the sentence was >> a couple of hundred people rallied where johannes mehserle shot and killed oscar grant. grant's motherr and angry. she says mehserle got off easy for taking a human life. >> such an injustice. it haunts me to think about how we have not come far from the times of the complex plan. we still are fighting that seen battle. it is a shame. >> johnson says the expected release of mehserle's opening newtons for her family. for >> i can degrade every day over the loss of my son. no other apparent have to go groups and lost in such a way that i have. >> it " has been tough on a seven year-old daughter of dr. grant, tatiana. she says she misses her father. >> if we look up into the sky in to pray for him. >> then after the rally, protesters marched down international boulevard in oakland. some of them took down their frustration on this thing of it resembling a police car. people do not want this rally to result in violence. they say it is about demanding justice. >> people will still come out in protest against police brutality and a matter what was decided in the case. >> right

, more on our top story, former bart police officer johannes mehserle was convicted of shooting oscar grant, he is out of prison now, release at 12 01 a.m. from the l.a. county jail where he had served a year of his two-year sentence for the involuntary manslaughter conviction, shooting grant on new year's day in 2009. a judge ruled out that he should be given credit for time served and for good conduct. after the sentence yesterday, there were protests and demonstrations, then today we will see what happens. craig skalar is live at the ferndalhe bart station whert occurred. >> how things were quiet, there were concerns that there would be problems here as a flash point, there were even parts of the station boarded at yesterday's but today it is quiet. people i talked to say they hope it will stay that way. >> i do not think anyone needs to get out and do anything, but that is how people feel, they go off of their emotions. everyone has seen the videotape, from the camera it was clear as day. the police can do with a one, of course people are met. >> i have only been in this city for nine m

oscar grant is a free man this morning. makovec live in los angeles all morning where we understand meheserle walked out of jail a minute after midnight. good morning ann. >> good morning this all happened pretty quickly, this was the release order issued, on friday he was released officially at 12:01 a.m. and oscar grant's family was notified 12:25 a.m. this morning. normally they just open up the doors and let prisoners come on out when their time is up but in this case they were concerned for maze earless safety we did not see -- meheserle's safety we did not see him exit the jail and do not know how that trans pyred, oscar grant's family was waiting outside the scale since 11:30 p.m. last night. >> i want to be present so that he knows his life is not just going to be back to normal business as if nothing happened. >> and it won't be meheserle will be on felony parole for 5 to 7 years he was convicted of involuntary manslaughter last summer maintaining the killing was an accident he meant to use his taser instead of his

oscar grant's family were waiting at the jail since 11:30 p.m. last night they are upset about changes in the case they were not informed of. grant's uncle wanted to speak at the final hearing but didn't get a chance and wanted to see meheserle walk out of jail. >> i want to be present so he can see me he knows his life is not going to be just back to normal business as if nothing happened his face will be posted around the bay area, alameda county and elsewhere, informing the world that he is a murder, he is a white cop that got off, not held accountable for a murder he committed. >>> johannes meheserle the exbart cop who killed oscar grant in 2009 will now be on felony parole for 5 to 7 years he was convicted of involuntary manslaughter last summer, maintaining the killing was an accident he meant the use the taser instead of his gun on the bart platform that night the whole event captured on cell phone video when they read their verdict the jury attached a gun enhancement charge which could have carry add stiffer penalty but judge perry threw i

hours before his release. >> one, two, three, four, what the hell are we fighting for, justice for oscar grant. >>> hundreds marched past the fruit vail station where he has meheserle shot grant in 2009. stay with cbs 5 and cbssf.com for continuing coverage of his release. >>> it was a lengthy stand off by ended peacefully in milpitas, police blocked off streets for most of yesterday, where a man wanted for a felony assault was believed to be barricaded in a home milpitas police tell us the stand off ended overnight no one was hurt and no one was taken into custody. >>> this morning, the fight over prop 8 returns to court. supporters are asking a new federal judge in the case to reverse a ruling last year that over turned california's ban on same-sex marriage the group called protect marriage argues the previous judge had a conflict of interest because he is gay. kit doe will have a live report at 5:00 a.m. >>> six suspects to be arraigned today in the connection with the death of a german tourist shot in san francisco. she was caught in the cross fire of a gun battle in union square it happen

we'll just have to wait in saying everything looks fine right now. >> kron 4 spoked oscar grant smother at and how they knew she is >> the sense was so lenient people with lesser offenses were given more time than he was given her killing my son. it is a tragedy arid fighting the same battles today. >> will be hearing from mehserle sound townsfolk's in nassau. >> these live pictures art from rock felt maryland there might have been hopping bomb planted at the metro station police are on scene. there are no passengers as everyone has been evacuated. what we are hearing is someone may have placed a bomb on the platform or on the tracks. a person has been arrested and we will give you updates as in the command. and now check of our weather >> alive look in walnut creek it is getting better and better with each hour. no temperature in the mid- 50s around the area we're off to war started. this is where the temperatures are at this time mid '50s pop arid cooling-off just a little. we're dealing with low cloud cover not extensive as what we have had the past week. the fog is off the coast. we

