♪ that's it for "rtm." thanks for joining us everybody. we'll see you next time. it was a tragic accident that left a police sergeant dead

at the hands of a fellow officer. it took four months to reach the decision, and prosecutors announced there's no criminal charges, against the officer that fired the gun. we're live in the news room, what went wrong? >> it's the final report, and it describes how one officer shot another and why. there's not enough evidence to file charges against him. >> it happened on january 21, at the apartment complex, and smith and mays, went to search, and smith went left, and mays went straight in the apartment. as mays was about to enter the bedroom, he saw a shadowy figure, and the gun was raised,

and it was turning to me, and i saw a little bit of a hand. none of the officers knew of the floor plan to allow them to one o'clock through the bedroom, and -- walk through to the bedroom, and that's why he fired one shot and killed smith. immediately after the gun fire, several officers heard someone yell, i'm hit, and one said, was that tom? and they realized it was. they radioed friendly fire, and smith came from the bedroom area and collapsed on the floor. the bullet passed through one side of his vest and pierced the heart. after the report was released, the chief released a statement saying, immediately following the accidental, i took action to review the process and policies and training to ensure that something like that never

happens again. now it requires deputy praufrl before -- approval before the searchs. our coverage continues on ktvu.com, you can read it for yourself on hop topic -- hot topics. the death of a man has been ruled justifiable. he barricaded himself in the family's home, and the efforts by the crisis intervention team failed. after a six hour stand off, a swat team went in, and they stabbed him in the arm and the police shot and killed him. he suffered from schizophrenia. a 9-year-old died after being attacked with a hammer. the mother of another student, lured the student in the bathroom, and assaulted her with

a hammer. they entered the bathroom and confronted the woman, and she was arrested, the child is expected to recover, the girl knows the family but the motivate is unclear. new developments on a claim that a security guard attacked a student in a wheelchair. they're looking into the actions of the second guard. substitute security guard was fired for aeltdly -- allegedly hitting this student. the school district says it's looking into the action of the second guard, seen of this surveillance video, showing the attack. it appears she was trying to stop the attack. >> there's some actions that are concerning. and we're continuing to investigating what practice was applied there. >> today, a hanful of class mates sign a petition, and the

actions were not justified. a boy was sitting on a school bus when he was attack. the person who attacked him was the father of another student. they spoke to the principal, to see what sparked that attack. >> as school was about to begin here at wilson elementary, he approached the principal. >> his word were i was attacked by a dad. >> the authorities say yesterday morning, a father followed his son on a school bus, and then began to shout, and grabbed this boy. this is a picture of the boy's guardian, that show a cut on his cheek and a swollen ear. they arrested this man on a felony charge on assault on a child. the investigating say he was drunk. he was upset over an incident that happened earlier in the week.

>> the allegation is he was bothering the boy. >> the district is upset of what else he did. besides allowing an unauthorized person onto a bus. >> i would have preferred the bus driver escorted the student into the office and let me know who exactly occurred. >> the driver is reassigned, but still operating a school bus, the school district is reviewing the procedures. >> i don't believe this was an appropriate response by the individual worked at the bus company. >> they did not return our call, the guardian tell us she's worried of what happened to him, could trigger nightmares. ktvu channel 2 news. some tense moments at an east oakland home, where a woman awes he will at gunpoint for

hours. crews were on the scene orr night and -- overnight and into the morning. they got the victim out, and detained three people for questioning. this woman was forced out, and they located the victim, and she's doing okay. new developments tonight in the story of donnell sterling, and -- donald sterling, and he'll file a lawsuit against the nba, and the doctors declared him to be mentally incapacitated. the league says it's tentatively approved the sale to former ceo microsoft steve bomer. two giants fans took the witness stand, with the trial of

the dodgers and the team's former owner. he was severely beaten and suffered brain injury. he was hazard by the man, and they didn't see the security in their section. the county officials are looking into a proposed election day marijuana gave away. they say they're offering discounts to people who they can prove they cast a ballot on tuesday. they're encouraging voter turn out, at times of the regulations are at the forefront, and there's concerns of whether the incentive violates federal law. >> it raises questions of if it's legal or not. we want to look at it, so we referred it to the district attorney's office. >> it's not really a bribe. that's what we're doing.

