shooting a bay area woman is taking her claim to the highest court in the land a case that could set a legal precedent. she claims officers violateded her under americans with disabilities act. vic, we begin with you. >> reporter: the lawsuit could be a landmark case because of the use of the americans with disabilities act as a basis for that lawsuit. now, attorney john buress represents a woman shot, initially a court found the city of san francisco was not liability but appealed that when then overturned that initial ruling. that is why this case is now before u.s. supreme court. >> in 2008, 56-year-old teresa sheehan was shot and wounded when police say she threatened them with a knife. the case went through lower courts and today, to us us supreme court with a justices heard oral arguments her attorney argued that the americans with disabilities act gives certain protections against excessive force to people with mental illnesses. >> should have been made so there was no dir break. and >> there has been a spade the shootings involving people with mental health issues. tonight, a 24-year-old was shot and killed after fleeing from police driving erratically crashing into several cars. officers say they feared for their safety, and others. alex nietto was shot and killed when officers thought a taser he was holding was a gun. many police departments have intensified their training, hike this one held by the she have's department. >> we teach them how to if they have time how to talk listen how to problem solve to a certain extent. >> there are courses that deal with the mentally ill. bottom line, if there is an immediate threat his cops have to stop it. >> sadly if there is danger to other you have to protect the people that are here to protect. >> in this case, the county posed they were justified in using lethal force. >> demonstrators shut down valencia street for hours trying to raise questions about why officers fired 58 rounds at a 28-year-old alex neitto a year ago, today in vernal heights park. >> demonstrators are pushing for charges the san francisco district attorney decided against pressing criminal charges but we've learned the d.a.has forwarded this case to the u.s. attorney's office for review. outside of the mission district 200 people were involved and commemorating the death of alex nietto, killed one year ago. his father was among demonstrators. he said it's been a year since his son was killed and people of san francisco are tired of waiting for justice. these demonstrators surrounded a bus transporting ebayemployees. >> we blief -- believe that it worsens people of color in the neighborhood. >> police responded to calls of a man with a gun threatening people. officers found him holding out a weapon with a laser pointed. it turned out to be a taser. demonstrators insist he didn't threaten anyone. >> if someone is in a park and sees someone wearing a gun should they call the police? >> why. is this person threaten something >> the district attorney announced criminal charges will not be filed against four officers involved. the protest included a public show trial. >> the department is committed to facilitating first amendment rights of the protestors. >> there are no arrests. >> abc7 news. >> thank you. a preschool in san francisco closed today to children and faculty to mourn the death of a beloved teacher. nansy blum was on a hike saturday when the cliff suddenly collapsed she'd been a teacher at sarah preschool for ten years the park office had been warning people about a fissure on arch rock and asked people to stay away. friends say that trail needed more than just a warning sign the trail is now closed. her friend was also seriously injured. a tragic freak accident is under investigation in the east bay. it happened this afternoon in martinez at shell avenue. a gravel truck tipped on to a car. inside a mother trying to move her vehicle. janet oh is live with details. >> reporter: a tow truck appears to be here trying to clear the scene. witnesses tell us the driver of the truck told the woman to move out of the driveway but they say she didn't have a chance the truck was in motion tipping over. this is a picture of the 32-year-old victim released to us by family members. >> i heard the thing roll over and i heard the horn. >> witnesses say they ran out to find the back end of a gravel truck on top of a car with a woman trapped inside. >> we're trying to dig her out. guy with the back hoe ripped the door off of the car. i looked and saw she was smashed, dead >> police along with cal osha are investigating and talking with the driver of the truck to find out what went wrong. police say the accident happened at 1:00 in the afternoon along shell avenue the truck working for the city to improve the road safety. >> my feeling is they should close the road off. they shouldn't have been doing this. >> neighbors say the driver was in the wrong place at the wrong time but say the accident could have been worse had it happened later in the afternoon when the high school kids are out. >> they can't walk so they are putting in a sidewalk so kids can walk to school without getting hit by a car. that is why they're doing it. >> we learned the victim was a 32-year-old hair dresser with a 4-year-old daughter the little girl was home when the accident happened and saw the whole thing. >> standoff involving a burglar inside of an elderly woman's home came to an end peacefully just minutes ago. sky 7 was over the scene this afternoon. a woman in her 90s lives there and was home at the time the suspect barricaded himself inside of her house over two hours before authorities finally arrested