this is cbs news bay area, with reed cowan. breaking news at 3:00, we just got the surveillance video the deadly shooting in a walgreens case. why the da say

the video supports her decision not to charge the guard who fired the gun. let's go to the east bay, the oakland teacher strike is over, what we are learning abou the deal with the district, and what it took to get it done. san jose's mayor outlined his plan to end san jose's homeless and comments and fight homelessness in the bay area. let's get to breaking news righ off the top. the video a lot of you were calling for to be released in the deadly shooting at us and for cisco walgreens, and markovic has been looking a the video, this is a big one. >> reporter: the da released the full insert investigation report into the death of danko brown. we want to warn you, yo might find this video difficult to watch but you can see brown in this video, in the white shirt and the security guard i dark clothing, they are scuffling at one point, anthon

has brown pinned to the ground. he lets them go, then there is another confrontation, right i the doorway. that is when, nearly a minute into the confrontation, you are about to see, that part, anthony is going to shoot brown? you can see there is a scuffle, according to the security guard at several points in this scuffle, brown tells him that h is going to stab him. so, jenkins goes on to say that , based on her offices investigation, they determined that anthony acted >> we have to decide whether or not we have sufficient evidence to prove this case, the 12 jurors beyond a reasonable doubt. it was our conclusion that we did not have such evidence which is why we have arrived at this decision. >> one of the main reasons the

das office settled on self-defense, is based on anthony's interview with homicide investigators. brown was starting to stab him and keep in mind, during this interview you are about to hear you will hear brown ms. gendered, because he was a transgender man who police additionally identified as a woman. >> once i let go, once we were wrestling, she said she would stab me. that is what really put the fear in my heart. multiple witnesses say brown spat on the security guard. the guard claiming he thought brown would attack him, which is when he fired the brown, the gun at brown, who was outside of the store. police never found the

das office is lying heavily on the security guard interview, and witness statements. a number of rallies have been held, demanding the security guard be prosecuted, they have also been calling for limits on armed security guards at illnesses like walgreens and they want sentences go to inves more money into black and tran youth. we have reached out to the young women's freedom cente where brown was an intern. we will let you know when we hear back from them. supervisor walton sent out a statement, after watching the video himself, he said the security card had the upper hand the entire time and even said he was letting brown go in the statement as released by the da where is the perceived threat, he asks. he questions the das decision to not charge any arme security guard, calling open season to shoot black and transgender people for alleged chaplain. he is calling on

california's attorney general and the u.s. to do justice to onthe. leget a legal perspective on this. attorney stephen clark joins me once again on the 3:00 outcast, thank you so much. the decision, today, not to charge the security guard, having see the video, what do you think? >> certainly, that video leave more questions than answers, because it does not clearly demonstrate self-defense by th security guard. i think that is why the district attorney is so quick to point out that the decision was not made based on this video, but on the entirety of the event. >> what would you have to hear in the video , you know, if the video had audio, what would you have to hear from the security guards testimony , to land wher the district attorney is landing, with no charges? >> imminent threat of immediat serious bodily injury or death, that is what the security guar felt with would happen, and

that is what you implement deadly force but you have to remember, this was a property crime. mr. brown is now outside of the store, and he is not threatening with a gun, he does say apparently i am going to stab you, but at that point, th security guard is several feet away when he deploys his gun an fires directly into mr. brown. so, i am very surprised that this video daggd, cause, re, look at this video, there is a lot that went wrong here on behalf of the walgreens security guard, starting with the fact that he tackled mr. brown, he put him i a choke hold, he is holding the on the ground, he uses a very high level of force to stop a shoplifter. and, i think you will see a civil lawsuit that i the result of this, against walgreens. >> what should have happened? w do see brown taken to the ground, we do see what appears to look like a chokehold. brown is able to get away, then brown leaves the threshold of the store. what do you see

happening, there, that, if you were defending this case you would bring to court? >> certainly, when mr. brown is now outside of the store, he appears to be leaving the store , the utilization of deadly force is very problematic under those circumstances. and, i think that you could see expert on both sides of this case , a to whether this is an appropriate use of deadly force but, from the district attorney office, who has the beyond a reasonable doubt standard to deal with, they felt they would not get 12 people to convict th security guard under these circumstances. you have to question whether it should have happened at all. should this happen over the stealing of candy , leading to a death. i think that is what will be examined here. this shouldn't have happened and is a tragedy. >> the da says that she release the video, not because of the pressure from the city, but

what is the for and against, i you are releasing the video or releasing the video? >> this is transparency. she said she is committed to transparency and i think that she did the right thing. she also coupled to the release of the video then with just the video that went into the das calculus not to file charges, i was these threats that mr. brow had made to the security guard, and that was very important in the security guard interview with the das office, and law enforcement was also key. it is important to release the entirety of this case, so that citizens can understand why the da did what she did. but, certainly, this video in and o itself is not the answer to thi question, as to whether deadly force was justified under these circumstances.

