>> reporter: the students were making a movie about gang violence as part of a project. >> a lesson for everyone. >> it was. >> reporter: when you heard there was a real gun, what did you make of that? >> i was scared. four were super vising and they told the students to bring replica guns as props. >> you can see there was a breach of protocol and lapse of judgment. but what the consequences will be will be determined. >> that's scary as a parent. even like i said, i have two students that are in school. gnats a big concern. >> reporter: police say the student is in juvenile hall on gun charges. the staff members are on administrative leave. john sasaki, ktvu channel 2

news. an adult crime committed on a school trip, the charges five boys are facing. that story coming up. calm and caution tonight inogeland as johannes mehserle has been released from a los angeles jail. patty lee visited down town businesses today. >> reporter: if you look down 13 13th street you can see these businesses aren't taking any chances. they boarded up windows and doors here and down on broadway. there are actually no scheduled demonstrations tonight but all of this is to prepare for spontaneous gathering. >> reporter: the mexican kitchen closed three hours early today. it's doors and windows boarded up in case of trouble. >> i think they were expecting demonstrations today. >> reporter: the manager and owner of this building says the

city of oakland sent out a warning last friday and he gave his tenants to not open at all today or close early. >> i haven't heard of any who left the building today. >> security officers were told to be ready for anything. even during the day. >> i came in early, that's natural procedure. >> reporter: the owner of this store didn't board up his store and won't close early. >> i hope, you know, because we need peace. >> reporter: others say johannes mehserle's release marks the day to move on. >> he has been released and now we have to live with that. >> reporter: a a tagger defaced this sidewalk in the middle of the day but businesses hired their own security guards to keep an eye on sidewalk after it gets dark and fast food joints that stay open are prepared to close early and immediately should it become

necessary. reporting live, patty lee, ktvu channel 2 news. >> the correction's department tells us johannes mehserle was released on unsupervised patrol where he was last living. there are no conditions of his parole and he will not have to report to a patrol age want. his patrol -- patrol agent. his patrol ends one year from today. >> oscar grant's uncle made the trip to los angeles to see him release from jail but he never saw him. johannes mehserle wants to reach out to oscar grant's family. >> no discussion at all. i want him to know i will be a part of his life the rest of his life. >> he was notified of the release by a automated phone

call. johannes mehserle's attorney says his released happen the way it did because of protesters. >> two hundred gathered in response to johannes mehserle's release. they marched to the courthouse where they called on justice to investigate the shooting. a lawsuit filed today on behalf of the people arrested following a protest follow johannes mehserle's rest last november. the suit claims they violated the rights of the people arrested. police ordered the crowd to break up, when they refused they were arrested. an attorney says the crowd wasn't given the opportunity to leave. our coverage of johannes mehserle's release continues on www.ktvu.com. you will find more information about the shooting of oscar grant and what is next for johannes mehserle. the criminal trial of the man accused of killing two people at san francisco fisherman's wharf was put on hold today so

his competency could be evaluated. a judge ordered to see if hong ri wu was fit to stand trial. his attorney said he understands the charges. the company that owns marie callender's filed for bankruptcy today and closed shops at restaurants across the bay area. >> my god! i can't believe it. shocked. >> three time as week here to eat. breakfast every sunday. oh, yeah. shocking. >> 31 restaurant closed across the country, including a number in the bay area. the company blamed the closure on a weak economic climate. right now they have assets of

$290 but liabilities of $440 million. new at 6:00, ktvu's tom vacar spoke to one employee who calls it greed that is behind the job losses. >> reporter: on july 31 this plant will close after 54 years of service, eliminating 150 jobs. >> a a business is a business and they have figured another way to make more money. it's not that we are losing money. the head of the union says it's unjustified. >> north america is the largest profit center in the world. the parent company with facilities in 80 countries, posted $21 billion in sales world wide. with many brands they sell a third of all alcohol in the u.s. the union advocates a boycott. >> people need to look at how

we spend our money. >> reporter: in a statement the company says they have not taken this decision lightly. recognizing this will be difficult for employees. >> i don't think it will effect me as much as it will effect the younger people that are here. you know, because we got young people here with families. just bought homes. new cars and stuff like that. >> reporter: the company said it already made its decision, will consumers get into the spirit of boycotting? tom vacar, ktvu channel 2 news. the deadline for lawmakers to pass a budget is two days away but there was little movement today. should they miss the deadline their pay will be frozen. governor jerry brown called on them to do the right thing.

