charges tonight, accused of hurting a high school student. the school district sent home a letter to parents saying what happened quote a disturbed incident. the staff member acted in a quote appalling manner and his behavior was, quote, completely unacceptable. here's more on what exactly he's accused of doing and what led up to it. >> reporter: oakland high school, home of the wildcats. >> what happened to francisco martinez was a crime. >> reporter: last night at the oakland school district board meeting, people rallied behind the stool -- >> there's no way that a white student in his wheelchair would have been thrown out of his chair on to the ground, dragged -- >> we at the district apologize to the family of the victim. >> reporter: the spokesman says it was may 19th when two officers who were trying to get students running late into class. after failed attempts, one officer grabbed the handle of his wheelchair and began to push him toward class. he began to slap the officer's hands and the officer responded by putting him in handcuffs and much more. >> he responded in an extremely emotional and unacceptable manner, basically snapping and punching the student several times, throwing him out of the wheelchair, dumping him out of the wheelchair. >> mitchell who was was immediately fired and arrested by police. the district attorney's office charged mitchell with corporal injury to a child or child abuse. the district says it will reevaluate officer training. >> the officer about had just been through a training in april. >> reporter: the school district says that it did run a background check on mitchell at the time he was hired. it showed he had never been arrested or charged with a crime. his next court appearance in connection with this case is set for june 16th. in oakland, ktbu channel 2 news. >> you can read the entire letter to the parents of the school sent home by the school district. we posted the letter on ktbu.com. look under hot topics. opening arguments began today in the case against the dodgers and the team's former owner. the giant's fan -- on opening day three years ago. he attended jury selection yesterday. he said he couldn't handle being there today. the case against the dodgers centers on whether there was enough security. >> two people in security that were supposed to be in the place where this happened didn't get there. they showed up 40 minutes after. >> the lawyer for the former owner says there was enough security and says that the injuries were the two fault of the men convicted in the beating. he's seeking millions of dollars for his lifetime care. nobody was hurt by an accident in san mateo county did cause traffic troubles. take a look at these pictures. the box truck was heading north on interstate 280 when it hit a guardrail and flipped over on its side. this after 5 p.m. the cab wound up hanging over the connector from eastbound highway 92 to northbound 280. you see it there. that connector is closed while crews clear the truck. it's expected to reopen by 8:00. a fire was burning right alongside highway 280 near the 7th street exit near downtown. here was it looked like. firefighters worked quickly to knock down flames and traffic should be getting back to normal. no word though on how it started. >> new details on the sale of the los angeles clippers. the wife of the current owner has accept and $2 billion bid for the team. former microsoft chief executive ballmer is a winner. it says the new record price for an nba team. donald sterling has to sign off on any deal and it has to be approved by 29 other owners. >> since the first time since the tragedy, we're hearing from the families. the parent of elliot roger issued this statement, which reads in part, quote, we are crying in main for the victims and their families. the feeling of knowing that it was our son's actions that caused the tragedy can only be described as hell on earth. tonight the san jose community will join together to remember one of the victims, 19-year-old was stabbed to death along with two other bay area students. he was studying engineering at uc sanity at that barbara. friends remember a smile and studious nature. the vigil begins at 8:30 tonight. his parents plan to attend. two officers resigned in the forts today and they won't the last to do so. they are upset with the revamped disability policy for new officers. if an officer can't go back to their department, they'll be asked to take any other job within the city. they can only qualify tore disability if an independent medical board determines they can't work at all. >> if i was to be injured on the job, i would not be guaranteed a disability retirement where i would be able to support my family. the four officers have taken positions with the santa clara county district attorney's office. the mayor says they're trying to prevent abuses of the system like they've seen in the past. the police officer's association says it expects more resignations in coming weeks. the police department is often under fire. but tonight officers are being thanked by one community for the cases they've solved. paul chambers live there now as that neighborhood is really showing their appreciation, paul. >> reporter: it's true. they things wrapped up here about an hour ago. people came out to thank officers who made an 80 percent arrest rate in homicide cases. saying thank you to those would protect and serve. a cookout for oakland police officers, because investigators in area three have made arrests in numerous homicide cases, including this woman's brother. >> i was with my brother probably twenty years before he was killed. >> reporter: she's here to thank the police officers -- >> my brother is a victim and i'm a victim because it happened. and he does have family. and if you're willing to speak to the police and let them know what they need to know, they're willing to help you. >> reporter: in all, there have been five killings within a mile-and-a-half of bell la vista park this year. back in january, bran ton clemons was shot and killed walking home from a friend's house. one month later in a few blocks away, 24-year-old woman was shot and killed on 14th avenue two blocks from highland hospital where he was born. last month police arrested a man who said was responsible for the shooting death of both men. 24-year-old kimberly robertson was found beaten to death. later that month, oakland police arrestd this man and charge behind with robinson's murder. although the officers made the arrests, they can't do it alone. >> almost everything