and they are telling us everything they know, that bank was murdered because of his crime of being hungry. >> now 11:00 there has been intense pressure for the san francisco d.a. to release this video of a walgreens guard killing a man who was allegedly shoplifting. now that she has released the tape, more people seem to be asking, why didn't she filed charges? >> from kpix, this is the lates with sara donchey on cbs news bay area. >> hello, i am sara donchey. it has been three weeks since bank brown was shot and killed, but tonight we are getting our firs look at what led up to the shooting inside of a downtown san francisco walgreens. the d.a. said the evidence she put out convinced her that the security guard was acting in self-defense, but tonight a lot of people who have seen the video have a new set of questions. this was taken april

27th. you can see the guard confronting brown and the two start a fight and it looks like the guard even punches brown. a one point he puts brown in a headlock. you see that moment right there. then brown gets up grabs a bag and walks out but then he moves towards the guard and that is when the guard fatally shot him. we pause that video there. police initially arrested the guard on a murder charge in the d.a. later declined to file charges, sayin the evidence showed he was acting in self-defense. the d.a also released video of anthony being questioned by police. >> i stood back because the whole time we were wrestling sh was s■aying hat she as going to stab me. that is what really pu the fear in my heart. >> said both anthony and multiple witnesses say that brown spat on anthony during th

altercation. anthony claimed that he thought brown was going to attack him before he shot him. now multiple city supervisors including erin peskin want the attorney genera or the u.s. department of justice to step in and investigate. peskin has said he will introduce a resolution asking the board to do the same he said stealing a bag of candy does not warrant the death penalty. the video and the decision has had a lot of stron reaction from people who think she was completely wrong and that she should have charged, and from others who really praised her for sticking by her conviction. so betty you reported on all of this. you go a lot of reaction from a lot of people and there are a lot of opinions on this. >> reporter: that's right, sara there is a loud chorus on both sides of this emotionally-charg d case. now residents can read all the documents and watch all the videos and decide for themselves of the walgreens guard acted in self-defense. it all happened in about two seconds. hours after the d.a.

released video of the banko brown shooting, supporters rallied outside walgreens. the public can now see what happened. a physical confrontation and later a momentary face-off that ended with the guard firing one shot. signs say we saw the tape, bank was murdered. they later marche to city hall. >> they're telling us everythin we know, that banko was murdere because of his crime of being hungry. we know that he was murdered for the crime of being homeless. >> reporter: acknowledging that there is an emotional reaction to the video, brooke jenkins said she did not file charges i the case, a decision based on the evidence. surveillance video, cell phone video, witnes statements and the interview with michael anthony. >> we had to decide whether or not we had sufficient evidence to prove this case to 12 jurors beyond a reasonable doubt. it

was our conclusion that we did not have such evidence and that is why we have arrived at this decision. >> reporter: san francisco resident diane yap supports th decision and applauds her for not bowing to political pressure. >> i hope this gets out the message that, you know, we actually are going to hold people accountable for things like shoplifting. you cannot just willy-nilly go in and shoplift , you know, fight a guard and just walk off scott free. i agree that it is very unfortunate that i life was los in this incident, but i also -- i feel like jenkins is, you know, using her best judgment. >> reporter: diane told us she read the report released by the d.a.s office. the guard told police he was in a potential life-and-death situation becaus banko had been aggressive. >> i think that it is not just the guard that killed banko, although the guard did kill

banko. i think the guard represents the system we are in >> the d.a. said today that she joins banko's friends, family and this community and grieving and searching for ways to address systemic issues that le us to today. sara? >> all right, betty. thank you for sharing these opinions. we asked a former prosecutor and defense attorney to look at the evidence, too, to get his take on the decision here. tony brass, thank you for being here so i want to ask about the evidence released today, the video, this 25-page report and witness statements. there has been a ton of reaction to this on both sides. some people really find issue with the vide in particular and feel that it does not necessarily show someone defending themselves, i this case the security guard. obviously ms. jenkins talked about witness statements and giving some weight to those . what was your impression of the video, and do you see why some

people are taking issue with what it showed? >> well, i do. the video shows really high level of aggression on the part of the security guard. we cannot hear what was being said to him, if he was being threatened, if those word made him afraid. i don't know. but what i watched in the video i see that the security guard i very aggressive, very physical and he is physically dominant over mr. brown. so it does not look to me like that is someone defending themselves at that point. now of course the real -- the question is, was he defending himself when he fired his gun? >> let me ask you about this. i addition to the evidence, the report, the statements, the video of the altercation, some people seem to take issue with d.a. jenkins' statements about the case and the initial statements about not initially charging the security guard here. do you feel that the language that she used boxed he in in one way or another, and would you have talked about the case at least publicly ffereny than the way that she did? >> i think that her language wa

