i am about to go see my lawyer. >> but that's not what he eyewitnesses nor deputies say happened. >> she turned on the deputies. also, while she was handcuffed, began kicking them while they were on the ground. >> the deputies used their tasers and handcuffed the men. >> they were outnumbered and outsized. they did everything they could steve each other. >> reporter: we now know what it will take for one of those deputies to recover. i will have more on that report at 6:00. reporting live in castro valley, linda yee, kpix 5. bizarre new details on the 18-year-old shot and killed by dublin police. police tell us oscar herrera had been fighting with his mother last night. when the police officer rifed, herrera hit him in the conditioned -- arrived, herrera raised his hand as if to hit the officer. officers say he was covered and on meth and threatened to eat his friend. he was tasered and sent to a hospital for treatment. right now, a crime scene in south san jose where two bodies were found in a home. police were called to the house at 3:30. the circumstances surrounding the deaths aren't known yet. but we are told homicide detectives will be taking over the investigation. a morgan hill high school is at the center of a fight over the flag and free speech. kpix 5's len ramirez in morgan hill where it's been a colorful cinco de mayo and another protest just getting underway. >> reporter: that's right. it has been quite a day hire in morgan hill filled with protest and counter protist. this is a rally organized by parents. it started earlier today with gilroy morgan hill patriots. fortunately, everything has gone smoothly. >> the accept outside was crowded with protesters, and the media, but it was peaceful. students stuck in a traffic jam on the way to school wondered what is the point. >> this happened over five years ago. i don't know why this is going on. >> maybes of the gilroy morgan hill patriot stood one by one with their flags. they didn't carry signs, didn't raise their voices. it was a silent protest over a recent court ruling that limited students' freedom of expression four years ago. >> there is no reason to ban the american freedom of symbol. >> in 2010, fourteen age boyce wore four american flag t- shirts. school administrators told the boys to turn their shirt inside out or go home: but tensions remained high. >> mexican american. >> as this youtube video showed the incident spilled outside school grounds, mexican american students marched on the street. a pick up with flag-waving men stopped. there was nearly a fight when the student knock the flag out of one man's hands. they say the students who attended have moved on and the racial tension is gone, too. this morning, a banner of acceptance and unity created by former students was in fencing around the cool. >> for us adults, it teaches us to listen to the kids about wanting to respect and accept one another. >> . >> reporter: this rally organized by a group called we the people was originally going to happen in front of the school after school hours, but parents decided move it to a nearby park for student safety. in morgan hill, len ramirez kpix 5. >> a separate group of bikers came to the classrooms this afternoon. this protest is over. we are told it was peaceful. new developments in the air show crash that killed a veteran stunt pilot while thousands watched. investigators comb the wreckage for clues as to how student done many times went horribly wrong. kpix 5's ryan takeo is at the air force base with how weather may have played a role. ryan. >> reporter: this is a dangerous stunt that the pilot has performed potentially hundreds of times. as we learn more about him today, we're also learning that just a little bit of wind can play a huge factor. >> it's just been really touch. >> the air show family of pilots is small and tight knit. eddie was a huge part of it. >> the air show community and family lost a brother. >> greg collier said eddie was his mentor. greg flew over the air show before yesterday's crash. he tried to fly upside down and cut a ribbon near the ground, a trick he had done many times before. the ntsb is trying to find out what cause the crash. >> right now, we are focusing strictly on the perishable evidence before it gets moved. >> there is no margin for error. >> this teacher says a quick wind change can have a catastrophic impact when planes are flying just feet above ground. >> the wind hits octobers on the ground creates turbulence. >> ntsb investigators will also look into how long it took rescue crews to respond. some witnesses complained it took several minutes as the plane smoke turned from white to thick black. greg wants to know why it took so long. >> the response time, it did seem long to me. >> he says he will continue to fly, knowing better than most how a simple error can be unfor giving. >> being that this is the first show i have been at where an accident has happened, i am in shock still. >> greg says pilots generally keep their same routine and they have to perform that routine for air show officials to get certification every year. live in fairfield, ryan takeo kpix 5. >> the ntsb will put out a preliminary report this week but won't complete the investigation for months. a small plane crashed into a house this afternoon north of denver. the wing and tail can be seen sticking of the two-story home. no one was home. the pilot, amazingly, walked away. family friends are questioning why a san francisco state student was shot and killed for ending up on the wrong floor of his apartment building. 