him. >> authorities in antioch have arrested a man for trying to kidnap a toning on her way to school this morning the girl told investigators a man in the car offered her a ride as she was walking to deer valley high school. she got out and tried to grab her. police made arrests after a second student came forward to say something similar happened to her earlier this month. >> the oakland arts community banded together this afternoon the two were sleeping when the fire started and their unit was destroyed. another apartment also was damaged. the building owner wants to clear out the spring break. the residents say they're afraid of moving out. >> if you're renting now, you cannot move. you cannot find an apartment as affordable. so everybody is under duress this, is the last thing we need. >> friends have started a memorial outside of the building. >> you can find a link on abc7 news.com. >> two hikers were found injured live. sarah sandrik talked with the doctors who found dahl. >> this the hillside where a family spotted michael dhhl slumped over a rock. it's 30 yards from the trail but rangers believe other people may have walked past him because his clothes blended in with the terrain. >> walking and i saw something move. i saw it's a person. >> david green and family called for help, staying by his side they say he had obvious injuries and was barely able to speak but they recognized him from missing flyers posted around the park. >> we knew we shouldn't move him he looked hypothermic. so we had to keep him warm not move him very much. and keep his spine still. >> he is expected to live. >> rangers are still trying to piece together how he was hurt but they do know the uc santa barbara student was hiking with three friends when somehow tumbled down. several teams from across the state looked for him and then stayed to search for clues. >> some of his property is on a hillside. and we're trying to locate the property to determine what might have led to injuries. >> but rangers and the green family are thankful this story has a happy ending. >> we saved a life. not everybody has a chance to do that. >> the greens say they'd only been in the park for a day. and they say they'd love to speak with him and his family in the future if possible. >> still ahead south bay restaurant workers claim they haven't been paid will confront the owner. >> tonight a clean air proposal could cost you thousands and why it could be a disaster for real estate. >> a new restaurant is facing a public relations nightmare. some are protesting outside claiming management ohs them thousands in pay and tips. david louie is outside. david, any hope of a resolution? >> not easily. this case usually ends up at the state lib commission. if they prevail it could be difficult because enforcement of judgments is difficult. m is the newest downtown restaurant and council members were there to celebrate. 11 employees are now standing outside with shines claiming their ohhed thousands in wages and tips. >> never paid in full, never issued credit card tips nor cash tips were taken from me >> the owner disputes that. >> i want to see where that $1700 how she's claiming because is not true. >> do you think she's making it up? >> yes. >> the former cook says he's ohhed $1800 the attorney says complaints are growing among workers as living wages and higher wages are passed she says employees are getting cheated. when winning a case employees don't get the money. >> they're awarded around $750,000 and could collect only $250,000 because it's an epidemic of noncompliance it's a business model and not to take workers. >> it doesn't affect just workers but everybody. because they said to charge lower prices. >> the owner operates two other south bay restaurants, acknowledging paying to settle wage commutes in the past. >> maybe they'll give employees their money. you know? >> shana says she needs the money to raise her two daughters. >> a restaurant remains open despite an order for it to shut down for good. the building is scheduled to be demolished and replaguesed by new ferry terminals the port says owners are now trespassing and they will be beginning the eviction process. >> the port has been bending over backwards for many years. and we've had numerous problems with them. >> saying they've been given the okay to stay in the building against next spring. and an elephant sea pup is being nursed back to health. they called authorities and kept on eye on the pup several hours until help arrived there has been a rash of beachings along the coastline this year. and most have been malnourished. >> we've got rain. >> spots picked up decent amounts. and here is live doppler seven hd. here is a live view looking at western sky. we had danville with watsonville having decent rainfall totals. into sierra the lowest ever observed beating the lowest record set back in 1977. so 61 across the bay in oakland. 