gun. none -- so they found that maes believe that the approaching arm figured posted a threat for himself and that's why he fired the shot and killed smith. >> immediately following the tragic incident, i took action of reviewing the policies and procedures to ensure something like this never happens again. coming up at 6:00. i will tell you what happens imy after the shot was fired. live, ktvu. our coverage continues on www.ktvu.com and there you can read the report for yourself and look under topics right there on the home page. a second security guard is under the microscope tonight after a disabled high school student at oakland was slapped and thrown from his wheelchair. it is a story that we first broke last night. ktvu is at oakland high this

evening with the new development, christine. >> reporter: the victim says the security guard stood by and did nothing when he got beaten. he entered schooled early because kids were being cruel and sided with security guards. >> this video is what students were talking about. the guard was fired. >> ktvu first spoke with the student yesterday. >> he slapped you so hard and he threw me out of my chair and i hit the floor with my chin first >> the second security guard, a woman is urn investigation. >> it appeared that she was trying to stop the beating but they're takinging closer look. >> there is some actions that's concerning and we are continuing to investigate what practice was applied there.

>> the district is looking into francisco's claim say that he was beaten moments before this which prompted him to spit on the security guard. >> he got the ultimate respect right back. >> the a handful of classmates signing up petition in support of the security guard. others say that his actions were not justified. >> i can see if it was self defense but it was not. >> a civil rights advocate group says regardless of what people say, what happened to francisco is wrong. >> we are taking action and we'll continue to do that as more information comes to light. >> the district says they're leaving no stone unturned. they're doing a comprehensive review here at the high school to see if there is any issues between the staff and the students. live in oakland, ktvu channel 2 news.

the district sent a letter about the incident to parents explaining what happened and apologizing we posted that letter on www.ktvu.com, just look under hot topics on our home page. the bay area man survived last week's deadly rampage is back at home tonight. we told you about nick , the 22-year-old from alamo was hit. he spoke with us from his home last night. >> he spoke with anderson cooper. >> i don't want people to be distracted by the whole side that they forget like that people are still alive and people survived this thing. >> you can see some of his injuries there. he said he's still in pain but is happy to be alive. we are hearing from the mother of one of the bay area's

students that's killed inside this tragedy. >> it will never be forgotten and our lives will be changed forever. >> mourners leaving the san jose school to help comfort chen's parents. chen was 19-year-old. he was one of the first victim of the massacre during the in santa barbara. they're now planning his funera. a bay area congressman introduced -- coming up at 5:40 of the changes he's pushing for that deals with guns and the mentally ill. a construction project is on hold tonight after two workers fell to death from 100 feet high. it happens at 7 a.m.. kevin is live at the constructie

with the investigation of what went wrong. >> reporter: osha ordered the crews here not to use the this site so they can go through and make sure it is safe to use again. investigators are trying to figure out why the basket the two men were on broke. it was put on a hook which inspectors believed may have failed. >> workers lower the basket down to retreat the bodies of the two workers killed. relatives and co-workers consul each other from a safe distance. >> he's a good guy, it is guy guys. >> the workers just started work for the day when the basket fell.

the basket was pulled from the construction site. >> thigh have crane experts here and trying to determine what caused the fall. >> the head of the company knows it is dangerous work. >> we have to discuss the hazards of the job. we got a record -- it is horrible. >> residence at this time who's waiting for the br' completion. >> it is a really nice bridge but -- i hate to see somebody hurt. >> now, the head of disney construction which is not related to the walt disney company insisted that the cable near that hook was not related to the accident. the names of the two victims have not been released yet. we have been told that they're

residence of the bay area. reporting live, from winters, channel 2 action news. in oakland today on the last day of class, they're upset of a moral the i cause. ktvu alex tells us there is indication that the morality clause maybe changing. >> the band played this morning with dozens of students and parents lining at the school in oakland. teachers put in a tough spot of the constant morality clause in order to keep their job. educators have the right to keep their private lives private. >> it is a non issue. it is pointed to educator students and go into the person -- >> the oakland dynasty inserted new language into the contracts requiring teachers to adhere to

catholic church teachings in their private lives as well as their professional lives. several teachers refused to sign that contract and won't be back until next school year. >> a lot of the teachers who are leaving are some of the best teachers at this school. they have done so much for us and we are going to do what we can for them. >> we want to keep the bureaucracy of the church away from the good solid teaching principles that's going in school. >> at the meeting this week with teachers and students, bishop michael barbara says he's reconsidering of the language in that clause. >> i think it gives teachers and staff a little bit of hope and know one really sure what it means. it is a little bit vague at this point but people are hopeful. >> he told me he reluctantly signed the new contract because he