decisive. whether she meant to box herself in and say look, my view of the cases that this cas cannot be charged, that is what she said and ultimately that is what she did. so i found the case -- i found the evidence that i sought to be difficult t judge. i would -- this case makes me struggle. if i asked myself, what i have charged thi case? that is a very, very hard question given what i have seen and what i have heard. i don't know if d.a. jenkins struggled with it for the 72 hours she had. i don't know how and when she came to her final decision. i would say that i found the case very difficult, but i do think that her words at the initial press conference were decisive and reversing course after that initial es was unrea >> all right, mr. brass, thank you so much for your time. you

can find links to the report an the clips on our website at kpix.com. we also brought you the news conference live on our streaming service , cbs news bay area. you can watch that anytime, anywhere on the cbs news app. thousands of oakland students will be back in class tomorrow for the first time in more than a week after the school district and the teacher union struck a tentative $70 million contract deal. it includes raises for teachers, hiring more nurses, counselors and librarians, launching a new reparations task force, and coming up with ways to help homeless students. the news is big relief for parents who had to struggle to find childcare. >> big day! it was a chaotic day. it was sort of last minute i don't think anybody really knew what was going to happen today. >> the district also says that although they think it will be tight, they are confident that students will be able to finish

up requirements and the graduation ceremonies will be held as scheduled. some student are skeptical about that. >> it left me a little clueless at first, because i am just like, that is random! why couldn't it just happened durin winter break or something like that? it is like now, you know, that is kind of stingy to me, because it is like , y'all just took away what we needed to get prepared. tonight the district honore more than 1000 students at the 15th annual african-american honor roll ceremony. the group ranged from eighth graders to high school seniors and each wa presented with a metal that represents wisdom, knowledge an prudence. still had tonight, a bay area city has transformed from being the murder capital of the nation. meet the new police chief with a very personal mission to keep the change going. >> we have five homicides in 2022 and they solved every

single one of them. and tonight, the a's have not seen such a small crowd in decades, so they are rolling th dice in vegas. the development tonight on their future in sin city. and mother's day is usually spent bringing flowers to mom o giving her a day off. this mom and son did something a lot mor extreme, and apparently it was her idea! after a warm

welcome back. palo alto is home to tech e aiacks, st palo alceas america's murder capital, but the city has transformed over the past few years. the new police chief wants to keep the momentum going. in 1992, east palo alto recorded 42 murders, the highest murder rate per capita in the nation. in 2017 there was one homicide recorded and there were five last year. the new chief will be officiall sworn in next week. as len

ramirez reports, jeff flew has spent his entire career in east palo alto and considers at home >> this is it, man! >> reporter: east palo alto 's new chief of police walks the streets like a local, because h is one. >> you know that feeling when you pull into town and you are home? that is east palo alto. >> reporter: to chief jeff lou, what makes it matter are the people who make the city feel s much safer. and it doesn't matter to him if they own a hom or business or live in a shelte >> we need somebody who understands for us. >> reporter: he has no shortag of supporters. he can hardly walk a block without people coming up to congratulate him o the street, and restaurants and even stopped in the middle of traffic. >> it is about building

relationships, not just doing events here and there, but just getting out and talking with people on a one-on-one basis. >> reporter: liu grew up in a chinese-american family. he starred on the football team in high school. >> growing up in palo alto, there were people who came from money. we had kids who showed u to high school on their 16th birthday with a brand-new bmw. that's not me. >> reporter: liu began his law enforcement career in 2000. he served on patrol and let the investigations unit through har times, when the per capita murder rate was still one of the highest in the nation. it was during that time when liu suffered the darkest day of his career, january 7th, 2006 . the day his friend and fellow officer richard mae was murdere by a crime suspect after a foot pursuit right here on this street. >> he got up to the top of the driveway and saw that rich had

