, mitchell, is facing criminal charges. 23-year-old former oakland high school security guard marcel mitchell in the white shirt is facing a felony charge of inflicting corporal injury on a child after he struck wheelchairbound 17-year-old francisco martinez. mitchell was fired the same day and the school district has strongly condemned his actions. >> we're looking closely at everybody involved in this incident. i don't want to give the impression any sort of disciplinary action or termination is imminent for the other security officers that did. assault the student, but clearly a number of things went wrong beyond the vicious assault by mitchell on francisco. >> reporter: but the district acknowledged martinez who suffers from cerebral palsy may have provoked mitchell by hitting him and spitting on him. martinez says he was only trying to get mitchell to let go of his wheelchair. >> i'm still trying to tell the security guard to let go and i don't know. he just snaps, throws me out of the chair. >> reporter: on friday students at oakland high school were passing around a petition asking mit

and talks to the students. >> marcel mitchell fired after this incident but students say he was provoked by the boy in a wheelchair. a 17-year-old described as a campus troublemaker admitting to spitting in mitchell's face. >> at the end of the day you spit on someone, there are consequences. >> i was in handcuffs. >> at the time of the incident on the video he was in handcuffs due to a prior altercation. i don't think apology is going to help me with all of the expenses that might come with this. >> the adult has a higher responsibility to act maturely and to exercise restraint. >> these are photos they claim show a black eye. he told us he had to return to the hospital last night for headaches and back pain. and martinez says he is painfully aware other students are defending mitchell, not him. >> that is their opinion. they're not going through the pain i'm in. it's okay whatever they have to say. >> mitchell arrested and charged with felony child abuse. in oakland, abc7 news >> a bay area man inside injured in a deadly rampage is recovering with family tonight n a cnn interview he to

and talks to the students. >> marcel mitchell fired after this incident but students say he was provoked by the boy in a wheelchair. a 17-year-old described as a campus troublemaker admitting to spitting in mitchell's face. >> at the end of the day you spit on someone, there are consequences. >> i was in handcuffs. >> at the time of the incident on the video he was in handcuffs due to a prior altercation. i don't think apology is going to help me with all of the expenses that might come with this. >> the adult has a higher responsibility to act maturely and to exercise restraint. >> these are photos they claim show a black eye. he told us he had to return to the hospital last night for headaches and back pain. and martinez says he is painfully aware other students are defending mitchell, not him. >> that is their opinion. they're not going through the pain i'm in. it's okay whatever they have to say. >> mitchell arrested and charged with felony child abuse. in oakland, abc7 news >> a bay area man inside injured in a deadly rampage is recovering with family tonight n a cnn interview he to

the school district says it fired security guard marcel mitchell immediately after the incident. s seen here in this grainy photo. mitchell had been hired as a substitute security officer in november and had passed a background check. the guard is due in court to face felony criminal charges. live from the newsroom tara moriarty ktvu channel 2 news. >> our coverage continues online on our website at ktvu.com. we have posted that surveillance video in its entirety and the letter sent home to parents by the district. >>> there is a warning from san jose police about a new scam and this one targets undocumented immigrants. janine de la vega is joining us live in san jose. tell us why scammers have been impersonating dmv employees, janine. >> reporter: well, dave, california won't start issuing driver's licenses to undocumented people who meet all the requirements until january 1st of 2015. not everyone knows that so scammers are telling people that they are available now for a price. san jose police is aware of the scam and say that some criminals are asking up to $1,000 a person to

the guard is 23-year-old marcel mitchell. the district says he won't be coming back. he was fired right after the attack. students say mitchell is a very popular guard on campus. in fact, when that student, the victim, showed up to campus this morning, other students confronted that victim and he had to leave school this morning. live in oakland, i'm da lin, kpix 5. >> marcel mitchell has made bail and is facing one count of child abuse. oakland unified hired him back in november. >>> a bart police officer will not be charged for the fatal shooting of a fellow officer. the officers were searching a dublin apartment in january for a man wanted for several robberies. now, sergeant tommy smith and officers michael maes were inside but the d.a. says they weren't aware of one another. maes saw a shadowy figure with a gun and thought it was an armed suspect and opened fire. it turned out it was officer smith. he was the first bart police officer to die in the line of duty. >>> one week after the isla vista massacre, a california lawmaker has announced a mental health gun bi

marcel mitchell has been charged. >> we are sorry one of our employee could betray the public trust and injure a student. >> a group of students defend the guard's actions. >> charges need to be dropped. >> they think the gar was -- the guard was provoke by a student who is a troublemaker. the guard was trying to get martinez to class because he was late and started pushing the chair. martinez slapped the guard's hand and the guard handcuffed martinez who spit in the guard's face. >> you let someone stick in your house, what are you going to do? he spit in somebody's face the i feel like he was brought out --. >> district officials are aware but don't agree. >> i understand that perspective as someone as a teen but from an adult it is unacceptable. >>> the district says the counselors and administration have been briefed on the situation and are encouraging kids to talk about their feelings. we reached out to the guard and he doesn't want to comment at time and is due in court in a couple of weeks. >>> santa cruz sheriff deputies want to necessity if this man arrested for lewd actions w

