is a tragedy >> a bicyclist did not stop and said that he yelled as he came down the hill before hitting her. he could possibly be charged with manslaughter. now her family has gathered to celebrate her life >> 15 m.p.h., sometimes at neighbors say. the bicyclist was hospitalized complaining of neck injuries but they say he will be ok. >> concord police are recommending vehicular manslaughter charges against a teenager who ran into a family on their bikes. they say that 17 year-old david rosen was speeding when he ran over a father and his two daughters. the 41 year-old father died at the scene and in nine year-old daughter died later at a hospital. the other daughter survived >> the joke was on them after a legendary prank but some of those suspended seniors at brentwood heritage high school will get a second chance. today was supposed to be the last day of school. some of the pranksters will be in class tomorrow. >> they will all be here, all of them who had been suspended. some of them will be taking their finals and others will take them tomorrow but there are many more who will not get that chance. we have learned that it will all be up to their teachers. more than 50 students have been suspended over a senior prank. some students admitted to dipping their feet in washable paint and tracking all over the school. others admitted tying a lamb to a poll on campus. officials responded by suspending them and denying them their rights to graduate. now it appears the school is at least partially backtracking after the parents of at least one dozen students took legal action. teachers are now being given the power to allow what ever students to choose to take the finals. >> it is ridiculous, you have one kid who dips his foot in pain and another kid who does it right next to am and one kid takes its final then the other one doesn't. how does that make any sense? >> the students and their parents will be back before a judge thursday and that judge is expected to make a ruling about whether it was wrong to suspend them in the first place. depending on the outcome a could mean more students are being able to take their finals. i spoke to a parent whose son admitted that he tied up the animal on campus. she says she has no hope which he will walk on saturday >> in man shot by oakland police after he allegedly pulled a gun is expected to live. police tried to pull over a car at 100 fifth avenue and east st. because they believe the men inside had a gun. they say they shot the driver after he scuffled with them. east of what the police found a man shot to death in a driveway just after midnight last night. they were alerted to the gunfire by shop spotter technology. this is the third homicide in east palo alto this year. the change of lawyers for the man accused of killing sierra lamar. a public defender had been representing antolin garcia- torres but he asked to be removed from the cases citing a conflict of interest. antolin garcia-torres will get a new lawyer but that will delay his hearing by at least one month. >> normally when a thief shows up at a bank he is there to rob it but at one bank of america in berkeley the security guard was the target. police say two armed men showed up at the branch just before 1:00, hit the guard over the head and stole his gun. he may have gone into a light blue pickup truck >> major developments in the brian stowe beating case. for the first time, a witness identifies who she says took part in the brutal beating last year. dave lopez shows us who the witness pointed out >> pc that individual? >> yes a >> can you tell where that person is seated? >> on day five of the hearing, a witness positively aideed luis sanchez as the man she saw at dodger stadium viciously assaulted brian stowe. >> the third person from the left >> a witness who we cannot show you by court order had a nervous laugh as she pointed to sanchez. there was a brief moment where she didn't even want to look it him but she clearly identified them and then she was asked about the second suspect that night. >> d.c. the suspect? >> yes >> can you also identify that person? >> yes, the first person sitting at the far left >> the judge made it clear that she pointed to marvin norwood as the second suspect. also in court was a screen of a photo of a live line up that she attended shortly after the suspects were arrested. it was put on the record that that day she picked out suspect number four, sanchez, as the man who she saw assault and kicked brian stowe. next on the stand was the sister of suspect luis sanchez, the onetime girlfriend of suspect nor morgan norwood. she was driving away the night of the beating and she has been given immunity in exchange for testimony. >> still ahead, the strange case of a man accused of trying to sell bear cubs at a gas station. why he could be in a lot of trouble. for people in need of kidneys with friends and family willing to help but with none of them an ideal match for their loved ones. they turned to a sophisticated computer program and the result was a four way transplant >> mobile 5 is live at the bay area amusement park where crews have put finishing touches on,,, >> a nevada county man is being investigated for trying to sell a pair of bear cubs at a gas station. he says he was just trying to find a good home for them but as checkey beckford tells us, investigators have their