moments before another video that we broadcast last week. you can see the security guard hitting martinez in the head. that guard, marshal mitchel had put martinez in handcuffs before the punch and dumping him on the floor. mitchel was fired and he's charged with corporal injury to a child. i'm not sure if it's possible to go back to the new video, but we heard from martinez when the first video came out that there was more to the story. before he was put in handcuffs there were problems with the secured guards. we see him with two guards before he's pushed out of the chair and appears to be kicked in the head before being dragged into the vatter -- elevator. martinez said he was protesting, he said he spit at

a guard, this new video adds additional context into what happened at the oakland high school. this is something the oakland unified school district is looking into. we know one secured guard was fired. this video may have impact on what happens to the other security guard. we're going to reach out to district for reaction. we'll bring you updates as we get them. to you in information about the capture of a well connected san francisco political continue sultan. -- consultant. we know more about the materials found in his apartment. court documents detailing those materials. >> ryan chamberlin is accused of illegal destruction device. his friends say no matter what he's accused have they will

give him support. >> authorities cruise describe ryan chamberlin. >> he was a dangerous and desperate person. >> he was not a guy that wanted to hurt other people, ever. >> in stark contrast. it's hard to make sense if you don't know him and if you do know him. he was lost. a criminal complaint gives us details about what the fbi found in chamberlin's apartment. a messenger bag that contained a grass jar with batteries, a model rocket motor, a match, a assortment of ball bearings and screws and a remote control receiver. they were the components of an illegal destructive device. >> what's in there is disturbing, but from what i know of ryan and the years i've

known him, the is not like him. johnny wang has known chamberlin for 10 years, chamberlin had been on the run for two days and spotted at chrissy field last night. despite the details friends are sticking by chamberlin. they have contributed to his legal friend. he wants his friend to have his day in court. >> if he's responsible for this he may deserve, he may deserve to serve time, but it needs to be fair. >> late this afternoon we learned the fbi searched another resident listed in chamberlin's name, however it's not clear if anything of significance was found. the fbi's investigation 92 chamberlin continues. we posted the criminal complaint on ktvu.com if you would like to read the article.

another messy commute in san francisco, mta and city leaders are trying to force muni drivers back to work after drivers called in sicken mass. they are only running half the fleet. but the cable cars are shut down. and this sick out drags on -- and as the sick out drags on people from the every day commuter to the mayor says enough is enough. >> so it is more than inappropriate, it is causing a tremendous amount of anger by the public for them to take out their differences of opinion on the public. >> i want this to have what they want, but at the same time paying 64, $65 a month for a bus that doesn't show up is

tough. the mta board just finished meeting, they were trying to figure out what to do to get the drivers back to work. that's the focus, getting them to work, drivers have already started calling in sick for tomorrow. we don't know how many have done that and the hope is more drivers will decide to go to work and the city can get moving a again. one thing was clear, the board of directors there's a lot of frustration, one of the directors asking if they can be punished the driver who's call in sick can be punished. looking at the meeting video of the board of director -- there were two parts of the meeting, one was to clarify the sick out needs to stop. i talked to the union and a spokesperson said the union did not sanction this and sent an e- mail to members telling them

that. >> any work stoppage is prohibited. you have to have a doctors note if you were sick to receive pay. >> now the other part of the meeting was an economics 101 meeting. this fight over this agreement is pension contribution. to now the city paid the employee contribution but it doesn't want to any more. in exchange for the employee taking on a contribution they would get a 5% raise. the union says that doesn't add up. today they tried to explain the mat and we'll have more coming up at 6:00. live in san francisco. ktvu. the coast guard confirmed a body found is that of a sailor who's wet sank yesterday. the coroner identified him

through fingerprints. he left alameda sunday the boat was found sub americaed after a distress signal. authorities are investigating the circumstances of his death. an oakland woman accused of attacking a 9-year-old girl with a hammer is facing sexual assault charges. she was charged today according to a statement she forced her into a stall in a boy's bat room. pulled down her pants and hit her with a hammer. when police put her in handcuffs a hammer fell out of her clothing with fresh blood on it. she will appear in court on friday. new at 5:00 a pack of teenagers behind violent crime that's led to 1 person getting hurt and a small child almost kidnapped. john is in san leandro with who

