and they areus evytthey kno was edbeing 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 mptely wro 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 differently 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

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 press conference was unrealistic. >> 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 kp om anywhere on app. watcthat

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, becaus took away what we needed to get ar. 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

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welcome back. palo alto is home to tech billionaires and

groundbreaking startups. on the other side of the train tracks, east palo alto was once known a 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. epgan 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 g anges storoking out from e mi-upper 50s board. they are 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 the eay th thenisnowhere 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 you go from santa rosa northward. if 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 60s and saansc low tomid 70s f 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. appreciate it, paul! coming up, fans at oracle park were no happy tonight. phillies and giants. we will show you how it went down between the two squads, and buckle

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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 they did? >> gm maybe, but team, when it comes to the big three, didn't sound like it at the press erythise 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 take a look at that one. 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 did thr da e starter. laurstke

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 value 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 to vegas, and they have a new spot for a potential ballpark. 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 e stofda 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