doubts >> when the cubs are this mall they are prone to creditors >> and these cubs, their profit greatest predator may have been human beings. they're now at a rehabilitation center but fish and game says that witnesses tip them off to a man trying to sell them at a gas station after he shot and killed their mother >> he said these clubs will be safe >> but gave perkins says the man would not sell the cubs to him or anyone else >> when we wanted to do the right things, he was asking if he should call the wildlife people >> the community is now rolling behind this man they call cat man >> their teeth are small, they're still obviously suckling because they have swelling on the lips. they need a mother and they will die if they are out there. i want to let them die >> chris claims that he shot the cubs mother when she tried to charge him on his property a few days ago. he claims he called fish and game and claims they told him to either shoot the cubs or leave them alone. >> i'm looking for a home for them who can do it for the way they conduct need to it be done so they can go back to the wild >> fish and game says they have no call on record and say they would not have told him to shoot the cubs. >> when we hear people are trafficking in bear parts by have never heard of a person trying to sell actual bears >> fish and game says possessing bear parts or in this case, having actual bears could land a man in jail on felony charges. >> a former high-school football star who spent five years in prison for rape that never happened got his second chance today. he worked out for the seattle seahawks and apparently he impressed head coach pete carroll. banks has been invited back to the minicamp next week for another tryout >> it was great. i had jitters in the beginning and i wanted to put my best foot forward and impress the coaches. i feel like i did a good job >> he was heavily recruited in high school but never got to play in college after he was convicted of rape. that conviction was overturned two weeks ago when the woman admitted she made up the story >> a massive lawsuit accuses the nfl of hiding information linking head injuries to permanent brain damage. today lawyers for former nfl players filed a league single lawsuit with 80 lawsuits that involve thousands of retired players. they want to hold the lead responsible for x players suffering from dementia and other neurological conditions >> mitt romney how does the president when it comes to fund raising. how he was able to bring in so much cash. >> their college has suddenly closed. what students at a for-profit school are learning about their rights >> we have a 22 degree temperatures band and now, the dave will feel like summertime >> president obama is considered one of the most prolific fundraisers ever. he hauled in a record three- quarters of a billion dollars in 2008 and he is not having any trouble this time either but last month something odd happened, mitt romney actually got more cash than the president. >> it was surprising to see that headline in the washington post, could this be? according to the campaigns, it is. mitt romney brought in $70.6 million in may. the president raised $60 million. does this mean anything? >> it has been a remarkable journey >> yesterday it was texas, today is st. louis and it has been a good few weeks for mitt romney as he steals up the republican nomination. >> it is a very good sign for him that what it shows is people are no longer sitting on their hands. they feel he has a good shot to beat obama and they will contribute and do everything they can to make sure that happens >> he believes republicans are lining up behind mitt romney after a lengthy primary season and they have their wallets ready. he is way behind in overall fund-raising, he has less than half of what the president has raised. by bringing in nearly $77 million in may, it looks like mitt romney is gaining ground >> essentially by october i think there will not be a huge gap between the two candidates in terms of fund-raising but romney is catching up now >> he believes that you have a similar budget by the time fall runs around. so if money does not separate them, what will? most believe it will be the economy, a subject that both candidates hit hard on the trail >> when you look around at america's economy 3.5 years into the presidency, it is painfully obvious that this inexperienced president with no experience as a leader who was simply not up to the task of solving a great economic crisis. >> our job is not only to get people back to work, it is to build the economy were hard work pays off. >> it is also still relatively early in the campaign season. there are a lot of unknown factors and he says it will come down to how the candidates and all those factors and he says that is something no strategists can plan for. >> one of the nation's largest for-profit colleges is closing a campus in the bay area. it is throwing a wrench into some students plans to get a degree. >> it has been part of the san francisco landscape for years but not much longer. the university of phoenix is closing its campus >> i was told when i came here that i would stay here all four years >> she says that she and her classmates are already juggling classism jobs and now they're scrambling to figure out what to do next >> some of them are upset or trying to find different