cool, breezy even the potential for thunderstorms, how much longer this weather pattern will hang around. san francisco school reverses course and its response to a class photo that has received national attention ktvu news at 7:00 p.m. is next. a new twist in the disappearance of a girl who story continues to captivate the bay area.

it's been two years since sierra lamar disappeared, her body has never been found. today the decision of the man charged in her murder will face the death penalty. prosecutors made the announcement today even though the trial for angelo garcia store is has not been scheduled. today's news comes as solace further her parents and those continuing to search for crs remains. >> volunteers of the sierra lamar search center today said they were gratified to hear about today's decision. the santa clara county district attorney's office decided to seek the death penalty against the suspect in the kidnapping murder case, 22-year-old antolin garcia torres. torres pled not guilty in february after being indicted by grand jury. 15-year-old sierra lamar disappeared march 16, 2012 after leaving for 2012 after leaving for school in morgan hill were her family had just moved to from fremont. investigators say they found her dna and garcia torres' red volkswagen jetta and his dna on

belongings and her discarded backpack. volunteers say the threat of the death penalty hopefully will resolve the case. >> possibly he will choose life in prison without parole and let us know what happened to her. >> serous parents agree, but acknowledge a death penalty case will take longer. >> that doesn't exactly take away the angst, the waiting period. it's still difficult as a family to go through that. >> we feel that if he is proven guilty of this, he is taken away something very precious and dear to us. >> legal analyst alan crites burke points out the time it takes to go to trial gives the da time to reconsider. >> i think what is important to remember is what jeff rosen did today's the first step toward taking the death penalty. >> volunteers also say they plan another demonstration of support for the bomar family when garcia torres returns to the courthouse on friday. a man accused of shooting

and killing a young woman after a fender bender in a parking lot of a san francisco nightclub is behind bars tonight. and the suspect is now in custody in the victim's mother says she wants justice. >> he took a good person from here and that's the hardest part. why did you kill my baby. >> police arrested 24-year-old michael green of san mateo in miami on friday. he's accused of killing 23-year- old male question award last november. the recent college grad was out celebrating her 20th birthday that night omg nightclub on six street. the thunder better led to dispute didn't gunfire. one was killed and a friend who was driving the car she was riding in was seriously injured. a not guilty plea today from a former cub scout leader charged with child abuse. 40-year-old franklin lee was arrested in late march. the married stepfather for two is accused of accusing a boy just over four years just over the boys 12th birthday. new developments in the

controversy surrounding a teenage girl senior class photo. san francisco's sacred heart cathedral prep is apologizing for excluding the photo and the girl from the yearbook because she wore tuxedo. >> the principal hopes that the student will learn from their accident. the principal published an open letter, very honest and lengthy explaining why the school decided to change their mind. jessica urbina senior photo is a memory she will now have in her high school yearbook. san francisco's sacred heart preparatory school is apologizing for initially leaving it out. the school admits it they were wrong to exclude her because she wore tuxedo not address. >> in dealing with this young woman and her family and her situation this is a deep part of who she is. she wasn't trying to make a public statement. she wasn't trying to do anything other than be true to

herself. >> principal gary cannon says jessica's father will be inserted into approximate 1300 yearbook so students can get their copies as scheduled. her photos will appear anywhere else in your points it appear in. >> the fact that they fixed it is really good. >> they needed to say sorry, because they were wrong. >> jessica identifies as a lesbian. in an open letter cannon says the situation as a reminder the school has room to grow when supporting students who are figuring out their sexual orientation. >> we can grow and need to learn how best to support those students navigating issues of gender identity. >> we identity. >> we have to put aside all the old parameters morals and all that kind of stuff. we have to get on with reality. >> students just want jessica to look back on this moment years from now and know she was loved and supported, regardless

of what she wore. >> the school is already working on updating their dress code policy regarding senior photos. they say they will support jessica and whatever she chooses to wear for the graduation ceremony. efforts to kill weeds and one local park could be poisoning trees. vegetation expert with alameda county raise those concerns and shut off trees and richard fegley park that appear to be dying. he says the unhealthy trees are only near spots where the city of san ramon has been spraying herbicide. san ramon's public services director tells us she is looking into the matter and will report her findings to the city council within the next two days . supervisor eric marx's planning department officials examining the interior. last week reported on how the richmond district theaters falling apart after being closed for ten years now. during today's inspection officials said they found