60 fremont. from our camera we still may see spotty sprinkles during overnight hours. and here is the passage of the little impulse earlier that brought us few rain drops today. there is a surge of warm air arriving towards the end of the week. tomorrow, highs into low 70s but wednesday, low 80s popping up. friday highs up to 86 in antioch so going to be warm. and we might see record highs towards the end of the week. low temperatures upper 40s to low 50s and tomorrow we'll see partly to mostly cloudy skies. here is the accu-weather forecast. here is warming trend. low 80s around the bay. and thursday, friday, temperatures leveling off into mild to warm range saturday through monday. lovely weather coming our way. still bone dry. >> thank you. >> novato boy has a long recovery after falling 30 feet from the roof of a school building. this is the 9-year-old being treated in oakland playing in a school yesterday, and climbed onto the roof to get a basketball when he fell through a sky light he fractured his spine and skull. his mother is just devastated. >> i'm helpless i wish i can be going through the pain. >> during his examination doctors found a sift on his brain, it is benign >> a new law would allow some electric bikes on california bike paths and trails. so a lawmaker from huntington beach wants to chaveng that allowing electric bikes with pedals that cannot top 20 miles per hour allowed on the trail. >> some people may have a hard time being able owe get over a hill or through a canyon to be able to get there. and in being able to really, i find this will help more people enjoy the great outdoors and trails here in california. >> the chp last year raised questions about safety. >> there is more still to come tonight. it could spell disaster for sales >> a freshman senator becomes a first announce candidate to join the race for president next year. >> president of afghanistan follows up an abc7 news you can find a new frontier. there's nothing stopping you and a lot helping you. technology that's with you always. this is our promise. it's never been better to wander because wherever you go, you'll find us doing everything we can, so you can. bulldog: you don't need superpowers to help someone. sometimes, all it takes is a warm heart and a cold nose. that's why mattress discounters good deed dogs is raising money to train service dogs for people with disabilities. i would never imagine a life without an assistance dog ever again. i relied on people a lot. he helps me live a more independent life. bulldog: we need your help to do more. give at mattressdiscountersdogs.com, or any mattress discounters. mattress discounters good deed dogs helping dogs help people an air district proposal to require home sellers to retro fit fireplaces has people fired up tonight. >> the association of realtors is strongly against a proposal requiring home owners to get rid of wood burning fireplaces saying it would only drive up prices in the market. >> the median price now is $703,000. >> it is coming out of the air quality management district, looking at requiring a home seller to be part of the sale. >> it's not just for neighbors but people inside. >> you're going to have to run a fas line to the fireplace. >> mike wells is the salesman ger in walnut creek and says the cost to replace a wood-burning fireplace ranges from $400 to as much as $6,000 for a full insert. >> new technology coming into place today that is compared to an open fireplace. >> there is something very know stallic about having a wood burning fireplace. >> saying the rule would apply to a lot of property. >> our group works in the neighborhood and we currently have ten homes of the market. seven are wood burning fireplaces. the air district will hold work shops in all nine counties starting on wednesday. could a one time senator turn ambition for a successful by the for the white house? news reporter with more on the announcement. >> we're 595 days from the 2016 election but the campaign is off and running. >> i believe in the power of millions of conservatives rising up. repealing obamacare and abolishing irs ain't that tough. names mentioned include senators marco rubio rand paul chris christie and wisconsin governor scott walker. they're fighting for an opportunity to face a democratic nominee. >> former secretary of state hillary clinton was at a summit today. an editorial begs elizabeth warren to mount a challenge. dnc chair debbie wasserman shultz isn't ready to back a candidate but if ted cruz emerges from gop side she isn't concerned. >> if this is debate, i'm confident the next president of the will be a democrat. in washington i'm ryan nobles reporting. >> afghanistan's president is thanking troops for sacrifices in nearly 14 years of war. he promised his country would not be a burden. >> we do not now ask what the united states can do for us. if i can play on president kennedy. >> there are about 10000 u.s. troops in the war torn country. >> that is an excellent series. >> al he was ordered to serve half a 20 years sentence. he's been in jail for a year now. by video sharper pleaded guilty to similar charges in phoenix, and has been charged in las vegas and new orleans. he's accused of sexual assaulting women while they're unconscious. >> a photograph of a police officer helping a mother finish a ten k race is getting a lot of attention. take a look at the jubilation on asia ford's face as she crossed a finish line over the weekend the lieutenant and her son helped her. she's running as a culmination of losing 217 pounds over two years. ford spoke about his kind gesture. >> that police officer to me was an angel i won't have finished that race i won't have been able to show my family i was going to finish. when i teach you you're going to be doing, too. >> the picture has gotten over 2 million likes on facebook. >> it's fantastic. >> it is. >> coming up next mystery goo fouled the feathers of hundreds a poll left some agencies struggling to pay their bills after being covered with a mysterious goo. >> hundreds of birds were slimed by a go owe o, found in mid january, cold, unable to swim. >> it has a texture of a rubber cement-like product. >> they know what it isn't. it's not oil. and that is a problem. in a spill, the state has resources but there is no funding februarying nix. two months later, the work load has been tremendous. >> it was very expensive. and