a fight involving a transgender teen at hercules high school last november. and a federal report last fall saying investigators found widespread sexual harassment in the west contra costa unified school district. are all leading to some changes in the kron-4's philippe djegal reports. the west contra costa unified school district board of education says it is in the process of revising its policies on student conduct, sexual harassment and hate- motivated behavior. a title 9 coordinator is overseeing the policy revisions, which at the board meeting in richmond were said to include better tracking of conduct related complaints, more training for staff members and education for students on how to deal with conduct issues, including gender related harassment. jewlyes gutierrez, the 16- year-old transgender student involved in a november brawl at hercules high school, says she wants more protections for bullied students. all of the students involved in that fight were suspended. but jewlyes is the only one facing charges from the district atrorney's office. the b

coming up nextthe transgender student involved in this fight at hercules high school two months ago, is now facing a possible battery charge. health officials shut down a foster farms chicken processing plant. will tell you what forced the closure. for thirty is the time. here's a live look outside. what else can we expect weather wise. we will find out. erica has that. good morning. >>erica: the morning james. it is dark out there and it is cloudy however it seems like it is a warmer. if a lot of folks have been writing and to me. a lot of people have been waking up to for these and 50s. i don't think anyone would drop below the freezing mark. santa rosa out the door. 54 degrees for downtown san francisco so we are enjoying very mild weather thanks to the cloud cover. as we head into the 7:00 hour the clouds will remain at looks like temperatures again mainly in the forties. approaching launch time will see partial clearing and mid to upper 50s. by 3 this afternoon highs will be very similar to yesterday with upper 50s low 60s. starting in the south bay and have 6162 for the altman

he he identifieses a female saying that led to bullying at hercules high school the teen says bullying provoked the fight. the school board is working on new poll says. >> in san jose a man is facing charges tonight in an unusual case of jury tampering. jose chavez on trial for drug charges prosecutors say he try to have had his stepfather pass a note to a juror. the district attorney says the note explained evidence not allowed in the trial. the juror reported it to the courtroom bailiff. >> lack of rain is prompting a long dry spell causing serious problems for farmers. >> the word they used today is dire. in mendocino they have declared a state of emergency in marin they have more but it's not easy on people who are ranchers or farmers. when this month is january, that is a problem for awe a dairy farmer like don perfect southern sonoma county. >> dry dirt. >> yes. >> nothing. >> he has 500 cows and loves making cheese all could be in jeopardy. this is all of the water don has left. >> how much water do you have sneer. >> i don't think very much. probably a week. >> there is a centu

. >>> in east bay a transgender team involved in a high school brawl. herculesh school last november was posted on you tube. 16-year-old joel gutierrez says she was harassed by the other students. the school suspended all the students involved, but the district attorney is charging jules with battery. jules told cnn today she was forced to fight back. >> i was only protecting myself, because i feel like i was getting provoked, harassed and bullied to the point where i had a breaking point and i just snapped. >> sister valerie has set up an organization asking the contra county district attorney to drop the charge. more than 20,000 people has now signed it. >>> football playoffs today confirmed the likely last game on december 23rd, well, that was the last game. the 49ers beat the falcons that day, the saints lost today, which means there is no chance the niners will host the nfc championship here even if san francisco wins tomorrow. and the 49ers are getting ready for that game in their quest for another super bowl appearance. they face the panthers tomorrow mor

this video caught the fight a couple of months ago at hercules high school. jewlyes gutierrez admits she slapped a girl who threw gum at her. she identifies herself as transgender. >>> new billboards going up in oakland exposing the problem of human trafficking and sexual exploitation of children. the campaign includes message urging people not to ignore the crime. >>> and the parents of one of the victims in the assiana plane crash is filing that claim against the city of san fransisco. ye meng yuan died when she was struck by two san fransisco trucks while on the tarmac at sfo. the city has 45 days to respond. if it rejects the claim, the family can then file a lawsuit. >>> after a slow start flu season has arrived in the bay area and it has turned deadly quickly. this map shows all the deaths it's blamed for in our region. four counties reported tedly cases of the virus -- deadly cases of the virus today. and there's one particular strain that is cause for concern. >> reporter: this year's vaccines did not include an avian strain that killed a canadian. th