and what the teens are going after. >> this is one of three spots where young people have been causing serious trouble and terrorizing others. on saturday night 100 teenagers chased and attacked two young people. they took one cell phone and ribbed -- ripped nike shoes off his feet. two middle school students were confronted by three older teens. one was holding a bag of nike shoes that he refused to give up. he was knocked uncontract -- conscious. in esterbrook a teenager nearly kidnapped a small child during a confrontation. one of the kids got in the driver's seat. put the car in gear and started to move the car out of the loss lot. with the 2-year-old in the back

seat. the adults yelled out don't do that, there's a baby inside and the kid stopped the car. the child and the two women were unhurt and two juveniles were arrested in that incident. the victim that was pistol- whipped required stitches. the police don't know if these three incidents are related. the san jose city council are trying to regulate medical marijuana distenseries but a vote came up short. frustration on all sides of the issue is growing. >> council members spent three hours working on the regulations, when it came time for the vote they were deadlocked. >> in the shopping center right near the dentist office, there's not one but two cannibus clubs. my client when they come in they say this is strong.

>> neighboring businesses complain about the smell, the traffic and the people loitering outside. >> i think it's fair to have it away from sensitive areas, such as this, to a place they can handle that traffic. it's not here, it's not in commercial neighborhood zones. >> so for the third time in a month the san jose industry council -- city council tried to regulate operations. right now there's no rules. >> right now all the dispensaries in san jose are illegal. we're proposing to have them in certain zones. prohibiting sales to minors and away from schools, day care industries and libraries, guidelines about zoning, limited dispresenceries to industrial areas. >> they make it impossibility to operate. >> because they are in a commercial zone, both clubs

would be forced to move. a victory for neighboring businesses but a hardship for customers. >> having to come over here on the chair is easier than hop on a light rail or bus and drive a few extra miles. >> rose herrera who was in the hospital made it back for the vote, but pete was absent, he will be back for next week's meeting and can break the deadlock. they will try to vote again. a fath area rested -- father arrested after attacking a young boy on the school bus. >> who'll put their foot down and say enough is enough. >> i'll take you through a timing of a gradual warming at your house. 12-year-old girls accused

of stabbing a classmate 19 times. the motive that has police warning parents about their children's online activities. at ikea, we don't just design furniture. we design good mornings. little experiments. big ideas. brighter ways. and better tomorrows you can take home today. imagine if everyday was just a little bit better for everyone.

heat shields are compromised. weare those thrusters burning? that's a negative. what's that alarm? fuel cell two is down. i'm going to have to guide her in manually. this is very exciting. but i'm at my stop. come again? i'm watching this on the train. it's so hard to leave. good luck with everything. with the u-verse tv app, the u-verse revolves around you the u-verse revolves around you

. >> a guy is stowing away in the landing gear. the faa released the tower audio of pilots and air traffic controllers learning about a san jose teen dropping to tarmac of the airport from the wheel well of an airplane. a guy is claiming to have stowed away from the landing gear. it was april 20th. the voice is to replacement pilot of the yet the teen stowed away on. >> so we have security in

there. the guy was up there for more than five minutes on the ground. >> the teen sure fiveed the 5 1/2 hour at 35,000 feet despite low oxygen be freezing temperature. he spent two weeks in the hospital. president obama is defending his decision to trade five taliban detainees for bowe bergdahl. critics say bergdahl is a suspected deserter. we get an american soldier back. period, we don't condition that. >> sergeant bergdahl was captured five years ago, he was delivered to a u.s. base on saturday. the white house made the swap out of concern for his health. the five taliban detainees will

be monitored for one year. senator mccain said their release is a risk to members of the u.s. military. >> these individuals will be able to move around qatar, after one year according to the qatar spokesman will be able to two back to afghanistan. >> lawmakers are upset they didn't get the required 30 day notice. dianne feinstein who chairs the senate intelligent committee has received an apology, both the house and senate will hold hearings. a scary lesson in unrestricted internet use. two girls in wisconsin ambushed a 12-year-old and stabbed her 19 times. they did it to please an online myth cal creature. >> you don't know what gets in