cannot afford to lose his job. he knows demonstrations like this can make a difference. >> part of the problems is that teachers don't feel they have a lot of power in this. >> ktvu channel 2 news. state lawmakers are urging a regional accreditation -- the school has a deadline of july 31st to meet all requirements set by the accreditation board. state senator leno says ccs has met 95% of the goals but the school still need more time. the commission has yet to respond to the request if city college lose its accreditation, it would be forced to close. advocates are celebrating of what they call a major victory of an article group of democrats and republicans passed the measure earlier today stop the

federal raise on marijuana club. the amount would block the da from using federal money to go after the legal marijuana providers. >> some people are suffering and if the doctors feel he needs to prescribe something to alleviate that suffering, it is moral for this government to give it away. backer says nearly half of the united states have legalized the use of marijuana and that the federal government should not interfere. the measure is now head to the senate. some say that's like buying votes. anne ruben is in san jose tonight with the controversial move. >> reporter: a dozens of the members are expected to participate. some branches of the some con

valley will be offering discountdowns. collision members say they were concerned of the low voter turn out and at a time when issues related to the regulation of marijuana or at the forefront of san jose. there is concerns whether these kinds of incentives are a violation of federal election code. starbucks had to promotion giving free starbucks. the santa clara county says it is something they'll look into. >> we want to look at it. we have referred it to the district attorney's office. >> and that's exactly what we are doing. >> at the all american cannabis club, they're not worried. live in san jose, anne ruben, ktvu channel 2 news.

he tweeted about having a reckless driving and killed add cyclist while speeding. >> the emotional plea in court today. >> a cooler pattern set in the bay area, i will pinpoint the locations that could wake up to drizzles. >> next va's delays with allegations that some vets died. why veterans affairs secretary eric shinseki may not be the last person to loosee his job.

happening now, thousands of music and wine lovers in napa for day one of this weekend's bottle rock festival. here is a look at the crowd from news

chopper 2. last year's e atracked a lot of people. they installed a new sound system. it runs through sunday and it is scheduled to shut down at 10:00 every night. some of headlines this year, bare naked ladies and smash mouth and the cure. ktvu jackie has been following the incident of the eric shinseki of veterans affairs. >> we were there as he repeats three standing ovations. he told the group he was misled on the severity of the problems within the va. >> i extend the apology with the people who i cared most deeply about, the veterans of the country.

>> problems at the va's hospitals including to problems of vets that was never added to the treatment list. management was systematic. >> an hour later, the president says it is time for new leadership. >> we don't have time for distractions, we need to fix the problem. he announced that eric shinseki has resigned at the meeting. the resignation is just the beginning of eric shinseki. >> things need to move in a direction that veterans will expected to move and that's to serve them. >> nancy pelosi calls eric shinseki a hero and a leader. his resignation will not solve the va's problems and house speaker boehner is calling the president to take further action.

in washington, ktvu channel 2 news. more details on eric shinseki, the 71-year-old is a vietnam veteran who lost part of his right foot in a mine. two mines rather. he's a retired four star general and served his staff starting 1999. he has strong support from veterans group when he was nominated back in 2009. >> we spoke with some veterans outside the va medical center in san francisco. one man expressed relief saying he had to wait for months to be seen for his injury. >> the last 90 days, if something comes up, i have to go to the er. i really have faith in president obama to put the

qualified person in that position and absolutely it was not who was there. >> another member we spoke with that said eric shinseki proved himself an accomplished general but it did not qualify him for the top job at the va. let's talk about our weather right now. what are they looking at tonight in napa. >> temperatures are on the cool side this evening. still relatively nice but a bit of a breeze out there and weather throughout the weekend is looking good as well up in napa. our live storm tracker, too, though the marine layer is coming back big time. there is the fog closer to san francisco and it is basically covering richmond district and and a lot of over cast. as far as the current numbers, here we go with the livermore of one of the cool spots for this

time of the day. livermore 68 degrees. san jose checking in at 66 and san francisco with the fog only 56 and santa rosa in the upper 60s. napa at the airport in the mid-60s. winds have been picking up once again. winds gusting at 24 miles per hr out towards fairfield. winds in the west and oakland at 18. san jose, a bit of a breeze there t. looking at san francisco wind gusts sustaining at 17. currently we showed you the temperatures in the 50s in the san francisco area. here is our live camera in the city and the forecast tomorrow waking up to a lot of cloud covers. mostly cloudy skies and 7:0052 degrees on track reaching to lows to mid-60s. san jose showing you a lot of sunshine right now and currently 66. forecast tomorrow starting out with some clouds

