>> still unconscious, gone on his lap. >> reporter: a special prosecutor tells me he reviewed all of the police chest can footage, interviewed the officers involved in spoke to witnesses. >> reporter: it is my conclusion that the officers actions in this situation and scenario was justified. they all felt that they were in fear for their life. >> reporter: it happened at of alejo taco bell drive-through in 2019. police say willie mccoy had fallen asleep with a gun on his lap. officers used their cars to block in his car and attempted to pull him out. but the doors were locked. and the special prosecutor is a former district attorney for san bernardino county. the solano county das office hired him to look into the shooting. he says as the officers tried to come up with a new plan, he will cup. the special prosecutor says mccoy suffered from 38 gunshot wounds. >> all indicated some format that he went down and reached for the gun. in their mind, he was reaching for the gun. >> we still have never seen any footage that actually shows him reaching for a gun, you see him moving. >> reporter: melissa knowles represents the mccoy family. >> there is still, they are still reeling with a shock and discussed and you know, sort of the feeling that the justice in america is not necessarily meant for young black men. >> reporter: she says his race played a factor. >> would not have applied to a middle-aged white person in a suit, then it should not apply to him just because of the color of his skin or his age or his lifestyle. >> so the family says it is disgusted but what are their next steps? >> reporter: so their only hope is on the new state atty. gen. >> reporter: so their only hope is on the new state atty. gen. once california has a new atty. gen., they plan to go to that office and ask them to open a new investigation, as you know, the outgoing state atty. gen. declined to investigate this case. >> you can had to kpix.com to read the special prosecutor's full report, on the willie mccoy shooting. the new proposal would strip the oakland police department from handling officer misconduct complaints. the east bay time supports the oakland police commission endorsed a proposal allowing a civilian agency to take over all excessive force and misconduct investigations. the report says it would replace the police commission's community review agency in charge. to make that happen, the plan still needs approval from the city council and the federal monitor overseeing the department. now to a live look at the state capital where there is extra security in preparation for inauguration day. the fbi warning all state capitals that they should be on high alert. reporter renc the national guard is just being called in to help. >> reporter: the just made that announcement, allowing for maximum resource ahead of potential civil unrest and violence. you can see officers on capitol grounds now, we are also learning added efforts have been initiated by the sacramento police department through mutual aid to protect the rest of downtown. >> really a lot of police presence. >> reporter: she quickly noticed the increase in security on capitol grounds, officers patrolling the building. even a chp helicopter circling above. the capital fenced off, all the way around. >> i feel that it is strong, in spite of what is going on out here. >> we know the highway patrol is the lead at keeping capitol grounds safe. the national guard by the direction of the governor's office will be assisting with protection. it comes to the area outside the capital, that is headed by segment the police. who cbs13 has learned initiated a mutual aid request, calling on neighboring agencies for help. right now woodland please are using some of their manpower to his wrist in locations. where trouble could trickle down if potential writers are pushed far away from the capital. >> we asked for eight into areas, and before riot control and for building security. >> reporter: we asked the mayor if protections will be in place at other government buildings downtown. >> it is important that i don't reveal details but i can tell you that our police force will be at full capacity. >> reporter: he says the added protection is a relief. >> i think we learned our lesson from washington, dc. >> reporter: that tactical alert is for an indefinite period. the department is not going into any more detail on plans or deployments, saying it is for security and safety reasons. renc president trump's facebook page appears to be back up and running. this is how it looked at last check. the page is back up early despite facebook pledging to block president trump on its platforms, at least until the end of his term on january 20. we have calls into facebook for clarification. twitter, on the other hand, pledged to ban him for life. social media apps parlor could return to the app store but apple ceo tim cook says they need to moderate the app first. >> what about the argument that by taking this off apple, in addition to what other companies are doing, that you are just driving these people, these views, farther underground? >> we only suspended them for us, and so if they get their moderation together, they would be back on t. >> big tech companies are temporarily banning parlor, they claim the app is used to incite violence. the dating at bumble has reinstated one of its filters following the capital rights. they disabled the political views filter after women were reportedly changing their preferences to conservative to match with the rioter reporting to the fbi. the company says it reinstated until today. the plans to clean up a bay area harbor. how this bust wound up dangling from a 50 foot overpass. coming up, all new at six, the first to expose widespread fraud. now a class-action lawsuit says bank of america failed to protect thousands of californians. >> why a rescue people so concerned? i will have that story, ♪ ♪ we have the power to harness california's abundant solar and wind energy, but it's not available all day long. use less energy from 4 to 9 pm for a cleaner california. ♪ ♪ the chevy silverado trail boss. when you have a two-inch lift. when you have goodyear duratrac tires. when you have rancho shocks and an integrated dual exhaust. when you have all that, the last thing you'll need... is a road. the chevy silverado trail boss. ready to off-road, right from the factory. new details in the case against elizabeth holmes. she is now accused of destroying evidence. texas site the register reports , prosecutors do my best to the filing this week alleging she destroyed a database shortly after it had been