significant water damage in the building, and some of the theaters art deco murals and other historical features have some damage and left be reinspected. >> our office has been doing our best to ensure that the owners are keeping the property to a safe level and preserving as much as they can the property. >> the city has approved renovation plans for the property which includes a restaurant, retail and housing. a new proposal may limit cars on one of san francisco's most famous attractions. lumbar street draws thousands to it every year who want to take a drive down what is known as the crooked history in the world. some neighbors can say takes them 90 minutes just to reach their homes because of all those car. the san francisco municipal transportation agency says traffic accidents are also up. tomorrow the agency will discuss the summer trial program that

would close lombard between larkin and leavenworth on weekends between june 21 and july 13. people who live on lombard would not be affected. richard police are plotting the decision of a judge today that could keep ten suspected gang members behind bars for decades. they announced today that a judge decided there is enough evidence against those men to send them to trial. they were among more than 20 suspected gang members arrested during a gang sweep last year after a rash of violence in the months before. the gang bust was a result of a court-approved wiretap operation. police say because of those wiretaps they have prevented six violent crimes and likely saved as many as six lives. a north bay mother is accused of attacking a boy at her daughter school by putting her hands around the boy's neck. the mother's attorney believes racial slurs and bullied like the heart of the accusation. >> 30-year-old dalia bratcher is accused of confronting a 12- year-old boy who allegedly used racial slurs against her daughter. the press democrat reports the girl was called a dirty indian. her attorney denies the mother put her hands on the boy's neck but defends her ability to protect her daughter. >> so she could be justified in

what she did. >> maybe. we'll find out if that's at the end of it it shows. i feel that way's apparent if my daughter comes home from school being bullied him i take action. >> the incident has sparked a debate over how schools handle bowling. some are defending the mother for standing up for dollar daughter. others have doubts. >> i'm not exactly sure what to make of it. i just found out. so i mean it's not acceptable. >> some parents have complained that bullying cases are often ignored by school officials, that's something the superintendent denies. >> denies. >> it's terrible when this kind of thing happens. and as i say we taken very seriously. all of our staff work really hard to keep kids safe every day. incidents like these are very rare, and when they do happen we respond. >> garcia bratcher told ktvu by phone she never touch the boy, even though sheriff's officials say they took picture showing red marks on boy's neck. her family standing by her. >> she's a real loving mother,

she has five kids of her own. and takes real good care of them, they're always clean, she provides everything for them that they need. she's a real good mother. >> the mother's attorney said if prosecutors want to pursue a case, he welcomes it. >> all i can say to ms. ravitch is if she wants a jury trial at or get them 12 ready. >> that's reference to the sonoma county district attorney, joe ravitch. the sheriff's office says it's looking at a possibility of mistaken identity. that the boy who was attacked had nothing to do with any bullying. the hottest horse racing will be able to bring a key piece of equipment to the belmont stakes. today's racing officials announced california chrome will be allowed to wear a nasal strips during the race next line. we zoomed in on the streets here to show you where they are. the manufacturer says the strips allow horses to breathe more freely and reduce the risk of bleeding in the lungs. california chrome wore the strips during the last six

weddings. if he races at belmont it will be the first triple crown in more than 30 years. a blind man accuses a popular bay area ridesharing service of turning their heads to certain customers. a survival story of a stray cat the stop traffic this morning, only to get a new lease on life. the bay area remains cool and breezy at this hour with possibilities of thunderstorms entering the picture by tuesday. i'll have a look at this interesting pattern coming up