their heads. 212-year-old girls accused of attacking a class made are being charged as adults for a premed indicated murder plot. we got a robo call from the police, saying that we should look out for two girls. >> the girls ambushed another 12-year-old girl and stabbed her 19 times. the victim managed to crawl to a road where she was rescued. the girls were apprehended. the police recovered the knife used in the attack. >> it is unnerving, it's a quiet, nice, safe neighborhood. it's shocking it would happen in our neighborhood. >> what came next was more shocking, according to police the girls did it to please slender man, a mythical online demon-type creature in they had a fascination with a fictitious character that posted to a web

site that's a collection of small stories about death and horror. it is believed the suspects planned to kill the victim for months. >> neighbors are trying to make sense of the motive behind the attack and police say this case shows the need for parents to be more involved in the children's onlined lives. >> unmonitored access on the internet by children is a growing and alarming problem. this should be a wake-up call for patients. >> each girl is held on $500,000 bail. the attorney for one says the client has no previous criminal record and probably suffers from mental health record. surgery for a woman who's getting a kidney from an ex- fiancee, she's been on dialysis since january. she was to waiting list for a kidney but her ex-financee was

a match. they have a daughter together but called off their engagement because she wanted to settle down, he wanted to pursue his music career. he was going on tour this summer but he's putting that tour on hold to donate his kidney. let's turn to our bay area weather. we're looking forward to warm up. >> a few degrees warmer today. it cooled off yet. temperature came up, and they will continue to warm. as you look at the live shot, you see the fog way up over san bruno mountain. over the last 12 hours the fog, that got up 3,000 feet, went up into the delta. what's happening now, the fog is pinching down. the high pressure is building in, that will compress the fog, it will be thinner layer tomorrow and that leads us to a warming trend. we come in close, you can see the fog, there's san francisco,

you see fog in monterey bay, the bay area, there's the fog, it's getting pushed back, not as aggressive as last night. we'll see fog in the inland bay valleys tomorrow morning. right now the marina, chinatown, you are out of the fog, the fog will workup into the piers, by pier 41 and the bay bridge in the next two hours, it won't have the push it's had over the last 24 hours. 81 in fairfield, 82 in livermore, temperature warmer than yesterday, temperature tomorrow warmer than these by a few degrees. high pressure is coming back. strong winds, 18 miles an hour at oakland airport. sfo this time of night gets blowing pretty good. temperature still snot going to

be a heat wave but will warm as the sea breeze is cut off. the winds will be less aggressive in the inland bay valley. overnight lows will be in the 50s. fog in the morning hours. there's the fog, you see it playing tag at the coast, it never does the big push inland. tomorrow you wake up without a lot of fog and warm up rapidly. 90s in sacramento. on the tributes of the microclimate, you may get a couple upper 80s, low 90s, 85 in cob cord, 89 in antioch, warmer inland, mild bay, and cool at the coast. that sounds like summer. the five-day forecast, there's your warming trend, not a heat wave, just warmer. with temperature in the low 90s by saturday and sunday.

>> summer. thanks bill. coming up. new information about that major recall from general motors, one group says it caused more deaths than the carmaker is admitting to. a fifth grader attacked on the school bus allegedly by the father. we hear from his family and why the school district is critical of the bus driver as well. julie in the newsroom. bay area firefighters are leaving their job. >> it's the hardest thing to swallow as a firemen. >> what's causing them to quit. plus a new high-tech hospital hoped today. but nurses say there's a big problem, what they call a safety concern as the hospital trees its -- treats its first patients.

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. voters may be asked to approve a sales tax giving hope to doctors hospital in san pablo, it is expected to close next week. the board of supervisors is considering to conduct a poll if voters would support a quarter cent sales increase. supervisor says part of the money could be used to help keep doctors hospital open. we're hoping that voters see

the wisdom for the need for more law enforcement, emergency room service like doctors hospital and more fire service. >> even if voters pass the tax hike the hospital needs continued funding. the emergency room serves 40,000 patients a year, it's closure will have a big impact on other emergency rooms in the county. several carmakers reported the best month of sales in the u.s. since 2008. among them was general mothers, sales up -- general motors, that surprises people. nissan had the biggest gain, sales up 19%. a new report is linking 74 deaths to gm cars that were

recalled. reuters analyized accident data involving the chevy cobalt and the saturn ion. solo vehicle crashes where the air bags did not deploy. gm is linked the faulty ignition switches to 13 deaths. the automaker did not respond to this report. a uber driver accused of getting figure with a passenger. but he was not cited. two wrongs don't make a right. the wife of a man arrested for attacking his son's alleged bully. one of the most unusual art displays in the bay area comes down. what's going to be put in its place and what will happen to the pieces of art?