the budget game of $9 billion is a tax extension the governor has been pushing. >> the cuts have been made. what is missing now are the extensions on a temporary basis of taxes that people have been paying for the last few years. >> it is called a tax bridge by the governor and democrats. the propose calls for a temporary extension. judge said he could rule tomorrow on a motion to set aside a ruling that blocked california's ban on same-sex. backers filed the motion. they say u.s. district judge vaughn walker had a conflict of interest because he is gay and might want to get married. he is now retired. urponents called the lawsuit frivolous. leaders are talking about

adding the holiday to the school calendar. no formal request has been made yet. the superintendent tells us aing a holiday would call for extending the school year. it is known as the festival of lights and the most important holiday of the year for hind dues. >> helping students get in tune with technology. the mayor joined representatives from microsoft to announce their new push to prepare students for the real world. microsoft is donating $500,000 in software and $15,000 in cash. >> i am investing in you. as the mayor i am looking at you right now as being people who can succeed me in this job. i believe you can do it.

>> the initiative includes a chunneller program designed for high school grads. >> steve jobs is getting his own comic book. the comic book is pubbished by blue water productions. it will profile him and how he guided apple. it will be in book stores and available on august 24. the rainy season looks like it's ending and things are drying up, why that could be a fast start to the fire season. no high marks for meeting the budget but there is one thing that puts california lawmakers above the rest. temperatures on the increase, i will show you the cities that will see the largest increase.

five boys charged with sexually assaulting fellow students during a field trip made their first court appearance today. they are being held and no pleas were entered today. back in march the five boys attacked two 12-year-old girls during a trip to a park. the girls reported the incident during the last week of school. >> when i read this case, it is a parent's nightmare. >> officials tell us all of those involved were part of a new comer program, meaning they have been in the u.s. for less than a year. police made an arrest after a women's body was found

dumped. they arrested feliciano valencia-santiago while he was riding a bike. he killed maria orozco. her body was found in a garbage back on june 5. no word on a motive. joe montana is recovering from a weekend accident and will not appear tomorrow before a city counsel. the injuries are not life threatening. he is proposing a hotel project be built. muni drivers are hold agameting to discuss their contract options. last week they reject adthree year deal that would have frozen wages. that proposal would have saved the city $38 million. a arbitrator has been called in and is expected to make a decision by tomorrow. this is the first contract to

be negotiated. muni's most popular line is getting help to ease overcrowding. express bus service was launched this morning. it runs between ocean beach and the financial district. every day 40,000 people use that line and that is 30% of muni's customer. today is the first day of fire season and we already had our first fires and police believe they were diberately set. the first 1:00 p.m. near a homeless camp. the second an hour later a few hundred yards from the first fire. one person is in custody at this hour. ktvu's robert handa spent the day with cal fire today. robert is in morgan hill tonight. >> reporter: remember all the rain we had in the bay area?

this is typical of what we are seeing now. fire season with a big head start. >> reporter: just about everywhere you see the results of the wet winter and spring. dry vegetation is one reason firefighters are bracing for a treacherous fire season. cal fire declared today the official start of the fire season, that means the team is certified and ready and all 12 stations are staffed for summer. cal fire banned all open air burning, the type investigators blame for past disasters. but the state budget crisis will be felt. >> this year's staffing will be reduced. three person staffing instead of four person staffing. >> reporter: as part of fire season they began conducting wildfire training. cal fire says with reduced