. police are investigating what led a driver to slam the truck into a storefront and concord. this is video from clay- court.com. on the left you see a blue pickup truck edging forward into a parking space and the

driver side door open and the trucks accelerate. the cellular sales store in the park and shop shopping center was not badly damaged. no one was hurt. the driver report portably told police he stepped on the gas we meant to hit the break. the hoover ridesharing service is under fire services under fire amid allegations some drivers are purposely denying rights. as ktvu noah walker reports attorneys are looking into it complaints a blind customers with service dogs are being left curbside. everyone goes at their own pace ... like a metronome, donald warhol's keen keeps him on track. but when the edge of the world is within reach, you learn to lean on other things. >> it's not easy. >> like public transportation. when jonathan lines turn to huber to get a ride ...

he brought his service dog to help get around. >> i got a text saying, we're sorry your driver had to cancel the ride. >> jonathan said he heard the car drive away, leaving him on the sidewalk with benito. >> it's almost like a twist in the gut to know that you are being discriminated against for being who you are. >> jonathan isn't alone, we found out disability rights attorneys are looking into a significant number of similar claims from people who depend on things like huber to get around. because this is what the world looks like to them. >> this is a systemic problem. >> disability rights attorney to make the elder is working with disability rights advocates who investigate claims in the bay area and across the country of huber refusing services to passengers with service dogs. the attorney says huber may use private cars but they're

providing public rides. >> huber and other public transportation are required to provide equal access to people with disabilities. >> we want to be their customers. >> but to do that writers like jonathan have to be able to get in the c car. >> it take someone to step up and say this is wrong, and if no one else will, i will. >> in san francisco, noah walker ktvu channel2 news. late this afternoon huber released this statement to ktvu. it reads in part, huber will deactivate driver partners from the server platform who refuse to transport a writer with a service animal. huber also said it welcomes service animals and is proud to help with the mobility and freedom of blind and vision impaired users. google is said to be working on a mega deal and has confirmed another. google said it's buying a company called divide. it helps businesses manage the mobile devices employees use for work, such as business e-

mail and sensitive information. google has been working to expand its footprint in the corporate world. no word on how much it paid for divide. google could pay as much is a billion dollars for a reported deal with twitch. switches a streaming service that allows people to broadcast themselves playing and talking about video games. popular among xbox one and playstation four gamers because it is already integrated in them. google's youtube allows life dreaming but twitch is more popular. dow jones added 20 points, nasdaq rose 25. at&t has an escape route in its 49 billion-dollar proposed merger with directv. its filings with the sec say at&t can walk away if directv can't renew it sunday ticket nfl package. directv has until the end of 2014 to renew, and it's a big moneymaker. sunday ticket costs about $3 per year and it is to million subscribers can watch any game they want. and at&t directv deal still has to clear federal approval. one commuter got quite a surprise driving to work this morning when a stray kitten darted across the inner straight and crawled into the wheel well of her car.

erika nolan says she was in heavy traffic on was down 580 between high street in fruitvale when she saw the kitten. the driver says she saw the kitten crawl into one of the wheel wells of her car. the kid and when come out, so ... >> he was scared, was shaking and eyes were so sad. >> eventually someone from the freeway service control use the tow truck to elevate the back of the car, crawled underneath and retrieve the kitten. another commuter stuck in the same traffic saw the ordeal and took the kitten home. today started a new phase in the bart to san jose extension one that will impact traffic over the coming days. the new project is an excavation project that will create a trench north of hostettler road in san jose. crews began to excavate dirt that will be hauled away. drivers can expect traffic breaks between 10:00 a.m. and 3:00 p.m. through friday. the first phase of bart silicon valley is set to open in 2017. the bay bridge traffic was no better than it was four

years ago when the metropolitan transportation commission rolled out its congestion pricing plan. that's a strategy meant to ease traffic. drivers crossing the bridge during peak commute hours between 5:00 a.m. and 10:00 a.m. pay $6 to cross and pay $4 to cross during off-peak hours. a recent study by the mtc shows that plan hasn't helped . the peak hours the bridge nearly reaches its capacity. the mtc says there are no plans to get rid of congestion pricing anytime soon. a longer fire season is the reminder from the effects of climate change in california. that was the point governor jerry brown made today during a news conference in sacramento. >> this is the kind of challenge words not just california, where 1% of the problem, we have to other states and other nations on a similar path forward. >> the governor spoke before group of scientist and environmentalist. he urged the state to continue to reduce gas emissions and use water as cove early as possible. the governor said it will take political will, financial

