right now at 11:00, the tapes are out. new video showing banko brown's final moments. it's triggering protests and demands for charges. >> our charging standard is not simply let's just file charges and see what a jury decides. our charging standard is do we believe we have proof that a crime was committed? >> san francisco's da says she is not bowing to pressure. tonight, new analysis on whether or not there is enough evidence to go to court. we are hearing from that

walgreens security guard. the police interviews that are putting new light on why he pulled the trigger. good evening, it is in the court of public opinion. the video evidence is out. many people disagreeing with san francisco's district attorney who is not filing charges. >> angry protesters marched to city hall demanding criminal charges against that walgreens security guard who shot banko brown. michael earl anthony was trying to stop brown from reportedly shoplifting. the two fight on the floor before the guard lets brown go. the turning point, though, comes as brown leaves the store. the guard claims brown threatened hihim so he fired a single deadly shot. here is terry mcsweeney. >> say his name. >> banko brown. >> reporter: the protests started at the market street walgreens where banko brown was

shot and killed. it ended at city hall. >> we have to fight for black lives. we can't stay silent. >> reporter: all this after district attorney brooke jenkins released surveillance video of the shooting and what led up to it. you see brown headed toward the walgreens exit. security guard michael anthony stops him for shoplifting. there is a struggle. brown is hit. lifted off the ground. and momentarily put in a choke hold. here is what anthony told investigators. >> once i let go, i stood back because the whole time we were wrestling she was saying she was going to stab me. that is what really put the fear in my heart. >> reporter: things calmed down, brown started to leave. then witnesses say brown spit on the guard and motioned slightly toward him. he feels threatened, he shoots brown. >> with the video with no sound

and no audio to it, it is difficult to have context to what is going on. that is why we must listen to the security guard statement. the witness statement. >> reporter: supervisor walton watched the video and said the security guard overwhelmed brown during the entire confrontation. he wants charges filed and says race might have played a role in the charging though da jenkins is black herself. >> if you allow a black person to be executed in the street. that tells me that black lives don't matter to you. yes, a black person can certainly feel that way. unfortunately. >> reporter: steven clark says the security guard did not use what could be considered reasonable force and the brown family may well have their day in court, he predicts. >> i do anticipate a civil court case. this is something that should

have never happened. >> reporter: supervisor walton and board president aaron peskin says they will ask the attorney general and the department of justice to review the da's decision not to charge in this case. terry mcsweeney, nbc bay area news. >> both state and san francisco law do allow security guards to carry guns if they meet training requirements. dean preston is calling to change city law to restrict when guards can actually draw their weapons. it shall be unlawful for any armed guard while in any place in the city of the county of san francisco to draw or exhibit. preston says guns shouldn't be drawn unless someone is in danger. his office tells us he plans to introduce the legislation in the coming weeks. we have posted more of the

surveillance video and the cell phone footage from witnesses. you can find it all on our website, nbcbayarea.com. you can also find our full one on one interview with district attorney jenkins. well tomorrow it is back to school for more than 35,000 students in oakland. the teacher strike is over. so did the teachers get the raise they wanted and what happens to the students as school is out for the summer? here is tom jenson. >> reporter: students will be filling classrooms once again across the city. coming back to campuses and completing the last two weeks before summer break. a big sigh of relief for seniors. nbc bay area talks to mcclemins high school. but they are concerned about missing a week of instruction. they wonder how it might affect grades and graduation itself. >> it is finals week. the most important week. and y'all took away a key week for us to prepare for finals. >> i hope for the best and pray for the best.

to make sure we get through this week. >> reporter: it could affect graduation day. the district agreed to a 70 million-dollar contract deal that will increase salaries by an average of 15%. and give teachers the one-time $5,000 stipend. they agreed to expand the number of counselors, nurses, visual and performing arts teachers an signed off on the common good proposals that were major sticking points in negotiation. it is a separate agreement where the district agrees to provide resources for unhoused students. takes a second look at reopening closed schools and creates a black student reparations task force. the district also agreed to include teachers and students in decisions affecting individual school. >> it has always been important to me to move ousd from a history of crisis toward a culture of stability.