resources it will depend on city help. the agencies are also asking homeowners to get rid of fire fuel. >> 100 feet of clearance of vegetation gives the fire department the ability to save their home and their life. >> fire agencies are launching public forums discouraging the use of fire works. reminding people all fire work is illegal. >> they jump from rooftop to rooftop. the safe and sane part of it that, i think, makes us lower our guard a little bit. >> reporter: firefighters point out the use of fire works can carry a fine up with $1,000 as well as jail time. cal fire can also issue a citation who don't clean up their properties but most

people com-ply about 99%. agencies announced a new website for more information on fire season and how to make your home safer, you can get to that by going the web links on www.ktvu.com. firefighters are wondering if today's weather is an indication on what is to come. let's go to chief meteorologist bill martin. >> we are into a fire season this year. there is more brush than we would normally have. the sun warms things tomorrow and that means increase in temperature and more dry brush. the fog is lingering in san francisco. here is a live picture. the storm tracker too. this is prom space. show -- this is from space. there is that fog. so all our friends in daily city, san francisco state, you are libbing in the fog right

now and it will just get thicker tonight. weather systems to the north of us stay to the north but they are not driving well into the gulf of alaska. they are like around here and that's enough to keep temperatures down in our region out of the 90s and in the upper 80s. the idea being, it's going be nice, but no major heat coming our way. just warmer. 59 in napa tomorrow. fog forecast for the morning, plenty of it. livermore, antioch, mostly sunny. something we haven't seen in a few days. tonight, fog back to the coast and further inland. tomorrow warmer. wednesday warmer still and trends down towards the weekend. it's going to be -- not going be hot. tomorrow in the 80s. next day 80s and thursday and friday drops down into the

70ss. forecast then, fog and low clouds tonight along the coast. fog lingering. high pressure does its best to keep us warm, 80s and 90s through the week. cooler along the coast, fog makes its push. 85 napa. 88 concord. warmer than today by a lot. 10 degrees. 5 day forecast, it is interesting, rain, rain, flood, worried about snow and now fire danger. >> one after another. >> thank you. a company is helping the air force academy go green. sun power helped install this solar power system. it covers 30 acres and cost more than $18 million. stimulus money paid for the project. the panels track the sun's movement allowing them to

capture more sun light. so when it comes to lawmakers it appears those in california are had the most educated. 90% have at least a bachelor's degree. lawmakers from virginia, nebraska, new york and florida. the study compared education levels of all 50 states. the least educated state, it is arkansas where only 25% of its members did not attend college. cal baseball team hits it big, the network of support the team tapped into. first stocks nudged higher. deals like wendy's announced it was selling off holdings in arby's. the dow jones industrial average gained 1.06 points to close at 11,952.97. the nasdaq composite lost 4.04

to 2,639.69.

the america's cup champions tested the waters today of the

san francisco bay. take a look. one of them capsized during a run this afternoon. they sailed today. the team is conducting the practice runs all week long from 1:30 to 3:30 in the afternoon. there are new concerns san franciscans might have to pay a small part of it. mark is here with sports. the a's are going through a horrible streak. they had a chance to blow off steam today. >> both the giants and the a's have the day off. the a's back off the road and like frank said, having fun in the sun and doing their annual golf tournament for the community fund. rough times for the entire team. and they were having fun out there today. they also seem hap aabout the manager change and as we saw

yesterday in chicago the new manager is not afraid to come out and voice his support for the team. you know what? the players after bob geren are happy to see it. >> motivational thing for me when your coach is supporting you like that and constantly behind you. he was showing us, even when our heads were down, keep your heads up. with you see that it motivates you. >> you couldn't write it up in a script, the cal baseball program back. just the entire program about to be cut, now they arrived back on bus today and soon headed to omaha and the college baseball world series after a thrilling victory yesterday and you know what? first time in 19 years they are going the world series. when it looked like they wouldn't even have a program at cal. >> back. ton of people backing us and,

you know, there is a strong community that rebuilt itself this year. you know, feels a great. >> when i was 12 years old i went to omaha and watched fullerton win it. ever since then i wanted to win the thing. so, you know. >> there you go. step one get there, number 2, win it. that would add on to an incredible story and we want to mention too that cal story continues on www.ktvu.com. slide show of their latest victory plus more of the interviews with the coach.

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