investment and public support to make the necessary changes to combat climate change. fire danger is likely to increase as we get into tuesday, we have a system that is working its way down california and nasa doesn't bring us partly cloudy skies, the unseasonably cool weather and a breezy conditions for many. getting a live look at storm tracker two were see it's quiet out there. as we head to the north quite a bit of action going on over northern california today. i will show you where the system is right about here, and again it is going to be moving south over the course of the next 24 hours or so. slide in little but closer, come thunderstorms, lightning firing off over northern california all afternoon. you can see a lot going on here just west of chico in and around areas of the sacramento valley and into the

sierra foothills, primarily north of sacramento. let's take a look at what's happening here home. were dealing with partly cloudy skies as we get into the evening hours and i really through tuesday. notice we wake up tomorrow morning seeing a little bit of moisture here primarily over the hills were we will see the possibility of a few showers, maybe thunderstorms. we will be tracking them all day, 3:00 p.m. we have a little bit showing appear, but the pattern of the system is tough to know exactly where that thunderstorm is that does occur is going to pop up. just an indication there of how we expect to see it all sort of layout for tomorrow, not going to need your umbrella. probably won't even notice the shower but that threat is there for the possibility of thunderstorms for tuesday. 62 degrees right now concord, 62 a walnut creek, upper 50s and napa, a lot of upper 50s or low 60s around the bay, along the coastline half moon bay 57 degrees partly cloudy skies,

santa rosa you're holding onto 63 outside your door. afternoon highs for tomorrow once we get going in the morning, a lot like how we have this morning with widespread 50s around the bay into the afternoon, low 70s for our inland cities, mid-to upper 60s along the east bay shoreline, 71 for san jose. along the peninsula slightly warmer than today, 64 for san francisco in the afternoon. there's your extended forecast so the chance will be with us for tomorrow then the system moves out and we are warming it up giving you a look at your bay area we can always in view temperatures bouncing back into the 80s for inland cities by the weekend. rescuers hoisted a 15-year- old boy to safety if tv was swept down a fast-moving creek. the rescue happened yesterday in yellow county after the boy was swept downstream and got stranded on the opposite side of creek. the chp held copter based in napa county responded to the scene and you see here lifted the boy to safety. it was cool but otherwise okay. so what to the words # and selfie have in common? newly judge in the sea for two terms finding the social media revolution. san francisco shows off its new plan to help beef up the city's water supply in the event of a big emergency or natural disaster

. san francisco city leaders were showing off a new sister and today, one that is designed to hold an emergency water supply this was located 35th avenue and irving street in the sunset and is one of 30 going into the ground across the city. supervisor katie takes says the system will help keep residents safe in the event of a fire

other major emergency. there being paid for by bond measure approved by voters four years ago. in santa clara people worried about traffic and parking at the new 49ers stadium are airing their concerns to team representatives and city leaders. santa clara police, stadium operators and the me ta are all scheduled to attend the meeting which began at 7:00 p.m. transit options, parking plan an event scheduled for the stadium are on the agenda. the meeting runs until 830. the stadium the scent open in august. people in merriam-webster have 150 new words added to the collegiate dictionary for 2014. among them are words such as #, selfie and tweet. we've posted a link to all the new words on our website ktvu.com just look for the web links tab. thank you for making ktvu your choice for news. were always here for you at ktvu.com and we hope you follow

us on facebook and twitter. our coverage continues at 10:00 p.m. and tonight 2 investigates fires a 30,000 feet. releasing video of what happens when batteries could fire board of playingplane

[captioning made possible by warner bros. domestic television distribution] >> today on tmz, >> rob kardashian has a difficult choice to make on the plane flight to paris for the wedding. >> what's the choice? >> chicken or beef. >> or? >> beyonce and solange trying to put this behind them. they went out to a restaurant with jay-z and posted a photo of them on instagram. you know solange made him take that picture. jay-z, you take the picture! okay, i'm sorry. >> matthew mcconaughey and brad pitt announced, do you want a beer and he goes into his place -- >> he didn't throw --