015, and 2016. none of which were honored. ice issued a detainer to the jail in 2016. which was not honored. ice issued all four of those before california passed sb 54. prohibiting state and law enforcement from holding undocumented felons without a federal warrant. at the time, napa county ordered the sheriff to not enquire about

immigration status. >> napa county had a policy predating state bill 54. it wouldn't allow deputies to inquire about a detainee immigration status. now we have learned the sheriff, two supervisors and the head of the jail intend to have a press conference at 4:30 this afternoon. we'll be there. >> all right. new charges filed against seven people accused of aiding the undocumented immigrant. arrested for the murder of new man police corporal. a federal grand jury indicted unsealed today. six new charges related to fraudulent identification documents. two suspects are brothers of the murder suspect. >> appears the fight between the trump administration and california over fuel efficiency standards is headed to court. the white house announce td that talks with the state ended without an agreement on a administration proposal to roll back the standards to reduce

greenhouse emissions. they say it would be too expensive. officials haven't spoken to anyone from the administration since december. when they say they receive fd no response to suggestions for compromise. >> san francisco hall of justice had to be evacuated this morning. the gas leak. sky 7 over head dozens of people waited outside the building. a third party construction crew hit a gas line. after 10:00 a.m. to about the utility safely closed off the flow of gas. the leak closed down the seventh street off ramp. from eastbound highway 80. traffic backed up as emergency services worked to clear the area. >> hazmat crews responded to a crash. south main street off ramp in walnut creek 9:00 a.m. a van and vehicle involved in the crash. there was concern materials inside that van were corrosive. some containers opened in the crash. confined to the vehicle.

two lanes of the freeway were closed. clean up traffic was back normal. >> jussie smollett makes a court appearance in chicago. we have a live report up next. on the details released by prosecutors. >> another blow to tesla. the consumer report is pulling its recommendation of the model 3. >> celebrating in san francisco. a busy downtown street is it roping after seven years. >> our first look at traffic. this is the san mateo bridge. it looks good actually. oncoming traffic. that's the heavy commute direction at this hour. it's flowing smoothly. on the right hand side. folks heading to the peninsula. back with more after the break.

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jussie smollett has been released on bail after making his first court appearance. prosecutors say ploeted a fake attack to make it look like the victim of a hate crime. live with the latest. >> jussie smollett was responsible for the threatening letter that was sent to empire. when that didn't get enough attention he planned the attack. hoping to get a better salary. >> starring role in a racial attack that played out three weeks ago. >> why would anyone especially an africa american man use the symbolism of a noose. to make false accusations. >> smollett is accused of casting two brothers as the

offenders. paying them $3,500 by check. allegedly telling them not to hurt him too badly and give him a chance to fight back. >> he wanted him to place a rope around his neck. poor gas on him and yell this is ma ga country. >> sitting down with robin roberts last week. >> my concern is hate crimes will publicly be met with a level of skepticism. that previously didn't happen. >> now the empire actor is charged with felony disorderly conduct for filing a pafalse police report. his employer saying they are considering their options. >> absolute justice would be an apology. to this city. that he smeared. admitting what he did. and then be man enough to offer

what he should offer up in term of all the resources that were put into this. >> the judge called the allegation outrageous and despicable. he's out on $100,000 bond. he's back on the set of empire. due in court next month. >> all right. thank you so much. president trump weighed in on the smollett case. on twitter today. with a tweet directly to the actor. saying quote, what about maga and the people you insulted with your racist and dangerous comments? >> smollett arrest a week after his interview with good morning america. where he discussed the alleged attack and implications. and great detail in the interview. today on the program she called the case a set back for race relations. home phobia and maga supporters. former prosecutor echoed that and took it further. >> if true, he has almost single

handedly had this chilling effect on the lgbtq community. black community. on victims. and just already this divisiveness in the country. i don't think our country needed this. and because of that prosecutors will be taking this very seriously. >> added the interview will likely be used as evidence by the prosecution. saying it locks the actor into a particular account of his alleged incident. we have more coverage of this case online. including a new time line of events that we posted. >> now to san francisco. one ocht most frustrating bottlenecks in the city is reopening after seven years. a three block section has been closed for construction. there's joy over the reopening. sadness because of stores that closed because of the

disruption. >> there's plenty of reason to celebrate. one of the city's signature shopping streelt streets has been closed for seven years to allow construction of a tunnel and station. that will south of market to china town. >> we expect 65,000 riders a day. it will be the businessest the day it opens. those are projections. >> the project is costing $1.7 billion. not including a huge price paid by retailers and other businesses. the union scare business improvement district counted how many stores closed. the three block section that will reopen saturday. >> let's see. maybe five or so. on this >> business in china town has been suffering. we have been less tourist traffic and closed long time businesses.