>> attorney stephen clark, than you so much for waiting in. we brought you the das news conference live on our streamin service, cbs news bay area, which you can watch anytime, anywhere, on the cbs news app. we know a lot of you are having questions about this. outright anger, we will have more legal analysis and reaction to the release and the content of the video on our evening additions at five and six. we hope to tun into keep that community conversation going. this has been another community conversation, right, the oaklan teacher strike that we are glad to tell you it is over, class will be back in session, tomorrow. >> in addition to a historic raise for our teachers, we have deepened investments in the visual and performing arts, an have provided additional planning time and collaboration >> after much discussion and debate here is where this land. most teachers kids in oakland will get a 15% raise. the district will be adding librarians over there, more school counselors, and school

nurses. some of the biggest win came on those common grant proposals we have been talking about for several days now, the include a task force to talk about reparations for black students, a new model for shared decision-making, and the say a commitment to help students who are homeless. >> as a longtime resident, there are things that needed t be done districtwide, as far as fairness, and especially for like, black students, reparations, and equality acros the city, including equal pay for the teachers. >> district officials said, today, they don't plan to add more days to the school year. the teachers union will be speaking later this afternoon about that. we will tell you what they had to say, coming up on the evening edition. matt mahan defending his homelessness plan, he really wants to clear and cabinets ove here along coyote creek and mov funding from permanent housing projects, to once again build temporary shelters and housing sites. >> we have aim redesign of

thousands of people living in tents across the city, dying prematurely. >> the mayor is facing opposition from some homeless advocates, who say people are being moved out of those in cantons, too soon, with nowhere to go. still ahead, the safety is top concern for people who ride bart. we will hear from a board member about what is holding them back from having more officers. coming up in the first aler forecast, we are looking out over walnut creek. it is a perfect 76 out there right now. 10 degrees warmer tomorrow, and for some of us that means we are going back

welcome back, everybody, ridership on b.a.r.t. is still down compared with endemic numbers, get this, according t a recent survey from the bay area council, safety is still a big issue on art and could be one of the reason why so many o you are not coming back to ride in fact, only 17% of riders actually felt safe riding b.a.r.t., and 79% said they feel more comfortable riding b.a.r.t. when there is a uniformed police officer present. we asked b.a.r.t. boar

member deborah allen if we coul see more police presence going forward. >> i certainly hope so, but it will take a lot of y,lot morer work than ever before to bring our officer numbers up to where they should be. right now, we only have about 100 police officers working patrol in our system , after we account for leaves and vacancieand that is really only about 40 officers on duty at any point i time, it is less than 50% of what we should have, and it is the lowest level of officers on patrol since i have been on thi board. there have been some things we can do to increase th police force but it takes time and money. we certainly need to address our officers pay, to bring them up to be competitiv with the rest of the bay area. and, we are looking at some ne incentives, and you know, we have to address police officer morale .

>> under a program approved in 2018, b.a.r.t. will be adding 19 new officers every year, bu allen says that program was on of the first things cut when the pandemic hit in 2020. we reached out to a b.a.r.t. team member for response but so far we are waiting to hear back. let's rin county, where they are hoping to preven overdoses by providing narcan a five free vending machines in marin. narcan is a potentially life-saving antidote administered in the throes of one of those overdose episodes, as a nasal spray, many people said it could save lives. the free vending machines are in san rafael at the county jail lobby, marin health and human services social security services courtyard, also the ritter center and marin health and wellness campus also out o point reyes station at the community resources center. first alert weather now, yosemite has closed several campgrounds due to snow melt. starting today, people will no

have access to lower or north pine campgrounds, more closure are possible. let's look at our forecast on monday with first alert meteorologist darren peck >> in light of that story i wan to go to the live view right now, which you can do whatever you need, thanks to the yosemit conservancy over there, they ar the folks that operate the camera and do so much of the necessary work. but, they have made that a fund available at any time. if you want to get bit of a forecast on that, if you look at the black line goin across, that way the line, but the straight-line is flood stage. 10 feet. this is why they have closed those campgrounds. when the river get to 10 feet and start flooding cantons. when the river gets to 12 1/2 feet high, which the forecast has a doing, perhaps, right back out here as we get t thursday or friday , then, it i high enough that it start flooding some of the roadways,