with skies becoming partly to mostly sunny. starting up tp day in the 60s and mid-70s by 4:00 tomorrow afternoon. so we have been tracking the marine area, what will happen over the next few hours that marine layer will deep in and that'll transport a lot of cloud covers in the inland spots in the over night hours and drizzles are still a factor. late tonight and into early tomorrow morning. partly to mostly cloudy skies to start out your saturday morning. here is the forecast model showing you all the cloud covers starting out your saturday morning. once again some drizzles and in the afternoon hours, you can pic 60s or 72 right around 8:00. lunchtime is some coastal fog. a little warmer than today, we e going to warm things up in the

weekend. warmest locations inland approaching to lows to mid-80s. coming up at 5:45 we'll take a closer look at the weather for tomorrow, weather should be just great. >> see you then. thanks. the sales of los angeles clippers is already getting messy and this eye catching art installation is going away. ktvu takes you inside before the bulldozer arrives. >> a man walks to a school bus and allegedly grabbed the 5th grader. >> the bizarre confrontation of the attack. the reasons hundreds of studento retake those exams. more coming up new at 6:00.

more twists and turns today of the story of donald sterling and the sales of the los angeles' clippers. tmz says he was recently diagnosed with alzheimer's disease. espn also said that sterling is suing nba for $1 billion. the league must now approve that sale. >> new at 5:00. san francisco building that grabs your eyes as you pass by is about to come

down. it is located in 6th street and howard. it artist brian gaga shows us there is a good reason why the building is called that. >> i talked to a number of different landlords in the city and finally was able to get in touch with this landowner they gave me permission to install the work on the side of the building. i have this image of the furniture fleeing the space perhaps like ants attempting to escape. the landlord developed an affection for the piece and decided that i can keep it up as long as he owns the building. for me, i love the piece and develops a strong affection for it but i appreciate that low

income housing is coming into the neighborhood and seeing that as a benefit. where am i going to find such a beautiful view to read. i hope people have the chance to enjoy it while it is up. >> an emotional plea for a strong penalty. >> this crash should never happened because of someone's careless behavior. >> the punishment hand down today toed down to a young man who hit and killed a woman and then bragged about it online. ktvu will break down how far the money will go and the criticism that efforts are already facing. the protests of christian groups tribute to a well known

bay area figure.

a pleasanton teenager sentenced to nine years in federal

prison for what he did on the road and what he said on twitter. >> he struck a plea deal to reduce his charges for murder of felony vehicular murder of the case that started one year ago. >> cody hall was going more than 80 miles per hour in a 40 miles per hour zone. hall hit and killed the bicyclist and injured the husband. the alameda county's da office up charged him. hall pleaded no contest to a ler charge and today an alameda county court, he was sentenced to nine years of federal in prison. the daughter of the woman he

killed. that june day was the worst day of her live. ktvu channel 2 news is not allod to show her face in court but we have this pi that is shown outside the courthouse. >> she's gone forever. >> hall spoke. >> [ indiscernible audio ] >> i want you to know that i am so sorry. >> he has thought about his victim's family every moment in that day and says sometimes the weight is so heavy, he could not breathe. >> he says in court today he hopes to make the most of his time away and share with others of the dangers that come with reckless driving. a san francisco san francisco man accused of a deadly shooting. prosecutors decided not to file charges against

27-year-old rodney williams. he was arrested for the killing of 23-year-old at a public housing complex on turner. prosecutors are not releasing many details. they're saying the case against williams has been dropped and pending further investigation. police took three men in custody today after a woman was kidnapped. ktvu crews were on the scene all morning. a sergeant tells us the woman in her 50s was in her car last night when she was forced out by a man with a gun. officers located the victim at a home where they said she had been held at gunpoint for hours. police surrounded the house and got the woman to come out and they detained three people for questioning. we are told that the victim is doing well. the health and human

services department say they'll now pay for surgeries. ktvu david's team is live in san francisco and how many people this affects and rather it is coming at an unusual time. >> reporter: they're fighting for recognition and treatments. she says he was lucky because se had the money to pay for surgeries. >> upper level and lower model remodelling, you can ease sli spend $100 k. the community comprises of 5% of the population and the ruling can help hundreds of thousands of people. >> the medicare ruling comes at a time when trans gender issues are widely discussed on television and national magazines.