>> it's estimated a third of china towns 1,200 businesses closed due to the disruption. however the hope is that completion of the sub way will revitalize every district along the route. providing easier and faster access. >> this is probably the last time you'll see a scene like this. devoid of buses and cars. the central subway will be opening by the end of the year taking people from south of market to china town. >> we should point out david hurt his arm. it's in a sling. >> fighting through the pain. >> he plays hurt. >> and the wind and cold. >> it looks nice. >> nice day for looking out the window. if you don't like the chill. we have clear skies as we pointed out. a breeze out there. on the cool side. but compared to midwest cold, this ishi. here a live view from the tower cam.

these are forecast features. code conditions inland over night. with near record low temperatures in the early morning. dry pattern we have now continuing through the we could and rain returns early next week. lows will drop into the upper 20s and low 30s. there maybe a record or two there. and concord we project will drop to 32 over night. a record low for tomorrow. we expect a low of 31 livermore. mid to up erp 30s around the bay shoreline. tomorrow sunny skies once again. breezy conditions. highs will be in the mid to upper 50s. same range we had today. here's a nice live view of the golden gate. we'll look at pollen index for tomorrow. tree pollen will be moderate. no concern. and the uv index is moderate. nice day to get outside. looking ahead to saturday. the day of the chinese new year parade. we'll see partly cloudy going into the late afternoon and

evening. temperature mainly low to mid-50s. should be mpleasant. people start assembling before 4:00 p.m. we have the 4:00 p.m. posted there. and with the weather conditions. mainly dry and sunny 6789 let's skip ahead to midnight. monday night. actually midnight sunday night. 12:00 a.m. that will be the arrival of the next rain dropping down from the north-northwest. it will be a wet day monday. wet day tuesday. and showers may linger into wednesday and thursday. the first four days of next week maybe wet. 7-day forecast. dry tomorrow. and dry on saturday. although a few clouds move into the sky on saturday. sunday oscar sunday. we expect partly cloudy skies maybe a late night sprinkle or two. monday we have a storm ranking one on the scale. stronger storm on tuesday. with stronger winds. that will rank 2.

and showers and light rain on wednesday thursday. >> dry weekend ahead. >> kind of a perfect pattern. a few days to dry. and four days of rain. keep it coming. >> most of us light rain. not heavy enough or last long enough we have a great risk of flooding or anything. >> keep it going. >> san jose state may in the be the first name that comes to mind when you think of bay area universities. the school is the most under rated in the country sfwl another live look at traffic. this is our bay bridge cam. for folks coming into the city. and it's fantastic. >> i want to get in my car right now. to cross the bridge. >> just for fun. >> there's no back up.

united way is offering free tax preparation to households earning less than $55,000 a year. kicked off this morning. united way and the irs get the message out. to claim the earned income tax credit. which are increase the tax refund by as much as $6,000. >> experience the joy of actually getting a check from the government. rather than sending one to the government. >> the program has more than 200 locations in the bay area. last year volunteers processed more than 78,000 tax returns. claiming $81 million. >> in t sand cal. the greatest institution of higher learning. one is getting attention for being over looked. ing san jose most under rated college in the

u.s. we explain why. >> they will not been over looked anymore. the educational web site has ranked home of the spar tan as number one you aren't rated in the country. >> college vine came up with the rankings. including cost of i ten dance. financial aid assistance and return on investment. located in the heart of silicon valley. and stupt students in stem fields have really great incomes. >> jobs like apple and google. >> tremendous faculty. great students. it's very reasonably priced. a return on investment makes a lot of sense. for us it's not a shock. >> if you'd like to see a full list. we set up a linken our web site.