>> oscar grant! >> oscar grant! >> reporter: last night the protests began at the fruitvale b.a.r.t. station where he was kill two and a half year'. demonstrators held signs. some read "justice for all." oakland police did not close the streets but they did control the crowds. for two hours there was an even- mic opportunity for anyone who wanted to publicly event. organizers said they pushed anarchists to get the world out. they didn't want any violence or spray-painting. despite the anger of johannes mehserle only serving two years, it's evidence. >> he lost his son -- his father. she lost her son. >> reporter: what do you do? >> pray. >> reporter: police made only one arrest for tagging. we've left a few messages for the spokes people within groups and we're waiting to hear back. we wanted to show you across the street you can see posters which say justice for oscar grant, a sign that the owner sympathizes with the opener's family and trusted all of those who gathered that the protests will remain peaceful. yeste

live in the bay area for the rest of his life. >> a jury convicted him in the shooting death of oscar grant. >> disappointment again in the criminal justice system. >> grant's uncle waited at the jail hoping to see his release but he did not. >> we heard the helicopters and police cars fleeing off it was an assumption it was like he was getting ready to come out. five, ten minutes later i received a phone call that a change in his status just occurred and that he had been released. >> later he joined a los angeles contingent for a rally at the courthouse where he was convicted. there he played for us the automated phone message notifying the grant family of mehserle's release. >> i'm calling to tell you there has been a change in the custody status. >>> he said that recorded message came in about 20 minutes after johannes mehserle was long gone from the jail here. we are hoerld told by his attorney he is with his family. he wants very much in northern california, get a job and go on with his life in relative obscurity. >> amy hollyfield is in oakland where the streets are quiet despite outr

it is a blast in the face for oscar grant and the family.h murder, plain and simple. marin writes, what a huge is a point in our judicial system i hope that the family can find some place in the heart and johannes meserle made mistake and even real bad guys only serve one half of their sentence. >>pam: continuing coverage of our website for continuing coverage of the release of johannes meserle. at 6:30 legal analyst michael cardoza will be providing his analysis of the case. >>jacqueline: the golden gate bridge is seen fog roll and. it is mainly along the coast fog-rolling anin. through the san mateo coast, it is coming through overnight. that will impact temperatures along the coast. however, a nice warm up to our inland. 86 degrees in antioch. 83 in santa rosa but we are in for a warm-up details on that coming up in just a bit. stay with us. we will be back in just one bit. 3ç [ banker ] mike and brenda found a house that they really wanted. it was in my sister's neighborhood. i told you it was perfect for you guys. literally across the s

grant family members and the los angeles coalition for justice for oscar grant expressed frustration over mehserle's release. protestors said grant's case is one more example of injustice within the system and they say people are more passionate than ever about change. >> these issues and everything right here -- hey, have been lying dormant for some but they're alive today. >> protestors march to the federal courthouse. the grant family has made repeated requests to the department of justice to look into the shooting and investigation. >>> oakland police confirm this morning that officers made just one arrest during a protest yesterday against mehserle's release. some store owners were concerned the demonstration would turn violent and show their support for oscar grant with posters in doors and windows. they took this video this morning. other businesses like t mobile and men's warehouse boarded windows and reopened this morning with those windows still covered. >> we want justice for who? >> oscar grant! >> the protest began with a rally at the fruitvale b.a.r.t. station where gran

than under a table top to the streets to show shot support for the man that we shot and killed an oscar grantshot grant appeared who was unarmed and on new year's day 2009 there >> signs like this tell-all they believe that a better justice system is biased was specially those of color >> people that do less avenges bargain given more time than this officer was given for killing my son. >> a couple of hundred people were rally at that trains station where of oscar grant lost his life. when his mother said he got off easy for taking on new them life >> it hurts me that we have not come that far from the time of the coup plotters planned. this release 7 mehserle is opening new ones. >> i agree every day for the loss of my son. >> it has also been tough on his seven year old daughter thought dionne now. >> we look up to this guy and prefer a.m. i really miss him >> protesters marched down international boulevard some of them took out their frustration out this pinata the wish it like a police car. they were demanding justice >> we will not stand for police brutality will matter what. >> we will