and achieving quality for every student, family, and employee in our district. >> reporter: union leaders and membership fought long and hard spending sleepless nights at union hall through the strike and holding their ground on the common good agreements. >> the tide turned when the district knew that we weren't backing down. through the weekend, we were continuing to push forward. they got some real intense moment ins there. >> this isn't just about us trying to get a living wage. or to be able to afford the housing here in oakland. it has also been about making sure that our students have the ability to be housed as well. >> reporter: union members are expected to improve the deal in a vote later this week. and alameda county has to agree to it. then it's back to the school board for one more vote.

thom jensen, nbc bay area. thousands of healthcare workers are planning to walk off the job. they organized a five day strike with good is a mar than hospital and regional medical centerment they claim management is threatening and intimidating employees who raise concerns about short staffing and low wages. the hospital's management releasing a statement saying the strike is reckless and unnecessary and not in the interest of patients. the strike is expect today begin next monday. legal maneuvering. court motions. another twist in the years long legal battle for elizabeth holmes. she will be putting off prison again. her lawyer filed a new motion in the case. now the state has 21 days to reply and then once more, holmes' attorneys have another 21 days to give a final response. this takes us to late june, the soonest holmes will be likely to begin serving her 11-year prison sentence. today, san jose began clearing

out a major homeless encampment along coyote creek. crews began moving the estimated 200 unhoused residents living there. happening along a four-mile stretch of coyote creek from the san jose municipal golf course in in north san jose to where the creek meets. >> it is a lot. you don't know where you are going. but you know you got to get your stuff out of here. >> doesn't it make sense if we have a humanitarian crisis as we do with the homeless crisis here, that we treat it as such and provide places for them to go when we are evicting them from some property. >> valley water has given the city nearly 5 million-dollars to move the unhoused out of the creek saying it is not safe for them to be there doing construction. okay, depending on who you believe, the as are either one step closer to moving to las vegas or it's another step in futility. here is a look at the oakland

coliseum. only 2,000 fans showed up for the game. the team isn't very good. the stadium is outdated and the fans are revolting against john fisher. so what happened today in las vegas? another land deal. but they still need public money from nevada. >> reporter: just nine days left in the legislative session. but nevada state lawmakers have a lot of questions for the athletics. the as reached a final agreement to have a new ballpark where the tropicana ballpark is. the next hurdle is getting the government to financially hop on board. >> i have been told we can anticipate sometimes at the beginning of this week, we should get a bill in here. they ironed out a lot of issues. >> nevada state senator scott hammond says concerns include parking and transportation around the tropicana site for

the one-and-a-half billion dollar retractable dome stadium. >> i believe a sort of transportation to make sure this location is a good location. >> there are some inconsistencies. a lot of people thought the stadium was going to be built on the northwest corner. but today, we found it was going to be on the southeast corner. the site is nine acres. there is not one retractable roof stadium that small. others are at least 12 acres or more. >> you put some of these together. and it makes you wonder how much of a home run is this going to be? >> reporter: lawmakers in nevada will ultimately have to make a decision. just over a week left in the legislative session, we should expect an answer soon.

>> it will happen quick. what everybody needs to know is if the state of nevada approves this. approves the $395 million, i don't see major league baseball owners turning that down. i don't see the as ever playing in oakland after the 2024 season. >> reporter: no word on where the as would play when the lease end ins 2024 in oakland. >> okay, thank you. justin jones was welcomed with applause and cheers in tennessee. expulsion and apparent penalty for holding a demonstration on the house floor over a deadly shooting at a school in nashville. since then, jones has been traveling the country including visiting berkeley and oakland last week, advocating for gun violence prevention across the

country. >> we are back in 60 seconds. the city council in virtual chaos. why cupertino's leaders will met tomorrow missing two members. plus san francisco doubling down on a new approach to street crime. i'm chief meteorologist jack. it will get hotter tomorrow. i will show you what's ahead for this week. 'm back with that

there is turmoil inside cupertino, city hall. they meet for the first time after two members were stripped of committee assignments. now, there is referral to the da's office to investigate possible criminal activity by cupertino's former mayor. here is damian trujillo. >> reporter: this is a special meeting by the cupertino city council last tuesday. and it was rocky from the get