>> california attorney general wants to close a loophole. the announcement today on a proposed bill that would increase consumer protection in the event of a data breech. >> hope hosting a historic summit on clergy sex abuse. a bay area lawmakers wants to require stricter reporting.

that breaking news is in fair field. sky 7 oemp the scene of a major traffic mess the on interstate 80. westbound lanes are closed because of a roll over big rig blocking the freeway. this happened about 3:00. the big rig was hauling a bunch of wrecked cars when it rolled over. no word on injuries. but you can see the traffic backed up is a huge mess. including eastbound direction. because you have the lookky lieus trying to see what's going on. no estimate of when it will be cleared. the traffic goes seemingly forever. we'll keep you posted. >> the other stories making headlines. day one of the teachers strike

in oakland. educators and students rally at school and city hall. calling for higher pay and smaller classrooms. the district says there's no room in the budget. negotiations resume tomorrow morning. >> at the redwood heights reck center. and oakland families are honoring the pigt line by not sending kids to school. in search of child care. jussie smollett was in court today. chicago prosecutors laid out their details of his alleged staging of a hate crime. including a personal check made out to the accomplices. >> pope francis and other leader in vatican city confronting the decade long sexual abuse in the church. in rome with more on the first day of what is a landmark summit. >> the first day of the summit focusing on the responsibility that growing catholic leadership should carry. not just for the past.

by focusing on that to prevent it from happening in the future. a scourge on the church. opening the first session saying the holy people of god expect concrete and effective measures to come out of this. cadinal at the popes side. chicago's cardinal playing a role here in organizing this summit. not merely in the order of who will be speaking but the cardinal said himself directing it toward clear policy for handling abuse cases. and what penalties bishops themselv themselves should face if they don't act to stop abuse or punish offenders. a significant part of the meeting is making sure the church rules for handling cases are uniform and enforced in countries around the world. >> a fact not lost to many here is the folks back home are demanding action. that doesn't come from a meeting many rome. but absolute action but in their hometowns and cities. it is hoped this summit will be a cross road for the catholic

church. restoring faith in people the priests and bishops to do the right thing when they get home. >> bay area law may recollect challenging the idea that religious confession should be confidential. when it comes to suspected cases of child abuse. state senator introduced legislation that requires clergy of all regardless of how they received the information. >> i can't see a justification for that exception. there are ten other states in this united states that do not have that exception. and they have are mandated reporters. >> he expects opposition from faith leaders. the bill will be up for discussion in committee next month. >> a 91 year-old former priest and convicted sex offender could be dm legal trouble again.

now sued by a minor who alleges the former priest repeatedly sexual slalted her. he was convicted in 1983. according to the media partners, the suit accuses him of sexually assaulting the girl on five occasions in her families home. between 2011 and 2016. he is already facing charges for allegedly committing lewd acts on two girls between 2011 and 2015. the news says the civil lawsuit doesn't name the church as a defendant. >> the coast guard lieutenant accuse of plotting a mass murder made his first federal court appearance today. he a stockpile of weapons and a hit list of journalists and democrats including speaker of the house nancy pelosi. and van jones who founded the ella baker center for human rights in oakland. we have the story. >> federal authorities say they

discovered the coast guard lieutenant plan to commit a racest mass murder last week. saying they found an arsenal of weapons and ammunition in his cramped basement apartment. after being tipped off by the coast guard. >> we were able to avoid and prent loss of life. >> he served in the army national guard and marines. decades ago. hoped to murder innocent civilians. fbi arrested the 49 year-old on illegal weapons and drug charges. appearing in court today. >> the sheer number and force of the weapons that were recovered from mr. hassen in this case. coupled with the disturbing nation of his writings reflect a significant threat. >> letters and e-mails he sent to himself. weeks after the er 27. charlottesville rally. he wrote i'm a long time white

nationalist. being a skin head before my time in the military. discovered is a hit list. on his computer that included journalists. speaker of the house. senate minority leader. senators warren and kamala harris. >> the federal judge in the case agreed with prosecutors that he is a danger to the community and should be kept in jail for is at least 14 days. attorneys will be able to present additional arguments to get him out of jail. >> federal judge imposed a full gag order on roger stone. took the action in response to stone's posting of photograph of the judge with what appear to be cross hairs of a gun. the judge says she believes stone would pose a danger to others in the case. stone pleaded not guilty to

lying to congress. obstruction and witness tampering. related to discussions during the 2016 election about wikileaks. >> president trump summit with kim jong un. the senior administration official says president trump and kim will meet one on one next wednesday in vietnam. this is video of last years summit in singapore. president trump is hoping to advance several priorities in the summit including a complete denuclearization. of the peninsula. and return of killed in action and missing in action americans from the korean war. >> coming up. good news for fast food lovers who are also perhaps trying to watch their weight. chick filet with new menu options. >> a great view of the western sky. there will be a stunning sunset. i'll have the forecast coming up. >> checking traffic. this is through walnut creek. 680. moving in both directions better