. >> gutierrez who is by logically a boy admits to starting the fight at hercules high school, but onlyer being bullied because she identifies as transgender. >> it comes to a point where you can't take it anymore. >> even her own adopted parents admit it was hard to accept her gender identity. >> you have to do what is right for your son or for your daughter. you cannot rechange who they are. >> i can't understand why the district attorney's office would prosecute someone who has already been a victim of bullying. i think it is a further victimization of somebody who has been a target of homo phobia and trans phobia. >> i cannot discuss anything about any juvenile matter without a court order. >> now jules is calling for a petition for the d.a. to drop the case against her. in hercules, alan wang, abc news. >>> the governor has big plans to eliminate the state's debt. it is out lieged in his budget proposal he will reveal tomorrow. he wants to pay down the long-term debt by $11 billion next year. that's according to "the sacramento bee" who had a copy of the budget. the governor wants

harassment and the school district where this happened recently acknowledged -- this is at hercules high school -- that they in fact failed to do what was needed to protect julie. what happened as a result of their failure to act is a travesty because at some point in the middle of the latest harassment incident, julie decided to defend herself and this led to an altercation involving four different girls and there's a video that shows a very tumultuous incident and shows julie trying to run away. it so happens that the girls involved were suspended, but low and behold, the da in this case, law enforcement has decided that of the students involved that julie, who has been the tar get of the abuse, will be charged with battery. all the other students were suspended, but no other student will be charged. it's really a case that illustrates the travesty that -- the challenges that young transgender men and women face in our society. in a recent survey it was shown that almost 90 percent of transgender youth report having been harassed at school in this country. and those that have been harassed, t

harassment and the school district where this happened recently acknowledged -- this is at hercules high school -- that they in fact failed to do what was needed to protect julie. what happened as a result of their failure to act is a travesty because at some point in the middle of the latest harassment incident, julie decided to defend herself and this led to an altercation involving four different girls and there's a video that shows a very

this youtube video shows the fight at hercules high school. s involved. even 16-year-old jewels gutierrez who identifies as a female but was the only student charged by the da. >> i was only protecting myself because i feel like i was getting provoked, harassed and bullied to the point where i had a breaking point and i just snapped. >> gutierrez's sister says she created the petition on change.org to help convince the district attorney of her sister's innocence. >>> well, according to a new report it could cost up to $3 million to build a park in santa rosa in honor of 13-year- old andy lopez. he was shot and killed by a sonoma county sheriff's deputy in october while carrying a replica assault rifle. if the park was built it would cost another $25,000 a year to maintain it. the board of supervisor will discuss that proposal on tuesday. >>> crime has dropped in the city of san pablo, according to a new police report last year was the first time in 27 years that there were no homicides in the city. there were seven in 2012. the report also says

. >> gutierrez who is by logically a boy admits to starting the fight at hercules high school, but only after being bullied because she identifies as transgender. >> it comes to a point where you can't take it anymore. >> even her own adopted parents admit it was hard to accept her gender identity. >> you have to do what is right for your son or for your daughter. you cannot rechange who they are. >> i can't understand why the district attorney's office would prosecute someone who has already been a victim of bullying. i think it is a further victimization of somebody who has been a target of homo phobia and trans phobia. >> i cannot discuss anything about any juvenile matter without a court order. >> now jules is calling for a petition for the d.a. to drop the case against her. in hercules, alan wang, abc news. >>> the governor has big plans to eliminate the state's debt. it is out lieged in his budget proposal he will reveal tomorrow. he wants to pay down the long-term debt by $11 billion next year. that's according to "the sacramento bee" who had a copy of the budget. the governor wa

that happened at hercules high school. >> pam: everyone in the fight was suspended - including the trangendered student -- jules gutierrez. >> pam: gutierrez is now facing battery charges. >> pam: ahead at eight. the illegal. after school >> pam: activity that police say, landed one south bay school employee behind bars. more backlash for the raiders? >> pam: version of the "super- secret" raiderettes handbook. that is raising eyebrows. and next-- cars abandoned on >> pam: freeways. and people forced to sleep in stores. >> pam: the deep south paralyzed by snow and ice. and the finger- pointing is just beginning. [son] she has no idea. [man] no one told her,right? [son]hi! [mom screams] >> reporter:the georgia city often called "hotlanta" is anything but. atlanta remains paralyzed by snow and ice for a second night. more than one thousand accidents reported. freeways blocked by abandoned cars. children forced to sleep in classrooms or on school buses. and the finger pointing has just started. >> i did i get home to my parents i will freak out! >> reporter:children - stuck on their school buses -