>> oscar grant. >> reporter: 200 or 300 people took to the streets in oakland in the name of oscar grant once again. >> protest for peace. >> reporter: the i am meant release -- i am meant release of mehserle 11 months into a sentence for shooting oscar grant. >> justice has not been done. that has to stop. >> reporter: his nephew was killed on new year's day 2009. demonstrators held signs that said justice for all. >> what happened to oscar is gone and it is history. but this is not history. >> reporter: but violence did not happen this night as the police kept watch over the crowd. >> she loved her father and i loved her father. and i am robbed of a husband and she of a son. i just want accountability. >> what do you do? >> pray. >> reporter: the department of justice is asked to look into possible civil rights violations in this case. the concern, of course, in the past has been for those who weren't part of the actual protest causing problems like we saw last summer. so far we can tell you things here are quiet. live in oakland, eric rasmussen, ktvu, channel 2 news. >>> and it is cal

live in the bay area for the rest of his life. >> a jury convicted him in the shooting death of oscar grant. >> disappointment again in the criminal justice system. >> grant's uncle waited at the jail hoping to see his release but he did not. >> we heard the helicopters and police cars fleeing off it was an assumption it was like he was getting ready to come out. five, ten minutes later i received a phone call that a change in his status just occurred and that he had been released. >> later he joined a los angeles contingent for a rally at the courthouse where he was convicted. there he played for us the automated phone message notifying the grant family of mehserle's release. >> i'm calling to tell you there has been a change in the custody status. >>> he said that recorded message came in about 20 minutes after johannes mehserle was long gone from the jail here. we are hoerld told by his attorney he is with his family. he wants very much in northern california, get a job and go on with his life in relative obscurity. >> amy hollyfield is in oakland where the streets are quiet despite outr

an early release for the cops seen here shooting and killing oscar grant back in two thousand and nine so after serving less than a year of the sentence are police getting away with murder we hear from oscar grant's uncle. good evening it's monday june thirteenth eight pm here in washington d.c. i'm lauren lyster you're watching our t.v. now ninety years ago coal miners rose up in the largest armed insurrection since the civil war it became known as the battle of blair mountain some credit it with launching the labor movement and creating a middle class america that exists today but the battle is not over some of those coal miners descendants along with activists and environmentalists marched this past week at what's being called the second blair mountain arches killing board was there and she has the story. in the mountain west virginia a battle is raging. for the feet of amount in its core. and a sort of resistance in appalachians the same cause. it's not easy. that a hundred miners activists and environmentalists marched at blair mountain to demand an end and mountaintop removal. te

fernando and oscar grant's father, including illegal arrest and force.ims against his fire training officer, anthony perony. >> they should have been prosecuted. we don't have control over that. this is the only matter we have control over. >> anthony is fighting to get his job back. that could happen by december. meanwhile the five individuals just named in this story were on the platform with grant the night he died. they along with grant's father who is now incarcerated head to settlement conferences tomorrow. >> robert lyles in oakland, thank you. >> you could say it's a sign that the political process works. state lawmakers just approved a budget that none of them seem to like. a new vote began just after 9:15 tonight on an $86 billion package. it passed about 15 minutes ago. democrats are not getting the tax renewals they wanted. instead the state is making up for the deficit with the spending coteds, projected revenues and increased fees. republicans are leery about what exactly is inside the budget. they accuse democrats of keeping them out of th

morning, bart will continue negotiating settlements for people impacted by the shooting that killed oscar grant. robert lyles has details of yesterday's settlement with grant's mother. >>> reporter: >> no amount of money can replace oscar. if i got a dollar or $100 million, it still wouldn't bring oscar back. >> reporter: wanda johnson says the 1.3 million settlement with bart today for the new year's day 2009 death of her son brings no closure and no sense of satisfaction. >> what would make me satisfied is that my son would be here. that's what would satisfy me. >> reporter: the settlement does bring to a close some of the bay area's darkest days, including violent protests in the street of downtown oakland and the murder trial of former bart cop johannes mehserle. a los angeles jury ultimately convicted him of involuntary manslaughter. still, the 1.3 million paid to wanda johnson and an earlier payout of $1 $.5 million to oscar grant's 6-year-old daughter is not a legal admission of fault. >> you can say legally i admit it or not. but the payment of the substantial amount of money is acknowl

bring justice for oscar grant. it's just beginning. the community is standing with the family in this issue. they are tired like we are tired of being jerked around by the system in a sense of letting us know the date he will be released. >> stay with kron 4 news and www.kron.com as we follow the release of johannes mehserle. >>> in news around the bay, a vigil held for a murdered three- year-old baby. the baby was killed sunday when police say two men opened fire on his family's car. his parents and brother were injured. meanwhile a teenager accused is being charged as an adult. prosecutors believe it is a case of mistaken identity. >>> police continue their search for the man walted for sexual assaulting and robbing a victim. the victim shot this video. after steeling electronics the man returned and sexually assaulted her. a roommate says the victim did not leave after the robbery because she was in shock. a $5,000 reward is offered in this case. >>> two men have been convicted of murdering chauncey bailey. a jury found the former l