sad news for fans of the 60s pop group the monkeys. actor and musician died today. cause och death is not released. he had been diagnosed with cancer a decade ago. they were cast for a sit come about a young rom group trying to make in the music business. that became a megahit and the

band became one of the best selling acts in the 60s. with hits like i'm a believer. peter torque was 77. >> all right. also making news today a fast food chain has options for those on the low carb high fat diet. chick filet introduced keto friendly options. including the grilled chicken sandwich or club sandwich. both without the bun. breakfast is available as well. the chain says some of the foods have ten or fewer net grams of carbs. >> rough going for drivers in and out of the southern california. shut down interstate 5. look at this scene. southern california. over the grapevine. because of snow and ice. everything did open up about two hours ago. there is chance of more snow later this evening. travelers this weekend we say should not have a problem as the weather is expected to be clear.

>> we have no snow coming our way. we have an over night chill with lows below freezing in most locations near freezing in the inland east bay. chilly over night. a nice mild and plez san day tomorrow. highs in the mid to upper 50s. we have rain chances our way next week. substantial chances as a matter of fact. a look at the forecast starting late saturday night. clouds are thickening. that pattern continues sunday and over night sunday into monday morning. rain starts to sweep through the north bay first. it will be a partly wet commute for the morning commuters on monday. not across the entire re. 7-day forecast. the clouds increase on oscar sunday. expecting rain monday with a storm ranking one on the impact scale. stronger storm tuesday ranking two and showers will trickle in wednesday and thursday. sunday is dry. not that you're outside watching the oscars. who knows you might.

>> in the backyard. >> the amphitheater. >> all right. black history month is going strong. we'll have details on a big parade in oakland this weekend. >> consumer reports pulls a recommendation the

consumer news now. california lawmakers announce a bill to protect your private information from hackers. >> a bad day on wall street for tesla. >> up and down with my consumr reports. tesla shares dropped 4% after consumer reports said it would no longer recommend its model 3 electric sedan. consumer report issued a statement after tesla owners cited problems the vehicles in car electrical system, paint and body hardware. consumer reports complete the survey every spring about any car problems they experience the previous year. tesla said it already has made significant improvements to correct the issues. and that it has seen a significant improvement in the data. >> california attorney general

legislation to strengthen the states data breech notification law. current legislation requires companies to notify consumers if their personal data has been compromised. like driver's license, social security numbers and credit card information. this bill would require businesses to also notify consumers of compromised number information. like fingerprints and retina scans. >> the numbers are valuable to criminals. especially those who seek to build fake profiles. and commit sophisticated identity theft and fraud. >> this bill would close that loophole and extend that protection to those people who deserve it. >> the bill prompted by last years massive data breech at star wood hotels. we reported that. the company notified 300 million guests but the law didn't require it to report the incident if customers only had

their passport numbers exposed. >> the u.s. food and drug administration proposed new rule to strengthen regulatory requirements for most sunscreen. the proposal aims to bring over the counter sunscreen up to date with the latest science to improve quality, safety and efficiency. it includes new designations for ingredients like oxide and die ox side. generally safe and effective. some of the chemicals that are not recommended as safe. >> now. i want to hear from you. 7 on your side hot line is s monday through friday. you can reach me on facebook. and through abc 7 news.com. >> all right. >> your most likely longer to live longer in hawaii. and california. you knew that. life expect si in the united states is increasing except for

a spike in opioid deaths in the last couple years. data shows a baby born in 2016 can expect to live 78 years on average. more than seven years longer than a baby born in 1980. the research group found out hawaii topped the list life expect si is 81 years. california whind. at 80. >> kathy daily was paddle boarding with friend off the coast at in hawaii. last sunday. when they came across a hump back whales. a few yards away. this is unbelievable. she missed the first whale. she was able to catch the second and third. on her phone. what a moment. this is one of the things you'll

never forget. it was a show the paddle borders will not forget any time soon. >> providing a good sound track too. >> continued celebration of black history month. today our guest. thanks for coming in. you actually founded oakland black joy parade. coming up sunday. your background is actually in branding and advertising. how'd you come up with this? >> i moved back. i had been gone for oo a long time. oakland feltd different. there was not a ton of shine on the black community. we should do something that elevated the businesses and artests sp people that continue to make oakland what it is. >> great idea. what were the highlights? >> there's thousands of people. a healing village. that collects a everything from acupuncture and message. beautiful tents and lounge.