>> we find that trans people are -- and discrimination raises 70%. >> our condition is every bit as real as being diabetic and having leukemia and you name it. >> it is a much better cause to society than having their gender confirmed. today's ruling does not guarantee that all treatments are paid by medicare. reporting live in san francisco, david stevenson, ktvu channel 2 news. a backlash tonight against the harvey mill posted stamp. it considers a source of pride of the bay area. he was the first openly gay people to be elected

in office. the group wants people to boy scott the camp by not buying it or accepting mail that uses the stamp. university mound ladies's home -- their providers and family members all rallied outside city hall. they're demanding that the city to take action to stop the plan in july. the finances are forcing the shut down of the facility which is home to more than 50 people. >> we are here for. on this tragedy. we are human beings. >> supervisor david compose was on hand for today's rally and

promised to work with the mayor to try to find ways to keep the facility open. $120 million sure sounds a lot just how many israel. >> some east bay residents could be asked to pay more at the registers and the tax increase. nearly one week of the deadly rampage. my d as a short order c right here. my parents were immigrants. and they taught me that with hard work, anything is possible. i earned a scholarship to mit. and worked across party lines to get things done. i'm alex padilla. i'll protect voting rights for everyone. and make it easier to start a business.

so we create jobs and opportunity for all californians. what should we order? (announcer) alex padilla. secretary of state.

a clear time line of the event of the deadly rampage. officials say they first made the welfare check on the gunman eliot roger. they asked him about disturbing videos and he posted online and he told them it is a way of expressing themselves. deputies admit they did not read his manifesto detailing plans to kill until one hour after the rampage. the call for change comes as we

learn the gunman roger had known mental health problems and he purchased the gun to use in the killings legally. the bill is introduced today by mike thompson preventing people from owning a gun if they have been involuntarily hospitalized due to mental illness. >> ask a gun guy, i am ashamed that we cannot step up to pass sensible gun laws to protect our children and grandchildren to make sure community safe. >> the legislation will provide money for resources to help authorities of mental illness people. congress barbara expresses her reports on the deal. >> it is a kind of change that my grieving community needs right now >> the bill would provide nearly $20 million to help states put

information in the national background check systems. previous attempts to pass gun legislations have failed. you will see the full store ktvu.com, look on hot topics. it is designed to land almost anywhere with the accuracy of helicopters. the new technology is cheaper because it allows the spacecraft to be reloaded and use. today is the 50th birthday of the park's 9600 elephant lives.

officials say they plan to keep the party going all weekend with more treats tomorrow and sunday. >> don't you love a cake like that. $120 million seems to be a gold bay area for school. free or for a fee, the evidence that some say of finding good homes for homeless pets. coming up where you can expect a lot

today google set up this online forum where people can ask for links of embarrassing personal information to be removed from search engines. it only applies for people who only lives in eu country. google will remove the data unless it finds that public's rights to know out -- this weekend shelters across nine states and many in the bay area will be offering free pet adoption. the strategy is giving away animals is facing some criticism. ktvu eric rasmussen is here with the effort.

>> the criticism is serious enough that rescue groups studied it and they say the numbers tell a different story. >> oh, that puppy likes you, huh? >> brittany hopes that luck is about to turn around for a 3 month old foster pup. he could have a permanent home by the end of the weekend. >> fingers crossed. she's a great puppy. >> she's counting on the pet adoption day going on all over the bay area. bedford understands concerns of giving away dogs and cats for free. >> it is a question our director bicker has faced before. >> research says, no. the study by the university of florida checks with pet owners, six to 12 months after the free

adoption event in the bay area in 2011. 95% still has their pets and 95% of those pets living in doors and 87% have visited a veterinarian. the numbers were no different than those who paid for their pets. >> that's the important of information that the community needs to know that just because the animals -- does not mean the screening process is not the same. >> rescue group offering free adoptions meaning that more of these animals have a chance to get out of shelters alive. >> and it is budgeted at $10 million to do it. to find a shelter or rescue that's participating, go to www.ktvu.com and click on web links, eric rasmussen, ktvu channel 2 news.

police say the scammers are preying under people who's trying to get a new driver's license under the dmv law. people who are contacted by one of these imposters are asked to call the police. the dmv are not issuing licenses to undocumented citizen people until january. it reportedly included comments about the school's football team and specific ethnicities, investigators worked with the school and arrested the 17-year-old on charges of vandalism and conspiracy. our chief meteorologist bill has the night off tonight and mark is here with us.