. >> reporter: more than 30 members of the los angeles coalition for justice for oscar grant as well as his uncle marched to the u.s. courthouse to demand they file federal charges against former bart police officer johannes mehserle violating oscar grant's civil rights. >> we did not receive justice in this proceeding, we have been denied our rights and i am here to tell you this fight is not over. >> reporter: johannes mehserle was released after midnight. after serving 365 days of his two year sentence for shooting and killing oscar grant. >> it is a travesty that the judge showed just how criminal this system is. and he exposed just how racist, how racist this criminal justice system his. >> reporter: his uncle joined protesters outside the los angeles courthouse. >> we will not lay down with our hands behind our back and allow the police officers to kill us. it is time for the community to stand up and speak to this issue. it is sad for me to be here on behalf of my nephew to be talking about this. but this mission has just begun. johannes mehserle's life will not be back to nor

manslaughter, we would still be under jail. >> reporter: johannes mehserle, the ex bart cop who killed oscar grant in 2009, was released at 12:01 this morning. after spending 11 months of a two-year sentence, in the los angeles county jail. grant's uncle was waiting outside. >> i want to be present so that he can see me, that he knows that his life is not just going to be just back to normal business as if nothing happened. >> reporter: but mehserle was released in secret. and is now on felony parole for five to seven years. he was convicted of involuntary manslaughter, last summer. mehserle maintains that the killing caught on cell phone video was an accident. that he meant to use his taser instead of his gun. in court, the jury attached a gun enhancement charge which could have carried a stiffer penalty but the judge threw it out and sentenced mehserle to two years which was whittled away by time serve and gee good behavior. his lawyer is appealing the conviction but there is still a civil suit from oscar grant's family. >> the evidence itself and the conviction itself can be used in a civil sui

there's a new lawsuit tied to the fatal shooting of oscar grant.o directly connected to this latest legal development. >> reporter: and four former law enforcement officers face a judge today. we have all the details in a live report from walnut creek. >>> plus this morning pleasanton's castle wood country club will hold its biggest event but it could be drowned out by the protesters locked out for more than a year. >>> good morning. westbound san mateo bridge looking pretty good so far. tell you more about the commute and the rest of the bay area drive coming up. >>> good morning to you. welcome back to the ktvu morning news. it's thursday june 23rd. i'm dave clark. >>> i'm pam cook. time now 5:30. steve paulson, is the weather going to be like it was yesterday? >>> it will be cooler pam, about the coast near the same. sonoma and marin coast clouds wiped out. south of that solid. inland sunny and breezy and temperatures continue to come down. really good sea breeze for most locations. a lot of low 80s in areas that were 100 degrees just two days a

. >>> in just days, mehserle will walk out of jail a free man after killing oscar grant. already community activists are voicing their outrage. marla tellez is live where protesters will announce demonstration plans. good morning. >> reporter: good morning, laura. this is where it all happened rksz new year's day 2009 when grant was killed by mehserle. mehserle saying he thought he grabbed his taser but fired his gun. today, the coalition for justice for oscar grant, expected to hold a press conference for a community response to mehserle's scheduled release facing 14 years in prison, he was sentenced to two years for involuntary manslaughter. he served part of it in a los angeles jail. that's all he's going to serve. just this week, the deputy d.a. informed he will be released sometime monday. the shooting sparked protest. they are preparing for more of the same. they are hoping for peaceful demonstrations. protests are expected to happen sunday in oakland and l.a. oscar grant's uncle says it's impossible not to react. >> to hear people of different communities expressin

that didn't make oscar grant's uncle very happy. he came down here hoping to see mesherle and hoping mesherle would see him. you don't want to have any discussion with him from this point on? >> no. no discussion at all but i want him to know i will be a part of the rest of his life. >> reporter: so what's next for mesherle? we've learned he's gotten a couple job offers. he wants to stay in northern california and apparently wants the opportunity to talk to the grant family although it doesn't appear they have any interest in talking to him. mesherle's attorney calls his client one of the nicest young men he's ever known and hopes the anger over this case subsides. >> he's entitled to that. i think if people want to talk about justice, justice requires that people understand what this case was and what it wasn't. and it never was a murder. it was never about malice or hatred or racism. and people need to understand that. >> reporter: safety and security was an issue this morning. it continues to be an issue as we look ahead. and it