and that is when they close the valley. the park service is no saying that will happen for sur or that it is necessarily a course of action they will have to take, but it is possible. th one campground that is still open , that one is still pretty big, but it is only one of thos free major campgrounds. you go inland, san jose, the number is 11 degrees warmer. 74 degrees right now for san jose and for today's daytime high, san jose at 75, pretty much at your daytime highs. this is the time of day where we hit it, really between now and about at 4:00. santa rosa at 75. those numbers are all pretty much average for this time of year. let's take those and advance them into tomorrow, you can see the deeper shades of red showing up over here. noticeably warmer, tomorrow, and by that point now nearing 90 for inland values, concord goes 288, 84 in santa rosa. that is the top, it will

be noticeably warm and you can see how we play this forward. the marine layer does show up, it will not be as widespread as it was today. let's look at th seven day forecast, pattern for everybody, start out with oakland first, there is a warming trend here, but, you ar just going up to the lower and middle 80s for north bay and south bay valleys and then you will start to cool back down, s that by the time we go through the remainder of the week, temperatures fall to a much mor agreeable location, sentences g and oakland we will get you in here now, you will not see a dramatic a change as when we look across these two. 75 in oakland, tomorrow. the warmest inland east bay valleys will definitely get to the valleys, most is in the 70s or 80s, but we stay hot. still ahead, a second chance for a former inmate. >> i got back up and got on tha path. 20 or 30 years ago.

>> he is doing it, moving acros the graduation stage onward and upward , after 20 years behind bars. remember, you can watch u anywhere, anytime on our streaming service, you can catc all of our live broadcast plus news and weather updates

welcome back. you will be hearing a lot of graduation

stories in the coming weeks. this one is a little bit different. a former inmate just got his degree at cal state eas bay after spending 20 years in prison. as john ramos reports, it is all things to a program called project rebound. >> reporter: family members too their seats and the graduates lined up for the procession. at the head of that line, was forrest jones. but, as the university president welcome to the graduates, she might have been speaking to forest directly. >> i am sure it was hard for yo to imagine this day would come, but here it is. >> reporter: forrest was convicted of stealing a vcr. but, under the three strikes la was sentenced to life in prison while in san quentin, he joined the prison newspaper and began writing about the inequities of that law. in 2012, the people voted to change the law to appl it to only violent offenders, and in 2018, klein was released after spending ba got back that noi

am on e road that i ld have be ago. >> welcome to cal state east bay under a project called cal state rebound which offer support and housing for the formerly incarcerated. now, m,e rrest was the first to get his diploma. >> i am excited, because i reached a milestone. the last degree that i earned was 30 years ago, that was my associat in arts, and i always wanted the next step to receive my bachelors and finally, i made it. >> reporter: he is not the only one. alex harris was also graduating through project rebound, even if it seemed hard for him to believe. >> it seems hard to believe i'm standing here getting my bachelors degree. so, it is like, you know, it makes me think, what else can i do? >> reporter: the project has been around for decades, but this is a first for cal state east bay , and its director say

it has been inspiring to see th way that the two men have responded to the opportunity. >> these people are so interested in an academic life and it has veonus see the unsit rres stng fos masters degree, it has been a twist of fate he could not have predicted. a man serving life in prison, now aspiring to a life in academia. >> my hope doctorate. i want to become a professor at cal state. >> do you have any doubts? >> i don't. i'm a pretty competent guy. i believe i can do anything, right now. >> at one time, forests life seems to be over, but thanks to some help from strangers, his dark days i now just one chapte in the story, with so much more to be written. >> congratulations to him. coming up, striking for better pay. but, find out what else some hollywood writers are hoping to find on the picket

lines. >> we know military families sacrifice so much. but, did you know that when they move, their spouses have trouble finding work, because of red tape ?

coming up at five, studies show asian americans are the least likely to seek healthcare of any ethnicity. as we mark

aapi heritage month, we hear from a bay area family that has made it their mission to change that, and make it talk about these things. that story and more coming up 5:00. the hollywood writers strik is entering week three a love connection on the picket line. >> we to indicate if they are interested in men, pink if they are interested in women, purple if that does not looking for, other, open, all that stuff. >> this is perfect for us. we get to go out, make it like we are supposed to and maybe meet the love of our lives. isn't every story about love? >> well, if they end striking maybe the can turn it into something. it worked for one couple, maybe they can be the stars. limit on the picket line during the 2007 writers strike, and eventually they got married when they get back in the

writers room that might be the first workshop. >> you are both out of work at the same time, so that has some benefits but then, ♪ ♪ >> norah: tonight, we are following a number of breaking stories including a mass shooting that left at least three data and multiples of th sts an update on their conditions. here are tonight's headlines. the details after the shooter is killed at the scene. >> right in front of the church. >> mexico are down 50% since title 42 ended last week. >> norah: a man with a metal bat attacks congressional members, going on a rampage. >> someone can just start swinging.