. this uber driver is accused of getting in a fight with a passenger, we showed this video in november, now prosecutors are charging him with battery,

this is part of an effort to getting tougher with ride sharing companies. >> the former uber driver came to court on an unrelated battery case. his lawyers called it harassment when he was surprised by the new battery illaqueation. >> -- allegation. there's very little fact. at the time this took place the police didn't want to cite him. just a dirty mexican [bleep]. the worst of it. you are the scum. you are the bottom of the scum. >> james alba said whitmire used those words. he recorded the two of them arguing. >> this is my car. that means you will be physical with you. >> yes you did.

>> prosecutors said whitmire slapped alba's phone out of his hand. in a statement uber works with hirees to conduct background checks. this driver had a clean background check. >> we're finding out often the drivers are not, the background is not being vetted the way we would like to see it. >> more drivers insurance and regulation is needed for redshare companies. >> we believe they are both and you have to play by the rules that impact both those industrys. >> the prosecutor office working on another high profile uber case, how it may prosecute a former uber driver who struck and killed a 6-year-old girl on new year's eve in san

francisco. a los angeles police arrested an uber driver forking acedly kidnapping a -- allegedly kidnapping a customer. when police looked at video they saw he carried the woman into the hotel. $40,000 in reward money in two south bay homicide cases. anthony santa cruz was stabbed to death in february of 2013. santa cruz was to football team. there's two suspects on that case. 20-year-old justin watkins was shot to death. police and the d.a. office are working together to offer a $20,000 reward in each case. new information in the case of a fifth grade boy scratched

and attacked on his school bus, allegedly by another child's parent. that parent is out of jail and tonight we're hearing from the family of the victim for the first time. noel walker is in richmond, in most cases the suspect would be in court. because this case involves children be beyond that special needs children. the police need the take time and care investigating this case before they give it to the district attorney. they can go through the investigation, it's fine, that's what they are supposed to do. nobody -- no harm should have come to this harm 72 we have to take this boy to his important appointment. >> he won't take the school bus of allegedly being attacked by hurt. who yelled and grabbed davis

claiming the child had bullied his autistic son. >> who's the bully. there was no one home when we went to heard's home. who's out of jail but not charged with a crime. police tell us they interviewed the suspect and are investigating the case. adults cannot take matters into their own hands when it comes to children no matter the age and assaulting a child is not acceptable. >> the bus driver has been suspended. the driver was required to report the bus attack and didn't. >> something like this is unacceptable and we expect the contractors to take the care with our students as we do. >> there's a lot of this happening on the news. >> davis family points to exam exam millions in the last week

-- examples. >> it needs to stop. who'll put their foot down and say enough is enough. >> bullies or not, two wrongs don't make a right. they hope there's a lesson in this for everyone about bullying. firefighters in san jose are trying to figure out what started a two-alarm fire, flames broke out on north king road around 3:00. this video was shot by firefighters at the scene. it didn't take long for crews to get the upper hand on the flames and no injuries reported. a chance to walk on his own for the first time. the before and after of a life changing surgery for this 6- year-old boy. an expensive lunch is getting pricier, the bidding to have lunch with one of the richest men in the world. a new warning for

norovirus, the every day places that may be most at risk for making you sick.