being sued by brothers nigel and jackie bryson, michael greer, carlos reyes, fernando azenty and oscar grant's father. they were on the platform when grant was killed. bart is taking responsibility for its officers in this case. grant was killed on new year's day 2009. former bart officer johannes mehserle said he mistook his gun for a taser and it was a mistake. the daughter was awarded $1 .5 million on top of the $1 .3 million awarded to the mother yesterday. >> what would make me satisfied is that my son would be here. >> we took responsibility right after the shooting for what happened. i mean, we -- before anybody was talking settlement and lawsuits. >> reporter: still, bart says the settlement is no admission of legal fault. mehserle did time for the killing, convicted of involuntary manslaughter. he was released this month on june 13. then there was tony pirone also involved. the training officer involved, he was let go from bart. but he is still fighting to get his job back. that should happen as soon as december. the settlement talks going on in san francisco u.s. district court this

we have coverage about johannes busily including house supporters of oscar grant are preparing to protest. but first, the memorial service for a 3 month old baby that was killed by gunfire. [music] >> right now, a service is being held for the three month old baby that was shot and killed at this past sunday in east palo alto. you see him here, this is isaac jesus jimenez garcia. the suspect in this case, 17 year-old baby in-7-team year-old thabian was charged with murder. >> words cannot describe when you walk into a chapel in eupepsia casket that is half the size of you, that is the size of your arm, that is exactly what happened on an inside early this evening. i want to step out of the way because as you can see, family members and friends are out here remembering the three month ago there was killed on sunday. >> these are previously unseen pictures of three months old isaac garcia and his mother yvonne. he was shot and killed this past weekend. >> the whole family, we are all destroyed. >> for family members, it has been a week of pain and suffering, the tragic story unfolded sunday

he killed oscar grant on the bart platform.ay-rights activists say this ninth circuit court of appeals is try to determine if the sexual orientation of the federal judge is relevant in the ruling he made on the same-sex marriage case. >>pam: seven republican candidates took part in a debate in new hampshire tonight. among those bimitt romney and michelle backman, >> it is the 2.5 weeks since is thmichelle le disappeared now they are dealing with a murder case. investigators are still searching for any evidence that point them and the right direction. police of not name a prime suspect in what they believe is a homicide case. maureen kelly has new information about an arrest was made the connection. >> and kron 4 news has learned that just after a couple of days esteban, a former friend of a nursing student was placed under our west it for her kidnapping. this happened after esteban was brought to headquarters for questioning. she was later let go because there was not enough evidence to charge her. he woulpolice will not say th

, friends of oscar grant alleged to have had their civil rights violated and oscar grant's father also johannes mehserle says he mistook his taser for his gun when he shot grant in the back. yesterday, bart agreed to pay grant's mother wanda $1.3 million. his 6-year-old daughter has already been awarded $1.5 million. >> any person who loses a child, you know, unnecessary, or even at all, you feel the pain daily. >> in effect, mr. mehserle got away with it. and it has caused much emotional pain and harm not only to miss johnson and her family but in many ways, the psyche of the african-american community. >> reporter: even though it's paying money, bart says the settlement is no admission of any legal fault. mehserle already did time for the killing, convicted of involuntary manslaughter. he was released then on june 13. and the settlement negotiations with the six remaining plaintiffs are going on today in u.s. district court in san francisco. frank? >> okay. anne makovec live in oakland, anne, thank you. >>> and it was certainly cool yesterday but big changes coming in the weather? >>

manifiestó afuera del tribunal federal para pedir que se le imponga cargos federales por la muerte de oscar granta en enero de 2009. >> xhez antes temen que ocurran protestas en el pasado fueron blanco de la ira de... nos presenta algunas reacciones. >> muchas gracias maría leticia se desarrollan en relativa tranquilidad la presencia policial es la de costumbre, cuando conversamos con la gente que llega aquí a la estación, la frase común es. >> ojalá aquí no pase nada. >> pero hoy atendían al público con relativa tranquilidad. >> están a la expectativa que este día se puedan desatar protestas violentas como las desarrolladas el pasado noviembre y dejaron millonarias pérdidas debido a la muerte de oscar grant. >> agente en ese entonces. >> y este lunes por la madrugada fue dejado en libertad luego de cumplir 11 meses de cárcel en los Ángeles. >> el abogado señala que en la familia estaba preparada para recibir la noticia que el ex agente del bar sería dejado en libertad. >> no he conversado con la madre pero sabían de lo que pasaría hoy, han experimentado un largo proceso en esta injusticia y la f