26-year-old steven guillermo went back to his apartment after drinking with friends. police say he press the wrong floor number on the elevator. then guillermo went to the apartment he thought was his but broke his key in the lock. that's when police say he was shot to death. a 68-year-old was arrested. the building manager told us he blamed guillermo for breaking his apartment door. the water district is meeting to consider a draught sir charge for water customerrest. people pay $3.37 per sunt no matter how much water that use. but that surcharge would be talked on for anyone exceeding certain water use levels. this is an effort to make up far $15 million short fall caused by the san diego the fbi h corruption probe that led to they rest of state senator leland employee at one time looked at joe montana,ing the 49ers legend. he has been involved in real estate developments. kpix 5 politicalled inner phil matier says montana was approached by an undercover agent about a, quote, business proposition. the fbi is not confirming or denying the report. montana was never accused of doing anything wrong. tickets for the paul mccartney show at candle stick are sold out. they went on sale this morning at 10:00. concert organizers say the tickets were gone in less than an hour. the concert on august 14th is the last scheduled public event at the stick before it is demolished. a slice of par days fenced a. surfers flare off with -- off. the battle to make a bay area beach open to all. shoes were flying, cell phones were flying, people were screaming. >> turbulence so rough it cracked a wall. passengers relive the terror after takeoff. a chilly monday throughout the bay area, but skies are clearing. coming up, our one and only tiny chance of rainfall. and a return to the 80s. we will talk about when, coming. well, he did the crime, but a mistake kept him from serving the time. now the verdict is in. does this reformed robber deserve get out of jail free card? ,, everywhere i look, i see a country ready to move forward... and a congress standing in the way. their budgets are late; jobs bills are stalled... and special nterests run rampant. as an economics teacher at stanford, i know education means good jobs. so here's my plan: i'd start teaching computer coding in public schools right away. open doors for women in science and technology. and prepare young people for middle class manufacturing jobs. i'm ro khanna and i approve this message, because change starts with us. a battle with a silicon valy billionaire over public accs to a coveted surf spot. o sides are fighti south bay surfers locked in a battle with silicon valley billionaire over public accosts a coveted surf spot. the two sides are fighting over martin beach just south of half moon bay. just hours ago, a trial date was set for wednesday in redwood city. the surf rider foundation is upset that microsystems' cofounder bought up the beach front property and closed public access. they are seeking penalties accusing him of not paying for proper permits to do that. >> this gentleman comes along, buys the beach, puts a gate up and threatens to sue anybody that comes across the gate and/or have them arrested for trespass. >> he has been in court before over his property. a judge ruled in his favor saying, quote, the public trust doctrine doesn't apply to this particular beach. a sudden drop in passengers flying out of their seats. a turbulence that injured six people on a u.s. airways flights. >> shoes were flying, people were screaming. it was very, very scary. >> the orlando bound flight hit severe turbulence shortly after taking off from the philadelphia airport yesterday. passengers say that drop in altitude came out of no where. >> we were going and then all of a sudden there was like a drop and things flew up in the air. >> you can see cracks in the overhead come partment. that is after one of the passengers smashed into it. two crew members were among those sent to the hospital. of course, the faa is looking into it. investigators believe a failed clamp is to blame for this horrifying circus accident in rhode island. it was caught on cell phone video as eight women hung by their hair in the frame holding them and it breaks. they fell almost 30 feet. two are in critical condition. one performer said she didn't notice anything wrong before yesterday's accident. an eighth grader is caught in the mid of a school assignment that led to death threats. . the stream court tackles prayer in public. the long-awaited ruling in cities across the country. ,, safeway knows you don't want to fly all over town to find the best deals. that's why they have lots of ways to save. real big club card deals, the safeway app and gas rewards. for mother's day weekend two pounds of driscoll's strawberries are just $3.99 moms love tulips. they're just $5.99 a bunch. and brew up starbucks for only $6.99. there's more savings to love... at safeway. blessing to hold prayers be offical meetings. in a close fight for a ruling, the supreme court has given cities and town