go. >> the agenda contemplates referral to the district attorney meaning i must recuse myself. thank you all and have a good evening. >> reporter: kitty moore and leanne chow were at the center of the controversy. >> the political power brokers have tried to influence and muzzle the city council and staff through anonymous undisclosed interviews. >> reporter: a short time later their council colleagues stripped them of their committee assignment and now there is a move to perhaps censure the duo. this independent investigation mirrored the report by the civil grand jury accusing the council members of poor treatment of city staff and circumventing protocols. >> that is not how a city is supposed to work. if you take an already overworked staff and tell them

hey, so i want you to go find 7,000 pages of stuff and get the specific things lyme looking for. that is untenable. >> reporter: the actions have led to high turnover among senior staff members. in an email to nbc bay area, moore said the report ignored her comments about why she had multiple concerns over the years about certain decisions. and she said she needs to ask a lot of tough questions to make tough decisions. former mayor darcy paul might be in legal trouble himself. the council claims paul might have been involved in criminal activity in office by also allegedly circumventing the city manager. >> the city attorney will take this report and turn it into the district attorney's office. >> basically, with a referral from us saying can you look at this and investigate? only in the hiring and firing

decision. >> reporter: the former mayor did not return his messages to our law office. in cupertino, damian trujillo, nbc bay area news. >> san francisco is expanding its community ambassador program in the mission district after business owners complained about a spike in crime. 16 new ambassadors will go in the neighborhood in the streets program joining five others doing the work since 2014. the goal they say is to quote take back the mission so people who live and work there feel safe. the ambassadors are trained in deescalation. interacting with people going through a mental health crisis, too. >> we use everything we get. we need to use it on the streets. help the community. get them the resources they need. >> it includes more police ambassadors on mission. more bart police at the 16th and 24th street station.

and public works will be cracking down on unpermitted vending in that area. >> people are leaving for cheaper housing so where are they going these days? here are the top five cities people are moving to from the bay area. austin, texas is number one on the list. then las vegas and reno. fool lowed by miami and orlando. >> austin is a logical move. it has been for a long time. a couple of companies hahave relocated there. the rest are just establishing operations including high end things. >> i have family in reno. half the bay area has moved to

reno. what would it take to get people back to the bay area? affordable housing. all the record rain we got creating a new issue for some bay area drivers. the agency says it is sending out crews to cut down tall grass and weeds. traffic signs. make it harder for driver to see oncoming traffic. a couple of areas on the embarcadero ramp on highway 101. >> you can't see when you are coming around the turn. i would like to see what's going on, on the other side, too. >> on its website, caltrans says it expects the vegetation controlled project to continue through the summer. they say getting rid of weeds eliminates fuel for grass fires and now that the weather is getting warmer obviously that's the next thing we will have to contend with. down the road, hopefully. not too soon. >> right. because of all that rainfall, we still are holding onto some of that moisture in the

vegetation. but the weeds, a lot of communities have those abatement requirements. starting in june. try to get the weed whacker ready to go. we are getting so lucky. this cooler system in the pacific. that will keep us from getting into the 100s. so we still warm up from this area of high pressure, but thanks to that cooler system, no hundreds coming our way. let's take you to the micro climate forecast. tuesday, forecast already over. that monday. thankfully. right? okay. and as we started off tomorrow morning, we get the clouds back at the coast. also notice some low clouds here through the north bay. contra costa. alameda counties. right over here toward san mateo county and parts of the south bay. then we see most of this clear back through tomorrow afternoon. if you are headed to the beaches expect the fog to linger. temperatures tomorrow morning, we can deal with this.