officer who killed oscar grant. demonstrations -- demonstrators rather say on november 4 they were arrested without a warning to disperse. they spent the night in jail but were never charged. some protesters told the bay area news group they were held on a bus for six hours without ever being allowed to go to the restroom. >> we have more on mehserle's release at 6:15. a live report from los angeles. and you can get updates any time at nbcbayarea.com. >> this morning the battle over proposition 8 continues, this time at a san francisco district court house. at issue the sexual orientation of the judge who overturned the measure defining marriage. bob redell is live in san francisco with more. >> reporter: good morning to you. was the judge who presided over the same-sex marriage case able to be impartial even though he himself is gay? that is the issue that will be in front of the ninth circuit court later this morning here in san francisco. you might recall last august judge vaughn walker overturned prop 8 ruling t

police officer we mentioned killed oscar grant. november 4 they were arrested without a warning to disburse. they were never charged. some protesters told the news group they were held on a bus for six hours without being allowed to go to the restroom. >> richmond police are searching for three suspects wanted in the beating death during a home invasion robbery. that took place after midnight last thursday near costa avenue in richmond. three men broke into a home and beat a man on the head. the victim died the following day. investigators say it wasn't a random attack and greenwood knew at least one of the attackers. police have issued arrest warrants but not released details on those suspects. >> the subject of gay marriage is back in a courtroom in san francisco. at issue is a ban on same-sex marriage and the sexual orientation of the judge who overturned it. today in the bay's bob redell joins us with an update. >> reporter: good morning. the issue facing the ninth circuit court later this morning here in san francisco is wheth

meanwhile the five individuals named in the story just now, they along with oscar grant's father whonow incarcerated are all heading to settlement conference tables tomorrow with bart. ken. >> robert lyles in oakland. thank you. >>> state lawmakers have just approved a budge deal that none of them seem to like. a new vote began just after 9:15 tonight on an $86 billion package. it passed about 15 minutes ago. democrats are not getting the tax renewals they wanted. instead the state is making up for the deficit with spending coteds, projected revenues and increased fees. at the same time, republicans are leery about what is exactly in the budget. they accused of keeping them out of the process. >> we have staff going through the bills that have been released to us. so physical to do anything other than stand there and look meaningless and irrelevant. that's the whole point of majority vote budget. they don't need us so they aren't consulting us. >> as a whole they were immovable. they were holding just one line and one message. and that was around the issue of taxes. there are so many

now we wanted to show you this morning across the street there's a building with posters with oscar grant's to those passing by they sympathize with grant's supporters and family. and they trust protesters enough to keep their windows free of any boards this morning. reporting live from oakland, jade hernandez, ktvu channel 2 news. >>> all right. stay with us here at ktvu channel 2 all morning long for complete coverage of mesherle's release and any reaction. you can also get updates on our channel 2 website ktvu.com. just click on the mesherle tab near the top of the page. >>> time now 6:35. today the next legal battle over the state's same sex marriage ban will begin. judge vaughan walker ruled proposition 8 was unconstitutional last august. however the sponsors of prop 8 want that decision thrown out. they're going to argue before an appeals court that because judge walker was in a long-term same sex relationship he had conflict of interest in the case. judge walker has since retired from the bench. >>> governor brown says there will be a budget vote on wednesday. that's the constitution

the demonstration began at the bart station, the same place where oscar grant was shot and killed two and a half years ago. hundreds showed up including grant's friends and family and his seven-year-old daughter, tatiana. >> a crime was committed, but it wasn't paid for. this needs to stop, and the only way it will stop is if we all stand together. >> grant was shot and killed new year's day by mehserle who said he mistook his gun for a taser. he was convicted of involuntary manslaughter and sentenced two years. but for time served and credit for good behavior he will be released tomorrow after serving less than a year in prison. >> this man is coming home and his friends and family have to go to oscar grant's grave gravesite. >> the frustration carried on to the street where demonstrators marched to city hall. for the most part, the three-mile march was peaceful except a brief confrontation with police. demonstrators became angry when they arrested two men, one suspected it of spray painting along the route. then the demonstrators reached their destination. a few business owners boar

the payout that may still be coming from the death of oscar grant. >> baby oh baby your first class days over. the airline giving babies the boot. >>> bay area hit with a summer soaker. how this storm made history. good evening, i'm ken. >> and i'm dana king. there is no price for a broken heart, but she wanted bart to pay handsomely for the death of her son. >> in exchange for a seven figure settlement. robert lyles with the settlement details and why another legal fight continues against bart. robert. >> oscar grant's life ended at the bart platform just above me at the end of johannes mehserle's gun. less than one year behind bars, oscar's mother and daughter wanted bart to pay to the tune of $50 million. in the end tonight, she settled for much less. as you're about to see, six other men are refusing to toss their cases against bart. >> no amount of money can replace oscar. if i got $1 or $100 million, it wouldn't bring oscar back. >> the $1.3 million settlement with bart today for the new year's day 2009 death of her son brings no closure and no satisfaction. >> what would bring sat