subpoenaed. the database called laboratory information system contained three years worth of accuracy and failure rates. she claimed to have developed foolproof technology to standardize blood tests but prosecutors claim they were only about 50% accurate. pg&e will pay $190 million to clean up the marina harbor. this after settlement with san francisco. you see a lot of boats docked in the east harbor today. nearly 20 years ago the city sued them over a pollution dispute, saying the utilities former coal classification plans created chemical compounds in the soil. docs will also be replaced as part of the deal. they released a statement saying in part it is working together with city departments and regulatory agencies chopper five over the first race, this afternoon. the track has been closed since november because of a massive covid outbreak. officials say there will still be closures and only limited access to the track. for now. caught on camera, a new york city bus hanging halfway often overpass. the bus plunged off a bridge last night in the bronx area, the entire front half mashed three guard rail and then straight down onto the road below. no other vehicles were involved. seven passengers including the bus driver were hurt. it is still unclear whether the accident was caused by operator error or a mechanical malfunction. five days now until the inauguration and this week we are looking at issues that are critical to california. jeff vaughn on how president, joe biden, will handle immigration policy. >> from travel bands, and border walls, two dreamers being deported. and children in cages. >> these aren't people. these are animals. >> reporter: a hard line on immigration was a central issue that propelled donald trump to the white house. >> there bringing drugs, they are bringing crime, they are . >> reporter: the biden demonstration promises with changes to immigration laws and with control of congress, it may be possible after years of gridlock. >> i think it will be kind of the into the service when it comes to immigration. one of the first big things that president biden is going to have to do is address dreamers. >> day one, they will change the dreamers act, which is the incorporation and legal staff -- status of them people who were brought into this country, not of their own accord but by their parents. they will change their status. >> reporter: that was given to us because of the people who fought before me. >> reporter: and for the one and a half million recipients that have grown up in the u.s., the direction they say is certainly a welcome one. >> i see the light at the end of the tunnel. that light for me personally is that dream of a path to citizenship and not having to live in fear of being separated from my family. >> with got to get them out of the shadows him a we've got to have our immigration rules set and enforced but we also have to recognize that many of the people who are undocumented were not even old enough to walk when they came here. >> the next thing he would try to do is look at that next rung of people, the people who came here as adults legally but again, work here, study here, pay taxes here, have families here. will he address a path to citizenship? again, a lot of this depends on what will happen in the senate and whether or not president biden is willing to robustly use executive orders. >> he has promised to pass comprehensive immigration reform, protect dreamers, protect asylum-seekers, reform immigration, customs enforcement, reform customs and border patrol, and and the muslim band. >> he is seeing which ones he wants to rescind. it is not easy to rescind but it is not anymore difficult was and that was to establish them. >> they will change the fermentation of detention at the border, they will definitely stop the building of the border wall. so you are going to the a 180 degrees difference in the implementation of existing immigration laws. >> one of the first orders to president-elect joe biden is to stop construction on the new border fencing. president trump, you might remember, tilt 80 miles of new fencing, transferring billions of dollars in the defense of homeland security department, when congress refused to fully fund that request. that was jeff vaughn reporting. on to our weather, another look at the weekend that is upon us. >> it is and it is a holiday weekend at that was unseasonably warm, even record- setting high temperatures coinciding with what is really a good weekend for a lot of folks. dry, warm conditions continue to the weekend in the first half of next week but the peak of this warm spell is going to be sunday and monday. things to get more complicated even with the lack of rainfall there will be an upper levels from system dropping to the west coast by early next week, and the squeeze of the atmosphere, low pressure near southern california, strong high-pressure out over the pacific, is really going to accelerate the offshore wind by sunday night into monday. that is why we have a high wind watch that goes into effect sunday evening. the wind at midnight, sunday night, not that strong, the future cast just yet. let's wind the clock forward and you can see not only the numbers increasing all the colors bring out the background. we will be seeing gusty wind especially in the north bay mountains, east bay hills, the devil range, the santa cruz mountains and the windy conditions will continue.the day on monday and into monday night, some of the strongest wind will be monday night into early tuesday morning. the high wind watch expires or is set to expire 6:00 on monday. i think they will have to expand into tuesday because we will still see the strong gusts especially in the higher terrain the highest are always on top of the peaks and the ridgelines across the bay area, the wind starts to relax as we head into tuesday evening, but you can come by the strong with very low humidity and that is a dangerous combination. we are talking about relative humidity levels in the teens and 20s across most of the bay area, monday night into early tuesday morning will be that timeframe that we really have to watch elevated fire threat. this is not as bad as it was late summer and early fall just because the biofuels are not crispy like they were then but it is still definitely bears watching. maybe even a red flag warning to go along with that high wind watch in effect right now. let's take a look outside, beautiful sunset, just the last rays of light on the horizon, temperatures were very warm across the bay area. that was one of the cooler spots, the warm spots above 70 degrees, half moon bay was