across the country its -- towns across the country its blessing to hold prayers before meetings. >> supreme court says it does not violate the constitution, even if they are mostly trouble makers the christian faith. justice anthony kennedy said its purpose and effect are to acknowledge religious leaders in the institutions they represent rather than to exclude or coerce nonbelievers. susan galoway an atheist sayest it violated their first amendment rights. >> i thought what we were doing was as common as the pledge. >> the court called the prayer ceremonial and in keeping with the nation's traditions and said judges should not be in the business of censoring prayers. four justices disagreed. in her dissent, justin kegan disagreed. >> i think the supreme court is giving its blessing to a majority rules prayer and sun fortunate. >> but justice kennedy did suggest some prayers may be unacceptable if they denigrate nonbelievers or religious minorities or preach conversion. advocatings for the separation of church and state say that opens the door door for a new legal challenge. >> the court may have dodged that bullet today, but they can't digit forever. >> justice kennedy has been on both sides of the prayer debate. in 1992 he said prayers at a high school graduation do violate the constitution, mostly because of the age of the students. a controversial homework assignment has sparked death threats against a southern california superintendent. eighth graders were told to argue in an essay did the holocaust really happen? now, an officer now stands outside the district office. the district now calls the question a mistake and it is revising the assignment. >> we are striking the sentence that claims is the holocaust -- did the holocaust occur. absolutely the holocaust occurred. >> police say they don't know who made death threats but they have leads. he was sentenced to 13 years in prison, but he didn't have to serve. anderson was convicted of robbery back in 2000, but he was never told to report to prison because of a clerical error. they only discovered that mistake last july. a judge ruled keeping anderson in prison would serve no purpose. the judge also praised the family man for turning his life around during his 13 years of freedom. the jury in the apple samsung trial decided today that apple will not be awarded additional damages from samsung, even though it found samsung infringed on an additional patent not included in friday's initial verdict. that infringement amounts to $4 million, but the jury lowered the damages previously award sod that friday's verdict remains the same. samsung owes apple $119 million, much less than the 2.2 billion apple was seeking. at least 12 people were killed in ukraine in a crisis both sides are calling a war. ukraine's military stepped up its bat toll take back a town from pro russian militants. at least 30 people were wounded. many rushed to hospitals during the clashes. in another eastern city, separatist barricaded inside government buildings. strong winds and 100-degree temperatures helped fuel a big wildfire in oklahoma. helicopters swooped down to make dramatic water drops on the fire. it was sparked yesterday by an illegal burn. at least six homes and two dozen others were destroyed. one man who refused to leave his house was killed. a meteor shower will peak just after midnight with up to 10 possible meteors per hour. the result of dust coming the tail of haley's comet. more tips on how to spot the event, head to k pix.com. >> those are always so neat. >> yeah. >> if you're up late. are the skies going to be clear enough to see it? >> it will be partly cloudy, so, yes. i actually heard talk of people seeing meteors. >> a couple days before. a couple days after. >> reporter: always look up to the sky. we love that. that's my job. a peek outside, looking toward the sky. also, look at the grass out toward dublin really blowing around. it has been a breezy day. some areas recording 30 miles per hour wind gusts. certainly is not warm outside. everybody is 65 degrees or cooler. even inland, like livermore. santa rosa, 65. you had a shower an hour ago. san francisco only 60. san bruno 62. chilly, breezy outside. wind gusts, part of our live neighborhood network, a 27 miles per hour wind gusts in san rafael. pittsburgh high school in pittsburgh, 26 miles an hour. at alameda college, only 58 with a 28 miles per hour wind gust. all of this associated with the front. there is activity on the radar to our north. kpix 5 high def doppler is tracking that rain several hours to our north. there may be a sprinkle or two in the north bay, and is it. wear adding to our snow pack actually. there is a weather advisory lunchtime tomorrow above 6,000 feet elevation. we could see 4 inches of new snowfall. better late than never. it is may 5th, so it is really late. but, we have an area of low pressure moving down to the north. it will be a near miss when it comes to rainfall. but we have the wind t cloud cover, and the cooler temperatures. for the most part, that will stick around again tomorrow. rain stays to our north. we will be about to 10 degrees cooler away trouble makers the water. then high pressure begins to move back in. this will take about five days before i will call our weather warm again. but the process begins tomorrow. temperatures will slowly creep up loud the week. the weekend, we are 70s near the bay. tonight, it will stay breezy. there is an isolated shower possible in the north bay. temperatures will be near or below average through thursday. then, that ridge gets close enough that we will get much warmer by weekend. tomorrow's highs, not that warm. concord 70s. oakland, 67 d. sunnyvale, 69. hayward tomorrow 68. fairfield, vacaville, about similar. san francisco, your high 63. sonoma 70. lakeport 69 degrees. you may see a shower tonight. on wednesday, sunny. 