. >> gutierrez who is by logically a boy admits to starting the fight at hercules high school, but only it comes to a point where you can't take it anymore. >> even her own adopted parents admit it was hard to accept her gender identity. >> you have to do what is right for your son or for your daughter. you cannot re cannot rechange wy are. >> i can't understand why the district attorney's office would prosecute someone who has already been a victim of bullying. i think it is a further victimization of somebody who has been a target of homo phobia and trans phobia. >> i cannot discuss anything about any juvenile matter without a court order. >> now jules is calling for a petition for the d.a. to drop the case against her. in hercules, alan wang, abc news. has big the governor has s to eliminate the state's debt. it is out lieged in his budget proposal he will reveal tomorrow. he wants to pay down the long-term debt by $11 billion next year. that's according to "the sacramento bee" who had a copy of the budget. the governor wants to eliminate the debt by 2018. he is proposing $45 billion

. >>> a transgender student from hercules high school who claim to be a victim of bullying is being charged on november 15, 16-year-old jewelyes gutierrez was involved in a fight with three girls and it was caught on video. she says she has asked school officials for help but the bullying continued so she fought back. the sophomore is now charged with misdemeanor battery. >> it sends a message to bullies that you can bully individuals and that adults will then further victimize the person that you have been tormenting. >> no charges were filed against the other people involved. gutierrez's sister has started an online petition to drop the charges. >>> a question on repealing the state law extending rights to transgender students will be on the ballot. they want to repeal the law that allows transgender students to use bathrooms and sports based on gender identity. there may not be enough valid signatures to put the initiative on the ballot. counties have until february 24 to verify all of the signatures. >>> two people are recovering tonight from injuries they suffered in an explosion at a

. >>> a transgender student from hercules high school who claim to be a victim of bullying is being charged with battery. on november 15, 16-year-old jewelyes gutierrez was involved in a fight with three girls and it was caught on video. she says she has asked school officials for help but the bullying continued so she fought back. the sophomore is now charged with misdemeanor battery. >> it sends a message to bullies that you can bully individuals and that adults will then further victimize the person that you have been tormenting. >> no charges were filed against the other people involved. gutierrez's sister has started an online petition to drop the charges. >>> a question on repealing the state law extending rights to transgender students will be on the ballot. they want to repeal the law that allows transgender students to use bathrooms and sports based on gender identity. there may not be enough valid signatures to put the initiative on the ballot. counties have until february 24 to verify all of the signatures. >>> two people are recovering tonight from injuries they suffered in an e

. >>> a transgender student from hercules high school who claims it be a victim of bullying has now been with battery. back in november 16-year-old jewels gutierrez was involved in a fight with three girls that was captured on cellphone video. jules claims she asked school administrators for help but the bullying continued and that's why she fought back. the sophomore, however, is now charged with misdemeanor battery. >> it sends a message to bullies that you can bully individuals and that adults will then further victimize the person that you have been tormenting. >> now, no charges were filed against the other people involved. jules' sister has set up an online petition to get prosecutors to drop those charges. >>> a new campaign to stop the sexual trafficking of children will be launched today in alameda county. more than two dozen billboards will be unveiled today telling the offenders they are going to be prosecuted for buying or selling a child for sex. ads will also be going up in bus shelters telling victims it is possible to escape. the fbi says oakland is a national hotspot for

gutierrez is a boy biologically but identifies as girl and admitted to stating the fight after hercules high school. jewyles gutierrez says the other girl bullied her and pushed her to the breaking point. >> it was hurtful. the bullying was not nice words. >> i don't understand why the district attorney would prosecute someone who has been a victim bullying. >> i cannot discuss anything about any juvenile matter without a court order. >> jewyles gutierrez is upping the district attorney to were drought charges. >> president obama and vice president biden are meeting with member of congress this morning to discussion potential reforms to the national security agency. the white house is consulting with leaders and ranking members of the senate intelligence and judiciary committees and privacy advocates and intelligence officials. sources say president obama is likely to tighten restricts on spying on foreign leaders and is also considering limiting the n.s.a. access to americans' phone records. >> the nfl is on the defense this morning following a lawsuit filed by football fan who says super bowl tic