the warm location today, 70 degrees in santa rosa which ties a record that was set just 10 years ago in 2011 but hey, a record is a record. more of that likely especially sunday and monday. temperatures right now are still mostly in the 60s, low to mid 60s for any outdoor plans, put on something reflective and go for a walk, run, bike ride, anything that you want because temperatures are very cooperative for that and it will be mild out there to start the day on saturday, tempatures beginning in the mid to upper 40s to around 50 degrees, and we are going to warm up nicely on saturday. temperatures in san francisco making it back up to the mid- 60s, maybe a couple of degrees cooler than today, a little bit more of a marine influence comes and locally dense fog to start the day but that to dissipate quickly and temperatures will warm up to around 70 degrees once again in san jose was temptress reaching up into the low 70s in santa rosa. i think you will be one of the warm spots by saturday afternoon. concord high temperatures reaching the ball so to just above 70 degrees by mid afternoon, 50 to 20 degrees above normal for the middle of january. unusual to say the least. temperatures for the rest of the bay area right around 60 near the coast, mostly mid 60s around the bay with upper 60s and low 70s kind of jumbled together as you had farther inland was temperatures even warming up more by sunday and monday. eventually this whole weather pattern will shift, talking about that.the week, cooler than average conditions likely by the time we hit the end of next week and increasing potential for some much-needed rainfall. we are looking way down the line here, we are looking at next weekend, but already, some indications from the long-range forecast. too soon to talk about how much you might expect. just good enough news that we do have much-needed rainfall down the site. we are going to be watching the strong offshore wind monday and tuesday, very warm temperatures sunday and monday. upper 60s to around 70 by the bay, with mid 60s along the coast. coming up, we take a closer look at the fire whether potential. new at six, santa clara county ramping up vaccine rollout, what health officials are worried might slow them back down. a class-action lawsuit filed against bank of america the san francisco resident who is a leading the charge, sending hundred of thousands of other victims. we are in for a warm-up, the dangers that could be waiting for those wanting to cool down at the beach. still ahead, she was inspired by the harry potter books. now she is writing her this week, students are rising above scholar has achieved amazing academic success here in united states. now she is headed to england. michelle reports, she is one of only 32 americans the selected for the prestigious rhodes scholarship. >> every head in the hall turned to look at him. >> reporter: she grew up reading and loving the harry potter book series. the pages and were and escape for a little girl living in a sometimes very scary world. >> kids like myself, where a lot of the burdens are sort of come you know, put us on to not only gain a lot of knowledge, harry potter provided a nice refuge to imagine. and relate to harry in some form. >> reporter: it is a family's journey to the u.s., as undocumented immigrants, and their experiences here, her mom from guatemala, her father from mexico. both wanting the best for their children in a country that did not always embrace them. >> from a very young age, we are exposed with that means, immigration enforcement, family members have been in detention centers, but in orange jumpsuits or handcuffed. >> reporter: images young a long just saw firsthand when she first visited a document of family members his attention. >> we could see the sadness in their faces, and the reactions to seeing their children and their lives and the other people who had gone to visit them. >> experiences which led the now 22-year-old marin county college senior to write her own story, as part of the application process for a very special scholarship. >> i'm a first generation mexican guatemalan born in the u.s. >> i'm a first generation mexican guatemalan born in the u.s. >> it is a story that describes the young woman who was the first in her family to go to a four-year college. yell. >> it was crazy. i thought i misheard my name. >> and now england. she has been selected to be a rhodes scholar, heading to oxford his fall where she plans on graduating with not one but two masters degrees. both focused on migrant studies. the news, emotional for her parents. >> they started crying. trying to explain to them in spanish what it was, and what oxford was and i explained it to where they found harry potter. >> now the stan is excited to study in england, where her beloved characters also went to school. their stories, still meaningful to the adult she has become. >> dreaming that there can be good and that we all exist in this joyful universe, that does not have any constraint. >> while. after she graduates from oxford she plans to go to law school. she is also a talented artist. you saw some of her artwork in the story. she says it is a way for her to document the immigrant experience. to learn more about students rising above, and it's dollars, go to our website, kpix.com. now at six, her edd debit card was one of thousands hacked and drained. now one bay area woman is taking on bank of america. >> i want our voices to be heard. plus a new plan to ramp up vaccine distribution in santa clara county but will supply keep up with demand? a potentially risky combination, a warm weekend and dangerous surf. now at six, a major development for tens of thousands of californians to -- who fell victim to regard hacks. >> we were the first to report on epidemic of debit card hacks, kenny choi has been working the story for months now. he is here with word of a major lawsuit. this 67 page complaint that was served today alleges that bank of america acted negligently and failed to protect tens of thousands of edd clients from fraudulent transactions as the civil lawsuit in a class-action lawsuit was filed today. >> this lawsuit is intended to be a wake-up call for bank of america. >> reporter: since last fall hundreds of thousands of edd accounts have been locked by either bank of america or the employment development department to weed out fraudulent, on the planet claims in suspicious activity. forcing legitimate recipients to call the bank. >> as soon as i told her there is fraud on my edd card, she said, i'm sorry, i am unable to

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