70s and 60s for highs. thursday, a little bit cooler and cloudier. then, we turn on the heat. >> oh. >> reporter: 80s inland. 70s near the bit. likely even warmer next week. the next couple days, it will be warmer. we will get toasty by the weekend. you may not want to open that work email, even if it is from your boss. how companies are putting their employees to the test. consumer the next time your boss sundays you an email, don't rush to open it. could be a trick. >> consumer watch reporter julie watts explains why employees are being tested. >> reporter: some look yes lit mat, some screen scan. security experts say any fishy email is a clear pathway to problems. >> a lot of the beaches happen because of the things we click on. >> and convincing people not to click is kevin haynes' job. will they or won't they open up that suspicious email even if it appears to be from their boss. >> becoming aware of what could be coming to you, how do you assess that, what should you do? >> company sells security training to other companies. it is aimed at employees but with lessons for everyone. >> you would look for things like an email that may be too good to be true. >> and, of course, links that direct you some place else, misspellings, poor language, sloppy pung shouation. or a return email address with the name of a well-known company and extra words or characters thrown in. >> security sources claim over 200,000 new computer viruses are created everyday costing businesses billions. so, many feel testing employees' email security savvy makes sense. >> a lot of the security breaches that happen within companies are actually from employees clicking on these malicious links. >> i think it is a good test of security. >> as part of dell's program, crease may receive a fishy email as a test. open it up, and you are directed to a teaching module. a gotcha moment that may not be appreciated by everyone. >> not sure if that is fair. kind of like setting you up. >> reporter: now, if you remember, that massive data breach at target, that was traced back to a fishing email. if you have a consumer problem, head to kpix.com and send us an email. >> it is a teaching moment. >> it is. >> they will probably make it pretty obvious. >> yeah. it will not say your next assignment or come see me today or something like that. >> exactly. >> thank you, julie. now for a look at what's ahead on the cbs evening news. >> we have scott pelly in new york. >> hi allen, and liz. the supreme court decided that government meetings can start the prayer. so what does that mean to prayer in schools? we'll discuss that with our jan crawford. also, in oklahoma where a fire started deliberately with good intentions exploded forcing a thousand people from their homes. we'll have those stories antres of the world news tonight on the western edition of the cbs evening news at 5:30 right after kpix 5 news. ,,,,,,,,,,,, man: we know when parents and teachers work together... woman: our schools get stronger. man: as superintendent of public education, that's been tom torlakson's approach. woman: torlakson has supported legislation to guarantee spending decisions about our education tax dollars are made by parents, teachers and the local community... and not by sacramento politicians. and we need to keep that legislation on track. man: so tell tom torlakson to keep fighting for local control of school funding decisions. making a push to keep the la i'm ken bastida in the kpix 5 news room. new at 6:00, making a push to keep the lucas museum here in the bay area. how san francisco is trying to take the wind out of chicago's sails. and, how a proposed waterfront location to the museum has already achieve something that's very rare. and, the bus service is free, but critics are saying the most needy people are being left behind. tonight, how some bay area seniors are being discriminated against at shuttle stops. allen, liz. >> we will see you then, ken. thanks. scott pelly coming up next. >> remember t latest news and weather on our website kpix.com. the justices rule on whether government meetings can start with an invocation. jan crawford reports. a fire started deliberately explodes, forcing a thousand from their homes. anna werner is on the scene. the head of a rebel group claims he has the 200 girls kidnapped in nigeria. deborah patta reports. researchers say they have reversed aging in lab animals. elaine quijano has details. and bill whitaker with freddie roach, one of boxing's greatest coaches, sparring with the consequences of a life in the ring. >> sounds like this is the biggest fight of your life. >> it is the biggest fight of my life. captioning sponsored by cbs this is thbs

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