now the school district says it fired security guard marcel mitchell immediately after this incident. it's shown here. mitchell had been hired as a substitute security officer in november and had passed a background check. the guard is due in court next month to face felony criminal charges following his arrest by oakland police. >>> several members of the oakland community express their anger over the beating incident during wednesday night's school board meeting. >> those students much less a student in a wheelchair shouldn't be assaulted or treated the way francisco was. >> there is no way a white student in his wheelchair would have been thrown out of his chair on to the ground. >> the oakland school district says it's taking this beating understand accident very seriously. a spokesman says it could lead to major changes in the way the district trains school security guards. our coverage continues online at ktvu.com. we have posted that surveillance video in its entirety as well as the letter sent home to parents by the district. >>> bryan stow's attorney plans to show the night h

police say marcell mitchell beat up a student in a wheelchair. this surveillance video shows him smashing francisco martinez an dumping him out of the wheelchair. martinez has cerebral palsy. he may have spit in the guard's face. >>> tonight, college water polo star nick passachutt of danville talked to anderson cooper. >> we chatted about how our day was going and the drive down. next thing we know, a car comes. >> he came over to where you were laying trying to come first time you and he heard a series of pops. did you hear that as well? >> we heard pops before, but we didn't think much about it. the first time we heard of him. not even a second guess. probably a fire cracker. >> probably planning on getting back in the water? >> i can't imagine life without water polo. not even a second guess. all i want to do is get back in the water. >> both of nick's legs are broken but he is expected to make a full recovery. >>> elliot rodger blames his day of retribution on the women who never paid attention to him. that sparked a huge backlash on twit te

it will tear around oakland high-school students. 60 if all car time periods security officer marcel mitchellit is repeatedly striking and sauce marks francs and the signal of our test print martinez allegis out that other to trigger a stunt man and an elevator repair. it's been captured here that-that jose's leland high's will join the family of george chen was killed week up last week. george's mother told the crowd that she hopes this was the last time that a parent had to attend a vigil like this. >>: and a los angeles clippers could be sold off for a record two. billion $6 to former of ceo of microsoft steve barker it donald sterling has been banned for life for racist remarks that were made to the public and his lawyer insists that dawdled is not yet to lead the team. the back-and-forth continues. >>: was never to the weather center. erica good morning. >>erica: the morning james and happy friday to you. licking up to some low clouds and the vendors along the coast. those clouds will continue to sell to the bay area for the next couple of hours we're going to deal with pretty overcast c

the school district says it has fired guard marcell mitchell immediately after the incident. it hired mitchell as a substitute security officer in november and says he did pass a background check. he was arrested by oakland police. he now faces felony charges. reporting live in the newsroom pam cook ktvu channel 2 news. >>> several members of the oakland community showed their anger during wednesday night's school board meeting. >> most students much less -- no students much less a student in a wheelchair should be assaulted or treated the way he was. >> there's no way a white student in his wheelchair would have been thrown out of his chair on to the ground. >> the oakland school district says it's taking this beating incident very seriously. a spokesman says this could lead to major changes in the way the school district trains school security guards. our coverage on this continues at ktvu.com. we've posted the entire surveillance video in its entirety. you can see it as well as the letter that was sent home to parents by the school district. >>> 8:35, midnight tonight is th

the oakland school district says it fired security guard marcel mitchell immediately after thiazins accidentu see him here in this grainy photograph. mitchell had been hired as a substitute security guard in december and did pass a background check. the security guard is due in court to face felony criminal charges after his arrest by oakland police. in the meantime several members of the oakland community expressed their anger about this beating incident during wednesday nights school board meeting. >> those students much less a student in a wheelchair should be assaulted or treated the way francisco was. >> there is no way that a white student in his wheelchair would have been thrown out of his chair on to the ground. >> the oakland school district says its taking this beating incident very seriously. a spokesperson says it could lead to major changes in the way the school district trains school security guards. our coverage continues on our channel 2 website ktvu.com. we have posted that surveillance video in its entirety as well as posted a letter that was sent home to parents by the sch

accused of actually striking a student. 23 year-old former oakland high school security guard marcel mitchellg corporal injury on a trial after start stressing wheelchair- bound says the prince's " martin is on may 19th incident captured on a school security camera fire from the school same day oakland unified school district has strongly condemned his actions. in this incident and something we condemn as a school district this behavior, any student regardless of physical condition. but it acknowledged martina's insert and suffers from cerebral fras we might of invoked a by hitting and spitting on him martinez as trying to get mitchell to let go of his wheelchair. so china's security guard to let go and i don't adjust snaps those me out of the chair did friday at an oakland has go passing on a petition asking that he be given his job back. and not necessarily say breathless security guard to do that wasn't right for the kid to spit on him or cross him either. iran on together. i don't think he should of gunfire because the student had marred the start as this is doing his job pit nonspeaking