paying for that is very taxing. >> now there is a bill co-authorize state money to pay back by the perpetrators if and when caught. >> responsible party will have to reimburse the organizations and they'll have to pay a fine. >> leno would like to see the guilty party face a penalty for not coming forward immediately z hopes the bill will reach the governor's desk this summer. >> what do homeowne a california lawmaker wants to put more sunshine on the bay bridge introducing a bill requiring all committee meetings to be subject to open meeting act known as sunshine act now happening right now. we're trying to make sure is that there is sunshine in the process. >> she says the law will restore public's faith in the project. >> a combined nine years is how long michael finney has been following three separate stories involving thousands of dollars owed to bay area consumers. >> now they're beginning to see their money. these faces involve a custom shoe store and a mortgage modification company. you might remember the story. i introduced you to the then newlywed in 2013. the couple hired gourmet rock stars to cater their casual backyard wedding reception they say the truck arrived four hours late and the food was cold. >> smashed burgers and under cooked fries. a former employee talked to seven on your side >> i'm thinking i'm going to be cooking there. and they telled me we're going to stop at nations. >> the brothers owned and operated the now closed gourmet rock stars they were charged last year with six criminal misdemeanor counts including making false, misleading statements and operating without a permit the two sent the up cannel $2140 in restitution and the district attorney agreed to delay prosecution while conduct is being monitored. >> come on. man up a little bit. let's talk about this. >> in november, we told but a shoe store known as walk right for life in san jose palo alto and gilroy. many customers accused the store of taking custom shoe orders and never delivering. we introduced you to customers as far as 2011 when the store, under the same management was known as foot solutions. most customers have received refunds. one of the last was maggie koets. >> they kept stalling me. >> maggie told us with the help of the d.a. the store sent her a $719 refund. she's waiting for the last $75. in alameda county a dozen homeowners supposed to receive $57,348 in court ordered res stiet yugs in a suspected mortgage modification fraud case. >> he's a monster because he deliberately defrauded people of millions of dollars. >> robin and her husband paid $7,000 to of living of pleasanton to refinance their home. but say they got nothing in return. so far 10000 has been paid back to a dozen homeowners no word if $47,000 will be returned. alameda county courts under the process of working out a repayment plan for hoggerty and two other suspects. he's fighting restitution order, saying he doesn't owe it. >> to see any of my reports go to our website and select 7 on your side. >> last thing a business owner wants is you saying "man up, we need to talk about it." >> still searching for rain. where he have clouds around that could be a sprinkle or drizzle. statewide, will be rain to the north around eureka and other points north. south ward sunny skies and dry. and warm. in the bay area high 60s to low 70s on the coast. san jose is our indicator way up to record levels mid-80s inland. here is the accu-weather forecast. notice thursday, friday, highs into we'll see 80 degrees throughout the weekend. and no rain. >> it's march. >> yes. >> it's just crazy. >> it is. >> yes. it is. >> there is nothing within the last week or so. >> thank you. >> in sports tonight warriors hoping to win nba championship the last warriors seem to go all the way. look at this group. rick sky 7 is live over breaking news. by the golden gate bridge toll plaza, this 18 wheeler with damage to the passenger side chipped one of the toll booths. two lanes are closed right now, because of the damage. and the big rig is leaking. traffic is not backing up. keep to it twitter for the latest on breaking news. >> it will be a special evening at ora cell arena tonight. warriors hosting washington and celebrating 40th anniversary of nba championships. members of the title team tonight include barry, cliff yard ray just to name a few. >> when you're part of something as special as this was and you have an opportunity to reminisce and see people who have been an important part of your life it makes it special. and we're looking forward to watching this exciting team play. >> this the final game of a six-game home stand. and being home with a big cushion and standings atop the west and winning by big margins is helping them feel good. >> i'm still playing games. and just being home makes this. >> saturday stanford held sooners to almost half that today. gets the pick. second half is a shooting borage. and do not leave bonnie sanderson alone by that. slash. 86-76 the final. this sharks clinging desperately to playoff contention and getting slimmer with every loss the mean in tale in ottawa. and power play with a slide in on that rebound. and scores. giants skipper not a happy man saying it's time giants pick it up. peavy gets his first win of the season. a's and indians in good year. four and a third lost five runs on seven hits. carlos santana making beautiful music. indians win 8-3. >> all right. thank you, larry. >> join us at 9:00 benefits of breakfast serial at 9:00. >> a preschoolteacher killed in a freak landslide. >> and that will do it. our coverage discontinue on twitter. thanks for joining us tonight. from all of us here, have a good