is solved by the community. they know what is going on in the neighbors, what is not supposed number in their neighbors. when they come forward, we can solve a lot of the crimes. >> reporter: tonight was saying thank you to the officers. it was a way for the officers to interact with the community on a positive note. a class action lawsuit was filed today on behalf of students in low performing schools in the los angeles area and the bay area. the suit claims our state has failed to educate those students by denying them valuable learning time. students and an attorney gathered outside this high school in oakland. it is one of the schools in the lawsuit. they say their students receive far less learning time. because of lock downs and service courses requiring students to do office work. >> all of these challenges, contribute to a very challenging teaching environment to these teach issues. that means they experience disproportionate high teacher turnover and a lot of substitute teachers. other schools are included in the lawsuit? a.unimagine filth with rats crawling everywhere. a woman breeding the pests right in her own apartment of. we talked with animal control why it's a case that won't go away. >> reporter: filth and hundreds of rats in a san francisco apartment. >> it was shocking. it was disturbing on a number of levels. >> reporter: animal control officials say a resident, a 43- year-old woman known as erika jay bread millions of rats in this room. >> i believe there -- mental health that needs to be addressed and it seems to be unresolved. >> reporter: san francisco's public health department says it ended up exterminating thousands of rats in this room and neighboring areas. they say in the last three years, her social worker, land lords and members of the public have reported her for breeding the rodents. >> the rats have actually burr roved into other people's rooms. they can carry disease and carry parasites. >> reporter: animal control says at one point, the woman lived under this bridge feeding rats that bureaud tunnels into the ground. the latest incident may 8th. they say the woman was living with at least eight rats in this park. >> we understand that she has housing in the city. and i can only imagine that this situation is probably going to continue wherever she lives until she gets the help that she needs. >> reporter: animal care and control says it has been able to adopt out of the domesticated rats. sick and federal ones have been euthanasized or ex terminated. a neighborhood held hostage. >> under seen. you can't -- definitely not enjoyable living here right now. >> the bad dreams lives at this house. >> my little buddy. >> a must see update. a child born to a woman in a coma and we're there as he goes home with dad for the very first time. changes for the bay area weekend. i'll let you know when they occur and how much different the temperature will be. female narrator: sleep train challenged its manufacturers sleep train challenged its manufacturers to offer even lower prices. but the mattress price wars ends sunday. now it's posturepedic versus beautyrest with big savings of up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years' interest-free financing, plus free same-day delivery, setup, and removal of your old set. when brands compete, you save. mattress price wars ends sunday at sleep train. ♪ your ticket to a better night's sleep ♪ scary moments after a storm chaser was struck by lightning. he was hit in the arm by a bottom of lightning on tuesday but is okay. you see the marks left on the ground from that lightning strike. shepherd says the lightning disabled his vehicle and a passing car. we have an update now to a touching story from san francisco. a baby born to a woman in a coma is now out of the hospital. >> he's just a joy to be with. i love him to death. just my little man, my little buddy. >> brian lande is a san francisco sheriff's deputy deputy. his wife suffereda seizure following treatment for a brain tumor. she never fully regained consciousness. she delivered the babies via c section a week ago. >> people needing that kind of attention and care and love, but i am very, very happy to be the guy that gets to give them that love. they both deserve it. >> he's taking him to visit his mom as often as possible and taking videos and pictures when she wakes up. her condition is improving. she'll be moved to an acute care facility on monday. a town hall meeting is underway tonight trying to get a hospital open. the financially strapped hospital is set to close on july 25th. homes for a potential lifeline were dashed when voters turned down a tax mesh back in may. the california nurse's association sent out a flyer to communities beyond the borders inviting people to tonight's town hall meeting to discuss ways to cheap that hospital open. the city of san francisco offered george lucus for a a new site for his hollywood meme beal i can't. we're told when the mayor realized that the initial proposed site wasn't going to work, he put together a team to look at every property they could find to potentially house lucus' museum. city leaders say they don't know when they'll receive a response. this week they say they'll stop tracking customers via wifi due to property concerns. they learn that there was prices in the store that sent store data about how long held they would visit and how long they would stay. the data was anonymous and there were stickers in the windows alerting customers about the devices. customers though did not specifically consent to be tracked. >> i'm glad that they're not using it at this point because i would want to know a little bit more about it. if they are going to use something like that, i think it would be more prominent than probably just a sticker on the door. >> reporter: the san francisco chain has 14 bay area stores. neighbors say they repeatedly called police but no action has been taken. a man living in a home illegally has been intimidating them. we went to the neighborhood today to see what is making everyone so upset. >> reporter: it's a quiet neighborhood of well maintained homes in brentwood. >> it's a fantastic neighborhood. >> reporter: but many residents say nights a nightmare. >> it's under seen. definitely not enjoyable. >> reporter: their bad dream lives at this house. >> people avoid the house. >> reporter: have you a kid. >> yes. >> reporter: are they allowed outside? >> no. >> reporter: why not? >> we feel they could be in danger. >> reporter: residents who want their identity hidden -- say the man is a bully. they say two -- both targeting residents with young children. >> she walks to the back of her vehicle like he's on the cellphone just to like to say i'm there, look at me. she got scared. she drove off. >> guy puts his hands up in the air walking down the street -- walking down -- excuse me -- his driveway looking like he was trying to start an altercation. >> reporter: making matters worse, a texas-based bank closed on the previous resident and no one is supposed to be living there. >> there's times that my grandkids want to walk down the street. and because of the gentleman down there, i don't know what is going to happen. so we always walk to the other end to the park. >> reporter: and here it is that justice gentleman. i asked him about the incidents. >> no problems here at this address. never have. never will. >> reporter: the bank says it's trying to get the man out. brentwood police told me if there is actual intimidation taking place and the quality of life is surfing, they will take action. residents tell me the police have done nothing beyond take their reports. in brentwood, ktbu channel 2 news. fire crews are gain '0en the fire burning. california fire says it's gotten more accurate mapping done and lowered the area to 677 acres. two unoccupied homes along with one out building. no estimate yet on when it will be under control. our chief meteorologist is here to talk to us about the weather we're having and how it is putting a hold on fire concerns. >> it's going to get better in terms of the fire because it's going to cool off around here. more moisture, lower temperatures and a little bit of wind. today was actually warm ner some places. but heading towards tomorrow, expect that fog to return to the coast. and the return of the fog is as you know enough to cool things off pretty rapidly. the highs we saw today, mostly in the 60's, 70's and low 80's, will be dropped into the 70's tomorrow. fog should return after midnight tonight. current temperatures show upper 70's inland. tomorrow night this time, the upper 70's are going to be upper 60's. we'll drop a good five to ten degrees tomorrow. the forecast for fog tomorrow morning, shows up at the coast after midnight and then it really pushes inland into tomorrow. kind of push in and pull back. that push of fog in the morning hours, we haven't seen that in a while. with that, temperature wills start to trend down. san jose, currently 74. san francisco 71. forecast high certainly cooler than it has been. not in the 70's any more. but 66 degrees for a daytime high for downtown san francisco. the forecast tomorrow, 82 in clear lake. these temperatures cooler than they were today. you'll still find your 80's, but eastern edge of the valley, north, south and eastern edges, around the bay regard and the coast you're going to see temperatures in in the 60's and low 70's. we're still in a good air quality pattern. higher humidities, lower temperatures. better for firefighters. the red flag warning has been dropped. more cool on saturday. coolest day of the weekend. some clouds and maybe even some drizzle in here and sunday kind of warms up a little bit. cool and mild all next week. gasia. thank you, bill. >> give 45,018 penitentiary or $450 and 18 cents. >> students began their collection at the beginning of the year. they had a goal of one million penney's. didn't quite make it there. but what they did collect, they voted to donate to the family giving tree. that many will be used to buy pencils and back packs for needy children in this year's back to school drive. a sky scraper scare more than 40 stories off the bound. but what a california family did when the deck started to crack. the latest place where people are following twitter clues and finding hidden caches. gridlock. teacher layoffs. and a 60 billion dollar budget deficit. that's what john perez faced when he became speaker of the california assembly. so he partnered with governor brown to pass three balanced budgets, on time. for the first time in thirty years. today, the deficits are gone and we've invested an additional 2 billion dollars in education. now john perez is running for controller, to keep fighting for balanced budgets. democrat john perez for controller. nothing but a glass ledge, 103 floors up and one in the world's at allest building and hearing cracking. that's exactly what happened to a stockton family when they sat down to take a picture on chicagos chicago's former sears tower. they jumped up as fast as they could when they heard the cracking. the spokesman for the tower says the glass deck didn't crack. it was a protective coating on the glass that shattered. but still. the man that started the hidden cash craze in -- a group of friends in boulder decided to do the same thing there. they hid six envelopes around town today. they're tweeting clues with the handle hidden cash co for colorado. they plan doing more such money drops and hope the idea keeps on spreading. original hidden cash benefactor said he dropped a thousand dollars today. he also said he might be giving away burning man tickets or a travel scholarship. this week he has topped 300,000 twitter followers. a new arrival getting a lot of attention at the oakland zoo. the baby was born eight days ago and introduced to the public today. her means "i am." she's getting along with the others and her two older sisters are helping take care of h her. she had a great run but a local con cess accident is out of the national spelling bee. 14-year-old is just one of twelve students in the finals in maryland. this will be her last year of competition. 8th grade is the cut off to qualify. thank you for making ktbu your choice for news. we're always here for you on the web and hope you follow us on facebook and the twitter. i'm gasia mikaelian. our coverage continues later. and a major event returning to the wine country. the changes you'll see this year on ktbu. tmz is up right here next on tv36. >> today on "tmz" -- >> we got lil kim out. we didn't exactly get lil kim out. danny said we got lil kim out and we got thousands of people responding saying, how can you make this mistake? t's not lil kim. >> lil tim was like damn, i look good! [laughter] >> brad pitt got attacked last night. he went to the "maleficent" premiere. a bunch of body guards end up ripping this guy off brad pitt. >> is this the same guy? >> it is the same guy that tried to kiss will smith. put his face in leo's crotch and bradley cooper's crotch. >> why doesn't he download grinder and go to west hollywood?