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so you can choose a bank where helping people comes first. chase. so you can. . a well known arttis play -- display was removed. it was created 17 years ago. the work was made with 32

pieces of furniture. the hotel is going to be demolished, so the long honored landmark has been removed. >> it's a sad thing to take apart a piece you love and people appreciate. hopefully we'll find a new location. perhaps on sixth street. the artist plans to sell the pieces on line if he can't find a new location. restaurants and catering serve us are the most common sources for norovirus. last year it was blamed for 100 people getting sick on this cruise liner. figures show only 1% of reported outbreaks happen on cruise ships. researchers say waiters, cooks and other food handlers cause 70% of the outbreaks related to

contaminated food. it happens when they touch ready to eat food with their bare hands. manufacturers who do more than half the business outside the city will be exempt. a ordinance was introduced for 12.30. it was passed but they will defer adoption. we keep track of kids in school, what about teachers, we're learning how often teachers are skipping school. two children stabbed while they were heading out for ice cream. and the fog is inching back in the coast, it is getting shallower, that means a warmup.

heat shields are compromised. weare those thrusters burning? that's a negative. what's that alarm? fuel cell two is down. i'm going to have to guide her in manually. this is very exciting. but i'm at my stop. come again? i'm watching this on the train. it's so hard to leave. good luck with everything. with the u-verse tv app, the u-verse revolves around you the u-verse revolves around you

. we keep track when students cut class, how about teachers, jacqueline phelp says the finding suggests teachers are skipping school a lot. >> for the first time the national council on teacher quality looked at teacher attendance in some of the largest school classes. teachers missing an average of

9.87 days. that's better than the national average of 11 days. >> it says a lot about the professionalism of teachers, how much they care about what they do. the study labeled more than 12 1/2% of those teachers who didn't make it to the class chronically absent. >> teachers are one of the most important factors of school for helping students learn. if they are not in the classroom it doesn't matter how effective they are. >> it's costly when teachers don't come to school. 40 school districts were studied in this group. to minimize absences the study suggests focusing why students are missing and addressing the needs.

the national council on teacher quality says it encourages districts to look at multiple years and patterns. police are trying to unravel a crime in new york. two children stabbed in a elevator on the way to get ice cream. one died at the hospital, a 7- year-old girl is in critical condition. a man stabbed them multiple time. the attack appear toes to be random. investigators released this sketch and the boy's father says he's seen the man in the neighborhood. >> saw that sketch and i recognized that individual, i've seen him in the hallway. he's homeless. >> investigators found a 8-inch kitchen knife near the scene and may be responsible for the stabbing of a teenager blocks away. a federal appeals court may

hear the antitrust case against major league baseball. san jose is asking to court to overturn major league baseball exemption from antitrust law. the a's owner has tried to move to the south bay for years. today is election day and polls close in less than three hours, without a major controversial issue turnout could be a record low. jerry brown cast his ballot. he serves a fourth term as california's governor. he served his first two terms from 75 to 83. the latest poll numbers show him with a strong lead over the republican competitors. today's election is the first full test of the primary

system. it places the two highest vote- getters in the november runoff. voters we spoke with said it will be interesting to see how it shapes up. >> that's really important for people to get out and vote. so let's hope they do. >> the new system was tested two years ago, today will be the first time it will be used for the governor's race. it aims to 14 up -- free up options for voters. among the high profile races is the san jose mayors race. chuck reed is termed out and there's eight names to ballot hoping to replace him. the race for secretary of state is hot. yee is no longer in the race. we'll be covering the election. we'll have results tonight on to 10:00 news.

you can find your polling place and voter information it's under hot topics. tonight city liters will -- leaders will decide the fate of the orchards development in oak grove would include a safeway, restaurant, stores, senior housing and a park. environmentist are upset that 200 trees would be cut down. it would provide jobs. the top bid to have lure with warren buffett is nearing $400,000. there's three days left, if past years are an indication the bid to have lunch will soar higher. the 83-year-old billionaire is chairman and ceo of berkshire hathaway. last year the winning bid was $1 million, back in 2012 the

winner paid $3.4 million to have lunch with buffett. >> that be fascinating. let's talk about our weather. bring in bill martin, a lot nicer today. >> a lot nicer, warmer, less fog, that's how it will go. less fog each day and night. still cool at the coast, warm around the bay, hot inland. that's typical summer pattern. we're seeing the inversion develop. 24 hours ago the fog bank, you can't call it a fog bank. it was 3,000 feet. the inversion is now down to 1300 feet, as we go into the next few days it will be below a thousand feet or at a thousand feet. that's enough to put it below the coastal hills. when that number gets below a thousand you get the heat inland. that's what we'll see. fog along the coast.