lots of 50s to begin. 53 in the peninsula. have you coming in at 53 in san francisco. and 51 in the north bay. daytime highs tomorrow on a jump of five to ten degrees but it will be manageable. we will stay out of the dangerous level. all in all, a nice may day for us, 91 antioch. head closer to the water. 75 in oakland. the peninsula chilly, 6 1/2 moon bay. san francisco, no 70s but we will warm up here to 67 in the mission. 61 in the marina. let's move it to the north bay and everything from 77 in mill valley. 62 in bodega bay. 86 santa rosa. 90 at clear lake. on the seven day forecast, you'll see how this trend stays very steady in san francisco. morning fog, afternoon sunshine. temperatures in the 60s next seven days and for the inland valleys. while we are warming up the

next couple of days, then, we will drop it again. that's what will make the weather perfect here. thursday, friday, saturday. we are right there at 82 on sunday's forecast. they call it chamber of commerce weather earlier. it is pretty much perfect. >> it actually is. >> i was sneezing a lot over the weekend actually. that pollen. i got hit hard. up next t chance to rename up next t chance to rename a street in oakland after ♪♪ alexex! mateo, hey y how's busisiness? alexex! great. y you know ththat n has s really wororked wonder. thatat's what u.u.s. bank isis. great. y you know ththat n has s really wororked wonder. and d you're grorowing in calififornia? great. y you know ththat n has s really wororked wonder. -yup, , socal, nororcal... -monteterey? -all d day. -a brancnch in ventutura? that's's for sure-e-ah. atms in n fresno? that's's for sure-e-ah. freses-yes. that's's for sure-e-ah. encinitatas? yes, indndeed-us. encinitatas? anaheim? encinitatas? big g time. encinitatas?

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bank executives are expected to get grilled on capitol hill. >> plus, how police in the east bay are helping ease our climate in crisisthe climate crisis. join us tomorrow morning. 5:00 to 7:00. a dramatic helicopter rescue on mount diablo. part two. second one in a week. rescuers air lifting a injured hiker to safety. the hiker fell more than 100 feet in an area known as the devil's pulpit. the hiker, a woman, was stuck in an area that was really difficult to get to. but a paramedic managed to get to her. the hiker is hospitalized with

some major injuries. all right, happening tomorrow. the oakland city council will vote on whether to rename a stretch of mac arthur boulevard in honor of hip hop artist tupac. he was raised in marin city and in baltimore. but launched his music career in oakland. in 2016, city officials in oakland dedicated june 16th every june 16th as tupac's day. the resolution to rename the street in his honor celebrates tupac for his contributions to art and social outreach. that should be interesting. we are back in a moment to check in with what the as did toght. alsoni,

all right, not much we can do about it but watch it unfold. the as say they are serious about moving to las vegas. and it seems like they are serious. >> they are serious about moving to fremont. san jose. but they do have momentum in las vegas. they have a new land agreement

in las vegas. at the tropicana hotel. as and diamondbacks. 2,064 fans tonight. 2,000 fans. the lowest attendance for an as game since 1979. as first baseman ryan noda, between the legs to get the out at first. not many highlights this season. but at least we can smile about this one. but the as lose to the diamond backs tonight. at china basin. one of the few time this season or every season that the as and the giants are both at home. michael con toe swinging a big bat lately. a three-run homer here. giants looking sharp. they beat philly. final score of 6-3. when you make that bet before the game, it's often fun. now you have to pay up on the bet. vice president kamala harris.

bet for the warriors to beat the lakers. her husband is an la guy. so the loser had to don the other team's jersey. here she is at a residence in washington dc with a laker's jersey. she cracked a little smile there. >> is she wearing it under her blazer? >> she looks stylish. [ laughter ] all right. >> when i was his age, we had to be inside to watch live sports. but with xfinity, we get the fastest mobile service and can stream down the street or around the block! hey, can you be leless sister, more car? all right, let's get this over with. swititch to xfininity mobile and geget the bestst price fofor 2 lines s of unlimiti. justst $30 a linine per mon. i should g get paid more for t this. you get t paid when n you wi. from xfifinity. homeme of t the 10g netetwork.

scientists with the u.s. navy have trained marine mammals to play video games. >> why? okay. check it out. this is spike. one of the three sea lions train today play the game at a sea pin in san diego. spike uses his nose to push the buttons and directs the curser through a maze. part of the research on cognitive abilities of marine mammals. they are also doing tests on dolphins. the dolphins control the game. joy sticks with their mouths. >> pretty interesting. >> now we have to see if their mommy mammals are putting any like child controls on them. how many hours they can play. >> phenomenal. i just don't