drinks. a kids zone. there's dominos. two stages with spoken word and music. the parade itself is beautiful. it's all ages. all walks of life and celebrating back joy. >> the fraternities there. and what should we which part this year? >> i think it might be double the size. it's contagious. we hit a market. people were looking for a reason to come out and be positive. it's not a protest. it's celebrating what we are. look for costumes and things unique to the black community. energy and creativity. >> how are the sponsors participating? >> a lot are in the parade. some are cure rating spaces. for example the oakland a's. are doing the kids zone for us. kaiser is helping the healing village. beats by dra and the stage. contributing in a way to help

bring black joy to the community. >> a lot of positiveivity. >> is there a contest. >> this year a best in flow award. there's four different award. choreography. best ride. best over all and best out fit. each organization that wins that gets $2,500. upping the anteand bringing joy to the parade. >> worth checking out. it starts 12:30 sunday afternoon. at 14th and harryson in downtown oakland. ends at 20th and broad way. a festival after the parade until 7:00 p.m. great music. t pain is the headliner this year. >> wow. nice. >> all ages. >> thank you so much. >> see you there. >> hollywood getting ready for the oscars a few days away. we have been taking a look at the nominees. this year a first for spike lee. obviously in the movie business for decades. right now, dan is here with what's coming up.

>> coming up, a conservative activist attacked on berkeley campus. supporters demanding justice as police search for a suspect. emotional reunion between a woman and her dog. the dog napping and ransom plot. >> a woman traveling in san francisco gets banned from tinder. she says because of her profile photograph. where she's posing with a deer that she hunted.

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six nominations. we have more. >> how long we have been doing this. >> a quarter of century. >> it's all good. >> spike lee earned his first directing oscar nomination this year. for his latest film black clans man. >> the film is also up for best picture. and producer. nominee for best adapted screen play. for spike the best part of the nomination is the fact he shares them with talented colleagues who have been with him for years. >> it was a good feeling. in order i saw in television. seeing that my long time collaborative gets editor. come suppos composer is in.

adapted screen play. that wasn't just for me. that was a all of us. combined. >> i really hate those black rats. and anyone else that doesn't have pure white blood running through their veins. >> your movie sticks in my head. you are never afraid to take a chance. >> you have commitment to what you're doing. roll the dice. and sometimes it comes up -- which brings me too the next point. the thing i learn going into my four decades of film making. timing is everything. with this film the stars align. everything clicked. that's very rare that it happens. >>

you can print out a ballot to follow along with the award sunday. find it online. we'll be in hollywood starting tomorrow covering the preparation leading up to the show. of course the only place where you can watch the oscars this sunday. at 5:00 p.m. >> and you can always get the latest news any time with the news app. it has enhanced live video features. push alerts. and get more of news you want delivered to your phone in realtime. >> have you seen any of the oscar movies? >> no. >> that makes two of us. >> sunday should be fascinating. >> that's true. anything gaga wins. >> total gaga fan. >> thanks for joining us. >> the news at 5:00 starts now. >> conservative alkt vis cold cocked on the campus of

berkeley. supporters saying it's another sign of the political divide. police are tracking down the suspect. >> enough is enough. >> oakland teachers are officially on strike. it's unclear when they or most students will be returning to classrooms. >> searching for a suspect in this attack on a student. >> he was trying to recruit new members to a conservative group. good evening. >> thank you for joining us. we spoke with that berkeley student. attacked. and she joins us live on campus. >> yeah. this student wasn't quite ready to be on camera. he has a black eye. he said this attack occurred here where i'm standing. he said it came out of nowhere.

he and others were doing what students do every day. set up tables and try to recite new members to their groups. >> the video posted by the conservative turning point shows a berkeley student being attacked by a man wearing black. with a backpack. yelling and swearing at the student. knocking his phone out of his hand before finally punching him in the eye. milten witnessed the attack. the president of the turning point berkeley. and vice president of the campus republicans. >> the individual who is the perpetrator said you're promoting violence. which is ironic. considering he assaulted my friend. and again threatened to shoot him. >> police confirm they are investigating the incident. and released this photograph of the suspect. who they say may or may not be a student. we obtained these photographs showing the alleged attacker up

close. >>