foggy in the sunset. at the golden gate park. as you get across 19th after it clears out. that fog will be in tonight but it won't have to push it had last night. san jose 71 degrees, san jose as we go into tomorrow will start out in the 50s. lunchtime in the mid-50s and warm to 81 downtown shows for the bay area wednesday. nice looking day tomorrow. start off mostly sunny. clear skies. fog forecast for the morning, 6:00 a.m., and it's not a big push. it's working through the livermore gap, fog up in santa rosa, that's it. this morning, you had the fog footprint into the valley. tomorrow afternoon it burns back, gone and temperature show up. 90s inland. cool coast, heats up. i love that foot print, you can

see the microclimates. that's how it will look all week. the 90s will come into the valleys here, you will see 50s and 60s along the coast. so the forecast highs, 90 in vacaville, 89 in brentwood, touching on 90 degrees, this pattern is good for air quality, you get the winds blowing tomorrow. it will keep thes atmosphere stirred up. not a heat wave, just giving you cool coast, mild around the bay and warm inland. it works into saturday and sunday with temperature in the mid-90's. five-day forecast, i don't think we're going to see rain for some time. a 6-year-old boy is walking for the first time. look at this, he's an incredible little boy taking his first steps. coming up, we'll tell you what

he's overcome with a lot of help from bay area doctors. >> back to julie with more on what we're working on for 6:00. >> a new hospital just opened its doors but nurses are sounding the alarm. the critical training they have not had and the impact on patient care. >> we showed you the video of a wheelchair bound student kicked by a school security guard. we're live with the school's response. these and more at 6:00.

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. a 6-year-old boy born with deform tease of -- deform tease can walk on his own. >> he should be able to be a good walker and play and he likes to play and sing and dance. he will continue to do so. >> doctors call him a sunny outgoing child. for the first six years he could only crawl or be carried. he couldn't wear shoes because of a genetic condition known as stuck joints. >> there was a series of surgeries and rearranged the bones on his feet and health ended the muscles.

>> the treatment took six months. he will have to wear lower leg braces for a few years, he's kicking the ball and a typical, healthy boy. he was born in a refugee camp in the west bank. he and his mother came here thanks to to palestinian children's relief fund. they will go home later this month and he will go to school. his dream is to be a surgeon like the doctors who checked his life. senator boxer will introduce legislation that will allow employees to continue first kate -- confiscate guns who pose a problem. >> if we can't learn from the tragedies shame on us. >> it comes two weeks after the mass shooting near uc santa barbara. the pause for safety act would allow a person's family or

friends to petition a court to bar that person from buying guns and allow authorities to remove any guns that person possessed. >> i want to make sure if someone feels there will be a tragedy that will occur eminently they can stop it. it's haunting the family of the gunman lacked the ability to stop the massacre. a $10 million donation of land is adding more forest, wetlands and marschs to the east bay. it will increase the coyote regional hills in fremont by 50%. the donation came from the heirs of george and clara patterson who's family homestead is the arden wood historic farm. we saw video of a school security guard dumping a

student from his wheelchair. we have more violence from a school elevator. what led up to attack. we have a clearer picture of the potential damage this san francisco man could have cussed -- caused. the items found in his apartment that led to an fbi manhunt. firefighters have no choice you but to walk away. >> to have your career taken away from you, something we worked hard to get into what's causing several to quit as we get further into the fire season. . startling new video of a student knocked out of his wheelchair and attacked by security guards. this comes after ktvu asked for video in the schools elevator. >> we first showed you this new video at 5:00, now we're live

with how the school district is responding. >> i've been putting in multip requests for the second surveillance video and the spokesman told me they located this extra footage this afternoon, we were able to get a copy, look at the video. they say that this shows more of this incident. this video came from a lower floor camera at oakland high school and shows the incident involving marshal mitchel who's been fired getting involved with a student, francisco martinez, you see martinez get into a scuffle with the guard, at one point mitchel appears to kick martinez in the head and drags him into the elevator with the help of a second officer. is