. >> the fight happened on november 14 at hercules middle high school. her classmates were taunting and bullying her and that's what sparked the fight. >> i really like, want my -- want the charges against me to be dropped. >> jewels and the other teen seen in this video were suspended and they were called into question and examined. school board president, charles ramsey, doesn't know why the d.a. got involved. >> if a crime happens, a crime happens. i would like to have a better understanding behind it and learn more about why this is not a punishment enough, especially when the child has expressed a position that they had been bullied. >> there was a police report taken after the fight. jewels public director is equally confused by the charges. >> i don't understand quite why the district attorney's office would prosecute someone who has already been a victim of bully bullying. >> from the classroom to the camera and now to the courtroom, jewels is ready for this ordeal to be over with. >> you think you should have been charged with battery? >> no. >>

the fight happened on november 14th at hercules middle high school.says her classmates were taunting and bullying her. >> i really, like, want my -- want, like, the charges that are against me to be dropped. >> jewels and the other teens seen in this video were suspended and bullying policies in west contra costa were called into question and examined post fight. school board president charles ramsey doesn't know why the da got involved. >> if a crime happens, a crime happens, but i'd like to have a better understanding the rationale and motivation behind it and sort of learn more about why this is not a punishment enough, especially when the child has expressed a position that they had been bullied. >> there was a support taken after the fight. jewels public defender is equally confused by the charges. >> i don't understand quite why the district attorney's office would prosecute someone who's already been a victim of bullying. i think that it's a further victimization of somebody who's been a target. >> from the classroom to the camera and now to th

. >> reporter: the fight happened november 14 at hercules middle high school. jules gutierrez says her classmates were bullying her and sparked the fight. >> i really like my, uhm, like the charges that are against me to be dropped. >> reporter: jules and the other teens seen in the video were suspended and bullying policies in west contra costa were called into question and examined post-note. the school board president doesn't know why the d.a. got involved. >> if a crime happens, a crime happens but i'd like to have a better understanding of the rationale and motivation behind it and learn more about why this is not punishment enough especially when the child has expressed a position that they had been bullied. >> reporter: there was a police report taken after the fight. jules' public defender is equally confused by the charges. >> i don't understand why the district attorney's office would prosecute someone whose already been a victim of bullying. i think that it's a further victimization of somebody who has been a target. >> reporter: from the classroom t

jewyles gutierrez is being charged with misdemeanor battery for the november fight at hercules middle and high school. jewyles and the other teens in the video were suspended but school leaders are questioning why police got involved. >> if a crime happens a crime happens but i would like to have a better understanding of the rationale and motivation behind it and sort of learn more about why this is not punishment enough especially when the child has expressed a position that they had been bullied. >> prosecutors would not explain why jewyles was charged even after she was punished by the school district. >>> friends and family desperately searching for a yahoo employee who disappeared without a trace on new year's eve. 28-year-old luke arduini posted the pictures from that night after midnight apparently taking an uber car to his apartment in oakland and there is evidence he did make it home. that's the last time anyone has heard from him. he left behind his kitten, a diabetes kit and antidepression medication. >>> coming up, for the first time possible presidential candidate chris christie address

>> jewyles and the other teens in this video were suspended for the november fight at hercules middle and high schoolice got involved. >> if a crime happens a crime happens but i'd like to have a better understanding of the rationale and motivation behind it and learn why this is not punishment enough especially when the child has expressed a position of being bullied. >> jewyles' public defender is also confused by the charges against the teen. prosecutors wouldn't explain why there was charges even after school district punishment. >>> arraignment is delayed until next week for the man accused of kidnapping a 7-year- old girl in antioch. 43-year-old david douglas is charged with six felonies. police say douglas kidnapped the girl outside her home on friday and was caught with her a few hours later at the antioch marina. >>> jahi mcmath is stabilizing after breathing and feeding tubes were inserted. the family's lawyer says the brain-dead teen had the surgery yesterday. the 13-year-old was moved to an undisclosed facility on sunday. her body has been kept on a ventilator since mid-december when she

fighting ] >> now she is charged charged with misdemeanor battery for the november fight at hercules middle and high schoolthe other teens in the video were suspended but no one knows why police got involved. >> i don't understand quite why the district attorney's office would prosecute someone whose already been a victim of bullying. i think that it's a further victimization of somebody who has been a target. >> the school board president is equally confused by the charges brought on to the teen. prosecutors would not explain why jewyles was charged after being punished beat school district punished by the school street. >>> the dow was down 68 yesterday, the nasdaq was up 12. >>> macy's is laying off 2500 workers and closing five stores across the country to cut costs. the move is expected to save the company about 1$00 million a year. no california stores are closing and macy's says 8 new store openings are still in the works despite the cutbacks. >>> just a month after the target security breach and weeks before the start of tax filing season, identity theft skyrockets. cbs news business analyst jill s