>> it should not be too bad. he's right on with high temperatures today. it cools off quite a bit. warmest locations inlands in tho lows 80s livermore tops out 74 and morgan hill at 78 degrees. on the satellite right now there is the fog bank from the san mateo county up towards the golden gate bridge. a close look at the fog bank hugging the coast from ocean beach here and out towards the bay area. all this will increase in coverage over the next three to six hours out there. current temperatures santa rosa 66 degrees. san francisco 55 and san jose rg mostly clear skies and 66. here is the fraz for tomorrow ad forecast throughout the day. tomorrow with some cloud covers2 :00 we'll be back to 70s.

tonight coastal fog will be on the increase and some gusty winds out there. here is a look at the san francisco bay downtown camera of the patchy fog is already increasing. the weekend, some morning clouds and warmer on sunday. tomorrow of day two of the bottle rock. it looks great out there with se clouds in the morning. temperatures reaching the uppere upper 70s with partly sunny skies and a bit of a breeze. no major changes showing up just yet. there is the overall weather pattern, we are tracking this cooler weather up to the north. some clouds for you saturday and a lot of clouds on saturday and for the coast and bay and inland neighborhoods. and sunday hig tries to rebuilds.

these are manor changes of the forecast. and then into the afternoon houe temperatures ranging from 60s on the coast side. warmest locations we are thinking lows to mid-80s. santa rosa 76 and vacaville at 82 degrees. oakland is 59. san jose mid-70s and san francisco 70s. here is a look ahead of your five-day forecast with your weekend always in view. sunday we warm things up just a little bit and cooling things off with a few degrees. overall it is shaping up to be a nice weekend and no major heat in the forecast which i think it is a good news out there especially with fire dangers. >> and we are comfortable. why you have to pay more at the cash registers at one bay area county.

and the difference that'll make and of the donation. back in the news room with more on what we are working on at 6:00. >> a parent arrested after a school bus and grabbing a student. >> parents are not allowed to be on the bus. >> what the bus driver did not do after the incident that landed him in trouble, too. >> plus, five feet is the distance is of retaking the college exam and of the way they sat at the desk. >> the attack of a 9-year-old girl on a school's restroom. police say a hammer is used and the suspect is a parent who volunteered at the school. it is all coming up at 6:00.

the death of the mentally illed man man has been ruled justifiable. the report says efforts by a crisis intervention team to talk him out failed. after a six hour standoff an s.w.a.t. team enters. chen stabbed one of the officers on the arm and that's when police fatally shot him. his family says chen is schizophrenia.

it will be used as a pocket track to store train cars and that why they can go to the stadium. the green wood and other stations will be closed until june 9th. busses will help passengers get around the area. ktvu tom vacar takes a look at what that money will to students. >> as much money as it is, it will only add about a penny to each dollar spent to education and those towns. school budgets are tight now, anything that'll help to teach teachers and

teaching kids that don't have the technology at home will be in valuable. >> given the enormous cost of education, $120 million spread over five years over three school districts is really not a lot of money. but, what it can buy is very, very important. >> what thing it does do is experiment. that's the key. once they see success and as you see in otherer charter schools. >> then you can start scaling it in other communities. >> giving them a chance to be in the zinc with technology. they'll learn more and do more. >> i think it is a good idea for the communities and the youngsters because they have places to go but they need a little more structure in their lives. >> as long as we see some thing

in the community and it builds up, that's great. >> another billionaire decided to spend 16 times on the zuckerberg cliff on the clippers. tom vacar ktvu channel 2 news. gifts come as some people continues to question zucker burg's donation. he works with governor kris christie to make that donation. sierpzs will decide the board is set to decide on tuesday if it wants to initialize the steps to put a county wise sales transaction measure on the ballot. a sales tax height could bring

in as much as $38 million a year. the idea is still in the early stages and they still need to have the public weighing in on the matter. now at 6:00, an unthinkable crime of a 9-year-old attacked by a hammer and the suspect is not a stranger. >> no criminal charges of a case of the bart officer accidentally shot and killed an officer. >> four inches of the short distance means that 400 bay area students will have to retake the important test for college. we are learning about an attack on a little girl with a hammer at a school in oakland. i am frank somerville. >> i am julie haner. >> the 9-year-old girl was attacked by a parent who came to campus and targeted a child. the kid was lured boo the

bathroom and attacked with the hammer. ktvu jana talks with us now, she joins us live now in oakland with more on what happened. >> reporter: when the district talked t they said this is a shock to the students and the staff. the girl was outside playing in the area when a parent lured her inside to a bathroom. that's where they say the attack happened about 10:40 this morning. the parent assaulted the girl with a hammer. officials say the staff knew thd attacker, she's identified as diome and she's a parent well known at the camps and they say she's a frequent volunteer at the school. >> two staff members did koim ce come to the bathroom and confronted the