turned around with a gun and shot him. my heart sank. the tears started flowing. i starte driving, you know, faster than should have to try to get in here as fast as i could. i was hoping there was something i could do to bring him back. >> reporter: from that day on, liu vowed to put his best foot forward and make his mark on th department. he became the commander and now the sixth chief of police. although the violent crime rate is down sinc the mid-2000's, high-profile incidents like the fatal shooting last year our setbacks liu says the difference between now and 20 years ago is the cooperation of the community. >> we had five homicides in 202 and solved every single one of them, including that park shooting that made national news. >> reporter: although he doesn' like labels, he is breaking

barriers by becoming the city's first chinese-american chief. his career choice was at first a disappointment to his parents >> when my dad was alive, of course he wanted me to be a doctor or a lawyer. but he said if you are going to be a police officer, at least become the chief of police. so i was able to make that a reality for him, and hopefully he is looking dow and hopefully he is proud of me >> reporter: it is clear that chief liu was a popular choice for east palo alto. as he face the challenges ahead to prevent and solve crimes and make the streets safer, he hopes to turn that popularity into progress. >> chief liu will officially be sworn in as chief on may 26th

in east palo alto on bay road. the mercury spill and martinez has been a headache fo crews who are still working to clean it up more than a week later. the spill was first pinpointed in the amtrak parkin lot in downtown martinez. it ma have been spilled by a garbage truck. over the weekend, crews found more of it from pine east to marina vista avenue. for now the epa and contra costa health are working on cleaning up joe dimaggio drive leading up to th softball field. the amtrak station is back open and the health department is trying to figure out who may have dumped the mercury in the first place. don't know how that happens, bu it has kind of caused a mess! paul is here! got to be careful. paul is here with the forecast ahead. the weekend was really nice. >> yet was! perfect weather for mother's day weekend. it cooled off today but we will go up and down a little more as we head through the next several days.

let's look at what is in store for us. typical mayweather, including the fog that is spreading out as we speak. we will see more of that each morning as we head through the rest of this week, giving way t sunshine in the afternoons. widespread fog tomorrow morning spilling into the inland valley but then temperatures warm up. we will be five to 10 degrees above average for most of the bay area on tuesday. the onshor breeze returns with cooler temperatures by the end of the week but only returning to what is average for this time of yea with a subtle warm-up in store for next weekend. no big change in store. looking out from salesforce tower, you can see i in the distance. temperatures i the mid-to-upper 50s pretty muc across the board. they are not going to drop a whole lot as we head through the rest of tonight. the fog will continue to spread out. we are talking about widespread reduced visibility and future cast is showing how far into the inland valleys that fog will intrude for at least a little while. as soon as the sun comes up, which is now around 6:00 a.m., it wil go to work getting rid of the fog and it will be out of the

inland valleys by eight or 9:00 backing up towards the coast. even there you can see the sun breaking through as we head towards midday. temperatures tonight not dropping down very low. pretty normal temperatures for everyone to start the day o tuesday. high temperatures will be warmer than today. but he wa very close to average for highs this afternoon. tomorrow, about five to six degrees above normal around the baby closer t 10 degrees further inland. the exception to all of that is along the coast, but even there you have a better chance of getting up into the low 60s today. there were a lot of 50s on the map this afternoon. well into the 80s in the santa clara valley and up to the 84 degree mark in san jose. mid-to-upper 80s inland in the east bay with some of the hottest spots reaching up to 90 degrees. even then it is nowhere close to record territory. close to 70 and san francisco, at least briefly before the onshore breeze kicks in. mid-70s for oakland and the east bay. temperatures in the low 70s further inland until u go sa n you are heading down to oracle park tomorrow evening for game two of the giants series agains

the philadelphia phillies, temperatures a gametime are going to be in the low 60s , coasting down into the low 50s and the fog will likely make an encore appearance as we head through the later innings of that game. long-range outlook for memorial day weekend, above average temperatures from the climate protection center. we will keep you updated on that. it is kind of a weak signal at this point, but it is only two weeks until memorial day. temperatures will be in pretty typical may territory for the next several days. mid-to-upper 60s and san francisco, low to mid 70s for oakland. inland temperatures, a little more variation but not much. upper 70s, low 80s for san jose, mostly low 80s inland and the north bay. some of the warmer spots will be inland and the east bay as usual and the coole spots along the coast. you wil see gray skies and maybe sunnie skies on friday the temperature are hovering around 60 for high every single day. appreciateitpaulcomior weot