>> several years ago, star bucks had to cancel. some back lash, you remember the sample was unveiled last week at the white house, and now the american family association is calling for a boycott of the the harvey milk stamp, it calls him a predator, and honoring him with a stamp is preverse. they want people to not buy the stamp. it's a major win for the nation's transgender community. the health and human services says it'll no longer exclude payments for sex reassignment surgery. they learned how many people they affect and the decision widespread impact. >> mechanic engineer, waited until retirement to transition to female. she said she was lucky to have the money to pay for the

surgery. >> upper level remodelling, and lower level, you can easily spend $100 grand, easily. >> they're lift it go ban of the payments for the treatments. san francisco's transgender law center estimates the community is .5% of the population. >> i think that we're really at a tipping point. >> it comes at a time when the transgender issues are widely discussed on television and magazines. >> transpeople are six times more likely to unemployed, and discrimination. >> you name it. >> helping the gender inflicted people help with the surgery, pays off in the long run. >> they're happy, productive members of society. it's a much greater cost to

society than having their gender confirmed. >> today's ruling does not guarantee that medicare will pay for all treatments, they'll be evaluated case by case. instead of banned out right, ktvu channel 2 news. the future of 400 bay area students, comes to a four inches. >> not happy, and the law is clear. >> the reason why the short distance means the students will have to retake an important college test. and stepping down, some veterans died while waiting for care, while an audit revealed today, showed a systemwide coverup. and coming up, how much cloud cover is saturday morning forecast, and the warmest day of the weekend.

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.

. two men working for a construction company, fell to their deaths this morning. the crane basket was raised 100 feet in the air and it failed. it took rescue crews several hours to retrieve the bodies. work there has been stopped. a bay area man that survived last week's deadly rampage is back home tonight. he was visiting a friend when he was hit by a bmw, driven by rogers in the attack. he spoke to us from his home last night. >> it's a time that a lot of people are feeling sad and down. i just don't want people to be so distracted by that whole side of it, that they forget that

people are still alive, they survived this thing. >> you can see some of his wounds there, and he's still in pain but happy to be alive. veteran affairs secretary stepped down today in the midst of a fire storm in the long wait for health care. he received three standing ovations before announcing his resignation, the preliminary audit, concludes the va schedulers were pressured to make it look like the wait times for shorter than they were. an audit earlier in the week, showed problems in the va system. there was word of another resignation, the president made a surprise visit to the briefing room, to announce that carney is stepping down. he doesn't know what he'll do

next. the dow jones is setting a new record high. nasdaq well five points -- fell five points. the stations, and tracks will remain closed until june 9, they'll add extra tracks, and they'll provide buses at those station. the facebook founder is giving away millions of dollars to help underprivileged kids in school. they'll help the schools in san francisco, redwood city, and it's a penny to each dollar already spent on education in those cities. >> one thing is to experiment, once they see success, as you see in other charter schools, fantastic. then you can model and scaling

it. in other communities. >> this gift comes as critics question, the donation to the new jersey public school system four years ago. too much of the money was spent on highly paid contractors, and not enough on students. just 4 small inches, but those inches mean 400 bay area students will have to retake the advanced placement exams. the rule is enforced by the college board investigator. >> at this valley high school today, instead of graduation giddiness, a cloud over campus. >> everyone is really depressed. >> the college placement test, taken two weeks ago, will not count. >> these kids are under so much