schools and some of them will drop out >> it is a major setback >> debbie cochrane says that students at most for-profit schools like phoenix have few protections when the campus closes. in some cases where the entire school closes down, not only one location, students with federal loans can apply to have their loans forgiven. >> any loans they would have incurred, they will not need to repay >> that does not apply to students at the university of phoenix because it has multiple campuses. the school would not tell us why they're closing the campus but it sent a statement. students can continue to take courses that other bay area locations or on line. who say their education has been interrupted >> i have to find a way because there is no other way >> a federal law that was supposed to go into effect last year would require a for-profit schools to but for-profit schools have file extensions into years awhile that law should go into effect in july, >> speller air quality across the bay area today and you can thank the wind for that. good evening. let's have outdoors to the live camera taking a bird's-eye view of the city by the bay. look at the clarity. unlimited visibility and right now with the breezy conditions it is 61 degrees. 21 m.p.h. sustained wind. as the sun sets we're noticing the clouds building up that the coast. the extended forecast calls for a warm-up. right now, other notable members from the '50s that the beaches but the wind has been a factor. right now we are experiencing wind gusts at mount diablo 13-18 m.p.h.. 30 m.p.h. at the oakland airport. we noticed the buildup of the clouds along the coast and especially along the san mateo coast by tomorrow morning's commute. a cold front will move out the clouds and we will have clear skies during the afternoon hours but it will turn gusty again with the passage of a cold front that will bring a cooler air mass. we warm up again just in time for the weekend. that will be just in time for the art and wine musical festival. tonight with the clouds building becoming mostly cloudy into the 40's and '50's, 52 degrees in san jose. it looks like the air quality with the wind will be on the good side. the pollen will also be pretty good. that will increase with the dry air mass this weekend. 72 degrees from willow glen to san jose. east and numbers up to 78 but as you appear to the north, there you have a warmer conditions in sonoma with fifties at the beaches. a big warmup on saturday. the offshore flow kicks in on sunday and that allows summertime weather conditions. >> mobile 5 is live tonight at six flags discovery kingdom in vallejo. we're getting an up close look at the final construction stages. it will be called superman ultimate flight. today, crews lifted it into place. at 15 stories high and it will have the tallest in version west of the mississippi. >> there is nothing like in the world, this is the only place you can ride one like this >> people will cruise at speeds of 62 m.p.h.. the park is planning to officially open that >> what happens when you are willing to donate a kidney to a loved one but you are not a match? >> a computer program is helping to pair up willing donors with people in need even across state lines. >> in a crowded room, secrets would soon be revealed. >> the genesis for this for way appearing came about three or four months ago >> they came in pairs, two from california and to from nevada. four of them in need of kidneys and two of them willing to donate them >> i was told i had super kidneys. >> it is important to say is anchored by one pair, a donor and recipient or compatible with each other and were willing to come forward and be involved in aid donation mainly to help other people >> monterey was a match for his wife but the computer program found an even better match which opened up possibilities for other people >> item even think i gave it a thought, it was just yes. anything that could move this process forward to getting her a new kidney, that was my bottom line and we could help other people? fantastic >> it lead to a four way swap. the biggest surprise was to leave learned his donor was a friend of 70 years. over 90,000 people are waiting for a kidney transplant, 16,000 in california alone. a donation like this could help take years off the waiting line. it was only three weeks ago >> they all just had their first clinic visit today and everyone is doing quite well. >> for these two is not only new kidney, is a whole new lease on life >> i'm so proud of him i cannot even begin to tell you. >> to the moon and back, as they say >> with a touch of a button these matches are made using a complicated computer program. it was developed by a bay ,,,,,, must be nice, cheering on team usa from the shallow end. back in '08, we didn't have these u-verse wireless receivers that let you move the tv around wherever. no siree, bob. who's bob? and if you didn't have a tv outlet, well then you couldn't watch diddly-squat. you talk a lot. you have no idea how good you have it. that's not working. [ grunts ] [ male announcer ] get a wireless receiver in time for the olympic games. get u-verse tv for $25 a month with free hd for six months. rethink possible. >> here's what we're working on for eyewitness news at 6:00. it claims to stop terrorists before they strike. how? by judging behavior that it lacks as suspicious. the next time