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so i think the way the warriors season and it was toug for a lot of people, but now there are questions about, you know, is that the last time we see that particular team or gm function in the way that did? >> gm maybe, but team, when it comes to the big three, didn't sound like it at the press conference. everything else, though, seems like it is up for

grabs. so i guess buckle your seatbelt, because it is going t be a wild ride this off-season. a bunch of decisions need to be made, and the decision maker, bob myers, needs to make a decision he himself as to whether he is staying or not. how will they address draymond green and klay thompson's contracts? and is jonathan kuminga's future and san francisco or elsewhere. what i a move that you are anticipating? >> i don't know which names might come up, but look at toronto's roster. the kind of had a bad season. can the warriors get in on that? i'm no saying they can't get it done, but when things start moving around and they can put jordan poole in the mix and maybe jonathan kuminga, i am not predicting anything. but those rosters seem to match for a

trade. toronto has a lot of guy the warriors could use. the warriors might have a guy or tw that toronto can use. i would takea look atth baseball, to oracle park. bryce harper and the phillies i town. can forno is now hitting stride. how about opposite fiel jacket? it is his fourth longboard in the past six games alex wood return from injury last week and received his firs start in nearly a month today. wood was good! nick castellanos sit down! two earned runs. for those of you just starting to get in tune with the baseball season, meet this man! casey schmidt, a rookie. two more hit today. how about them? five extra-base hits in a week and h appears to be here for the long haul. the giants are back to their winning ways, 6-3 the final tally. as for the a's, they were a the coliseum hosting the diamondbacks. the bullpen was good, but arizona did their damage off the starter. laura scurry l just walked it off

against the giants yesterday. diamondbacks win 5-2 and the a' will get another shot tomorrow. the warriors have assets right now but it appears some o them are at their lowest valu considering that jordan poole did not have a good playoffs an jonathan kuminga barely sniffed the court. the first question that has to be answered, obviously, because it is the ma that makes the decisions, bob myers, will he stay or will he go? still tons of talent, though! >> yes, definitely! thank you s much. the oakland a's have not ha a crowd this small since the 70s. perhaps you notice that in charlie's highlights. so what i

let's talk about the a's. tonight it was an abysmal turnout during the 5-2 loss against the diamondbacks. there were 2064 people at the game. yeah. you heard a groan from charlie off-camera there. that is the lowest attendance in oakland since 1979! the team is still rolling the dice on movin

30,000 seat stadium is now bein planned for the site that is currently the tropicana hotel. less than a month ago they were planning on building on a different location alongside th strip. the new stadium would cost around $1.5 billion. it is a lot of money and the team wants 400 million to come from the state of nevada. the historic claremont hote in the berkeley hills has been sold for the low, low sum of $163 million cash. the 108-year-old hotel looks pretty impressive on the hillside and it is a historic landmark. the mercury news reports that redwood city-based ohana real estate snapped it up. you might have seen it in one legendary movie. that is one of my personal all-time favorite films! the claremont hotel served as the posh health club in the 1993 movie mrs.

doubtfire, where robin williams character hit pierce brosnan in the back of the head with a lin in what he called a drive-by fruiting! how would you celebrate thi mother's - life is uncertain. it's okay to feel stressed, anxious, worried, or frustrated. calhope can help. access calhope's free and secure mental health resources today. call our warm line at 833-317-4673 or live chat at calhope.org.

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a good number of you at hom hopefully, and i do mean it , hopefully plan something for th nice moms in your lives! this guy did a little planning for his mom on mother's day. how nice the activity was depends o who you ask. okay, that was german motocross start luke ackerman with his mom melita on a dirt bike doing a backflip yesterday. he thinks this is th first mother-son backflip stunt ever! apparently it was his mom's idea for her 50th birthday, which is a little surprising, because she apparently cannot even watch he son compete. she says she can only watch when he finishes the race. >> good for her! >> i don't know. >> this is probably not going t be on the list when i turned 50 >> you are a low risk gentlemen

>> that was a good scene >> tiktok just announced this morning that every user under the age of 18 will soon have their accounts default to a daily limit of one hour of screen time. this sounds good, but it looks like it's pretty easy for people to get around it. >> at tiktok, in an attempt to act as if we care, we're enacting protocols to help limit teens' screen time, like a one-hour daily limit. but if that doesn't work, and it won't, we have a backup plan. filling their feed with footage of their parents giving advice. >> i know you're thinking about art school, but there's a real art to installing vinyl siding. >> and it's always good to have a fallback plan. >> nothing will cause your teens to get off their device quicker. >> i know you like doing those little tiktok dances. ya ever try zumba? >> frank, you're holding the phone too close. >> oh, like you know everything