pressure, it's unfair. >> ting rule is very clear. >> the rule is desks five feet apart. they found the desks were about four inches too close. >> the school's responsibility, we take ownership for that, we followed the guidelines. >> the school says this is the first test irregularity, in as many years, and will offer makeup tests, but parents are unhappy. >> she was pretty confident, and she prepared. >> a spokeswoman said the make up tests are offered next week, and she emphasized there was no allegation of cheating. in pleasanton, ktvu channel 2 news. now it appears the diocese is softening the stance, it

recently added some language requiring teachers to teach in private, as well as in school. it sparked some protest, and the bishop says he is reconsidering the morality clause. meanwhile, we're here to help plan the weekend, the days are not alike this time. it's a warj trend -- warming trend. fog is making a come back, and a lot of 70s out there, and the beach is maxing out in the 50's. san josi is at 69, and 82, and the storm tracker, no storm, but a lot of moisture there. the fog bank is expanding in coverage offshore. and closer to ocean beach, to the golden gate beech, to -- beach, this will continue to expand in size.

over the next 12 hours or so. the current numbers, a lot of 60s, and san josi, 60 and san francisco, definitely want to bundle up, it's only 54 in san francisco. a brisk wind out there as well. checking in at 20 miles per hour, santa rosa, 20 miles per hour, and the gusts are 21, the most recent up to 26 miles per hour. forecast for tonight, coastal fog, and the live camera, we'll bring that up looking to the bay, to san francisco. the cloud bank out there, and for tomorrow, morning clouds, it'll warm up in the weekend and tomorrow is day two of the rock, and clouds in the morning, and the afternoon, partly sunny and temperatures by 4:00, in the upper 70s, and the extended, a sun cloud mix and cool things off.

over the past few days a shallow marine air. high pressure in command of our weather, first the overnight lows, and high pressure, trying to rebuild offshore for the second half of the weekend. tomorrow is warmer, and the second half, high pressure returns, and warm things up by a few degrees. clouds go back to the shoreline, and the temperatures approaching the lower 80s, and san francisco in the cool side, 64, and san josi 70. a look ahead, if five day forecast, the temperatures up a bit. sunday is the warmest, cooling by monday. thank you, saying good-bye, we'll say an art installation in the city and why it's going away and why it's coming down.

an out of this world unveiling, why a tone shaped spacecraft could change the future of space travel.

. a new spacecraft unveiled could shape the future of space exploitation. they introduced the cone shaped in hawthorn earlier today. it fits up to seven astronauts, and can land almost anywhere. the new technology is cheaper, it allows the spacecraft to be reloaded and reused. o.j. simpson's lawyers have one week to resubmit a new trial. the court wants the lawyers to reformat the appeal and resubmit it by june 6. he was in prison since 2007 armed robbery case. for nearly 20 years, an unusual art project has caught people's eyes in one san francisco building. >> where will i find a

beautiful view to read? >> nowhere, that's where. that's the artist, the expensive art work decorates the hotel, and he has the idea to make the furniture was escaping the rooms from inside. and now the building is set to be demolished and the art work is up for sale online. helping arkansas patients -- cancer patients, love your melons, the bus is traveling across the country on a 45 day tour. it was at the children's hospital in stanford, part of the event, college students dressed up as super heros. >> she gets a lot restless sometimes and having people come in who are willing to donate their time, it blesses our day. >> since it was create in 2012,

they've sold more than 12,000 hats. thank you for making ktvu your choice for news. we'll see you at 10:00.

[captioning made possible by warner bros. domestic television distribution] >> today on "tmz" -- >> good news about the recession. it's officially over. a big celebrity has proven that it is very easy to get a job after graduating college. >> emma watson. she's up in toronto filming a movie. >> she had a job before she graduated from college. >> what's she worth? >> a [beep] ton of money. >> that was forbe's exact quote. [laughter] >> luke bryan was in charlotte, north carolina. >> big country star. >> we've seen a lot of people slip and fall on the stage. this one looks painful. >> he goes into power stance, he's lumping forward like about to