we spoke with the family about their financial restitution. >> reporter: the family of oscar grant settled for $1.3 million in the lawsuit they file against bart. grant's now 7-year-old daughter settled for $1.5 million a year ago. they spoke to the media about their decision not to move forward with this lawsuit. >> that civil case, oscar grant was wrongfully killed. >> reporter: grant was unarmed when she was shot and killed. former police officer was found guilty for the crime and served one year in prison. grant's mother says no amount of money will bring her son back. >> if i got a dollar or $100 million, it still wouldn't bring oscar back. my heart still grieves for my son. there's just not enough words to describe how my heart feels broken for the loss of my son when it was not necessary. they say time heals all wounds, but you still feel the pain daily. you still think about your child. you long for your child to be there with you, and yet he's not here. >> grant's uncle says they're only accepting the settlement to hold bart accountable. the settlement was not in the equation. it

mehserle shot passenger oscar grant and said that he had meant to use his taser. the whole thing still divisive and upsetting to many here in oakland. >> worse case scenario, and i'm saying worse case that it was an accident. even then two years, get real. come on. he killed a man. he took a man's life. >> reporter: exactly where mehserle is at this hour is unclear. his attorney has not said. he may be free but the story is not over. a federal civil suit and appeal of mehserle's conviction are still active in the courts. reporting live in oakland, christie smith, "today in the east bay." >> thank you. we'll learn more about that lawsuit filed against the oakland police department. the national lawyers guild filed suit on behalf of 150 demonstrators who were arrested after mehserle was sentenced. the demonstrators say on november 4th, they were arrested without warning, never told to disperse. they spent the night in jail but were never charged. some protesters told the news group they were on a bus for six hours without ever being allowed to go to the restroom. po

a new lawsuit tied to the fatal shooting of oscar grant. an oakland fire department employee says colleagues failed to provide proper medical treatment to grant after he was shot on the bart platform. lawsuit also claims his superiors engaged in racism. the oakland fire department says he was not even at the scene of the shooting and the lawsuit has no merit. ktvu's claudine wong has been covering this case from the beginning. she's going to join us in just a bit with exclusive video of paramedics treating grant right after the shooting. >>> the man who predicted the world would end on may 21st is going off the air. harold camping owns the oakland based christian radio station family radio. but at the end of the month the station will replace his weekday segment with new programming. the station says on june 9th he suffered a stroke and for health reasons will not be able to continue his show. >>> it's arraignment day in the east bay police corruption scandal. four former law enforcement officers will face dozens of felony charges when they

supporters of oscar grant are promising a large protest.then monday they will rally in los angeles where mr. lee has been serving time in jail. here are the top story details and reaction from protest organizers. >> the zero plan a rally will begin sunday at 3:00 p.m. here at the bart station where oscar grant was shot and killed. the rally will be brief, then those participating will march to city hall and hold a demonstration of 14th and broadway. organizers say that they're doing this for several reasons. >> one, the community needs an opportunity to speak out and say how fills, second we need to raise the awareness of police terrorists in our community and third we need to tell the powers that be that this is the beginning of a movement not the end of every time you execute one of us in cold blood, we will speak out until we change the system that has been terrorizing our neighborhood. >> and the past, the protests have been peaceful in the beginning and then turn filing with much destruction vandalism. organizers say they cannot condon

oscar grant's killer will be released from l.a. county jail monday. he was convicted of manslaughter and sentenced to two years for killing and shooting grant on the platform new year's day, 2009. the family is stunned he is getting out of jail seven months after the sentencing. >> it was staged, planned, acted out. it's brought this type of conclusion. this is where we at right now, a state of disappointment. >> that was the uncle there speaking. oscar grant was not armed when he was shot. the killer insists he was reaching for a taser and accidentally fired his gun. >>> oakland police show video they want you to see. a man who just convicted sexual assault. >> would you please leave? how did you get in here? >> the victim took this video as he left her home. he broke in tuesday morning, sexually assaulted her, then stole electronics. she is hurt, but expected to recover. the man is probably not linked to other sexual assaults in the area. >>> the state is threatening to take away licenses from four day care centers on east bay school campuses includi

it isn't over yet. >> we have always stated what we want in this and that was justice for oscar grant. we're very clear an adamant about the fact that this is not over. it's just starting. >> reporter: in oakland, anne makovec, cbs 5. >> grant's uncle also says supporters of his nephew will hold protests in oakland and in los angeles this weekend before mehserle' release. >>> did a love triangle lead to murder? hayward police say that a missing nursing student was killed by someone she knew. christin ayers in hayward, where michelle le's family is about to hold a vigil tonight. >>> reporter: the vigil here at mount eden park will be the first since the family learned that police have now classified this a homicide investigation. since then, bizarre details have emerged about a possible love triangle and the strange behavior of one person of interest. throughout it all, michelle le's family is staying focused on one thing, finding her. >>> reporter: this was the first vigil for michelle le one week after she disappeared. tonight's vigil will be smaller, more intimate and clouded by the

. >>> and the oscar grant case is touching a nerve again. how oakland is preparing for new protests. >> complete bay area news coverage starts right now. this is ktvu, channel 2 news at 6:00. >> good evening everyone. i'm heather holmes. >> and i'm ken prithett in for ken wayne. it may be the beginning of the end for that congressman weaner. pressure is mounting for him to resign. he will seek help for admitting to sending k rated pictures for women on line. nancy pal and -- nancy pilosi is asking for him to step down. >> i made some pretty mysterious mistaking and i am trying to redeem myself and get back to normal and serve the people of michael congress. >> he made contact with a minor, a 17-year-old girl through twitter. but wiener and the police say the twits were in no way inappropriate. >>> the police are investigating yet another homicide. we have learned the identity. hector garcia was a san jose resident. as ktvu's all was -- alli rasmussen tells us. >> reporter: police woke up to find police tape along the street. >> we went for a

>>> right now on nbc bay area news at 11:00, the bart police officer who shot and killed oscar grant two years ago on a bart platform is set to be released from jail hours from now. tonight hundreds of people gathered to protest. >>> and the family of missing hayward student michelle le stepped up their search efforts today. we'll show you how it pulling a community together. >>> and three months later, a look at japan's reactors, and what is being done to stop the spread of radiation. nbc bay area news at 11:00 starts right now. >> good evening. i'm diane dwyer. in less than an hour, johannes mehserle could walk out of the los angeles county jail a free man. he is the former bart officer viced of shooting and killing a man on a bart platform two years ago. it's expected jail officials will release him some time between midnight and very early tomorrow morning. tonight in oakland, hundreds of people protested. nbc bay area's monte francis is in downtown oakland with that story for us. monte? >> reporter: diane, good evening. business owners had feared that there would be violence and

oscar grant and johannes mehserle back in the news. they are filing suit. they claim that police wrongfully arrested and detained the protesters last november. police did not have probable cause and violated the city's own management control policy. >> it is not let's get the police, this is a source lawsuit with 150 people unlawfully arrested. there might have been other people arrested. they were encircled in a group and protesting and walking peacefully. >> live in oakland, that lawsuit is asking for injunctive and financial compensation . we called the oakland police department and asked for a comment. they referred us to the city attorney's office. it may be weeks before they can comment on it. >> legendary 49ers joy montana cancelled an appearance before the city council because he was hurt in a accident. he was supposed to be there tomorrow to discuss a development agreement. he wants to build a hotel and sports bar across from the stadium. joe suffered nonlife threatening injuries in a weekend car accident. details are not known. but montana will ap

johannes mehserle wants to reach out to oscar grant's family. >> no discussion at all. i want him to know i will be a part of his life the rest of his life. >> he was notified of the release by a automated phone call. johannes mehserle's attorney says his released happen the way it did because of protesters. >> two hundred gathered in response to johannes mehserle's release. they marched to the courthouse where they called on justice to investigate the shooting. >>> a lawsuit filed today on behalf of the people arrested following a protest follow johannes mehserle's rest last november. the suit claims they violated the rights of the people arrested. police ordered the crowd to break up, when they refused they were arrested. an attorney says the crowd wasn't given the opportunity to leave. our coverage of johannes mehserle's release continues on www.ktvu.com. you will find more information about the shooting of oscar grant and what is next for johannes mehserle. the criminal trial of the man accused of killing two people at san francisco fisherman's wharf was put on hold

bart settled with oscar grant's family. this weekend the mother received $1.3 million and the child received $1.5 million. >>> a tense situation on the bridge yesterday. a man stopped his car on the bridge and jumped into the bay. this was the scene at 5:00. firefighter rescuers were called in. they were able to reach the man who become stuck in the mud. the man was taken away in an ambulance. >>> crews in san francisco are done cleaning up an oil spill. a 30-foot long slick at bryant street tonight. the spill forced the road closure for an hour. >>> police have a wanted man in custody after a shooting this morning. when police approached him he opened fire on them. they returned fire hitting him. he tried to take off in his car but crashed. kron 4's dan kerman tells us who the man is. >>> the suspect lived at the san francisco apartment building where his mother was the apartment manager till earlier this month. they left after the suspect punched this hole in the wall. residents say the suspect was also arrested several t