Nobody could do a damn thing about him. I started cussing him out. They were having a peaceful protest. Reporter she started a cell phone recording. Reporter the police trained their riot guns on her windows and fired. Reporter she collected 13 projectiles from her apartment. Rubber bullets and pepper stray pellets. Surveyed the damage, the gash in the bawall and broken blinds. Chante thomas was engaging in a protected activity. She was filming the police from her window. Reporter the San Jose Police chief declined interview, but someone was throwing bottles and other objects from that building and police had to protect themselves. Chante tells me she was homeless for years, and that she wouldnt do anything to risk losing her apartment. Were you throwing anything . Hervell, no. Im not going to try to lose my house. If i was going to throw something i would have. But i didnt throw nothing. Reporter a team from the Mayors Office helped clean up glass. The mayors Senior Policy Adviser wrote all of the glass was window glass, none of it was the color of beer bottles. I would have to agree with statements from people that said they saw beer bottles being thrown. The mayor declined interview but called for a ban on the use of rubber bullets. Do we really need these . Do we really want to have foam or rubber bullets used in a dense, crowded area . Reporter this afternoon, San Jose Police sent a statement. They say they have video of a Police Helicopter of bottles coming from that building. They say the video is going through the approval process. Dan, thank you. New at 6 00, we have an update on a story about a woman accused of intentionally coughing on a 1yearold boy at a yogurt land in san jose. This is new video of the incident just released by the San Jose Police department. Look at the right side of your screen. The woman seems to point to the ground, then approaches a mom standing with her son in a stroller nearby. Watch as the woman just pulls down her mask and then she coughs two to three times in the babys direction. Police say the woman was upset, believing the mom wasnt maintaining proper social distancing. Also new at 6 00, the statue of father sea words monument o were spray painted. He was a major figure that brought catholicism to california. A possible noose was found hanging from a tree at the sonoma raceway over the weekend. It was discovered by an employee and the Sheriffs Office and is now investigating. Yesterday, a noose was found hanging in the garage stall of nascar driver Bubba Wallace in alabama. Wallace is black. Nascar recently banned the Confederate Flag from all of its events. Surrounded by social justice activist, supervisors announced a declaration today of racism as a Public Health crisis. Kris reyes explains what that means. Reporter this is the beginning of the conversation. And its a good start. And the community would like to see it go further and assure that we have more than just words on paper. Reporter black Community Leaders took the podium one by one to hold accountable santa clara county. Board supervisor cindy chavez and david cortizi joined the group in solidarity, armed with two declarations. The first, official support for black lives matter. The second that racism is a Public Health crisis. Were committed to equity, to justice, inclusive collaboration, with the black community. Reporter the declaration presents an 11point action plan to address racism as a Public Health crisis. It includes policis with hiring through a Racial Equity lens, train elected officials and staff on workplace bias, promote policies that prioritize the health of people of color. Its the most come prehen sich plan in the countys history to address racism, putting an 8 billion budget behind making institutionalized reforms. Activists who spoke today say the last thing they want is fake alliship. There are people in this building, elected officials who will come down and take a knee with you and then go inside and vote against your very interests. Dont fall for it. Reporter they listed off demands from repa rations to defunding the police. His proposal will be presented at todays board of supervisors meeting, along with additional actions. I think by the time july and august are over, this group will see a whole lot of changes here if santa clara county. I think its just time we understand that we know youre just talking. We want to see the action, the change. Reporter kris reyes for abc7 news. Building a better bay area means taking care of our health. The governor says the state could revert back to a strict stay at home order if theres a surge in coronavirus cases. There were 46,000 reported cases in the last two weeks, more than a quarter total of all infections since march. Part of that is more testing, but hospitalizations are also up. A week ago, we saw a modest increase. But this week, we have experienced an increase that, when you stretch it out over a 14day ban, has gone up by roughly 16 . Governor newsom says this shows the need for people to follow the statewide Face Covering order. San francisco plans to move up the next phase of reopening. Starting just a week from today, hair salons, tattoo parlors, massage establishments, museums, zoos and outdoor bars will be allowed to reopen. The city adds as long as the state approves San Franciscos request for a variance and Health Indicators remain stable. It is very difficult to keep track of what is open and where. So go to abc7news. Com and check out this interactive map that tracks openings by county in the bay area. Complaints are mounting across the bay area about dangerous, illegal fireworks being set off nightly in neighborhoods. Leslie brinkley dug into those complaints and whats being done about them in the east bay. Reporter in alameda county, the neighborhood fireworks are bigger, stronger. And louder than in years past. Thats what weve been getting a lot of complaints on, not just the volume, but the force of the explosions that people are hearing in the community. And a lot of those are launched into the sky and launching them more horizontally instead of vertically. So were see progreing projectio neighborhoods. Reporter the area is littered with the weekends firepower. Why worse this year . Law enforcement officials are guessing people are bored. We believe a lot of the fireworks got into the state because a lot of our resources were deployed elsewhere. Reporter covid19 and civil unrest were contributing factors. Enforcement has been a challenge, too. Officers are enforcing someone on one block and its happening five blocks down. Were going the reach out to our community as we continue to reach out to find solutions to lesson the illegal use of fireworks and the celebratory gunfire. Reporter also, fuelling the sale of illegal fireworks are canceled fourth of july shows. We just couldnt chance the crowds that would potentially come for a fireworks display. Reporter parks in dublin are banning all fireworks this year. Reporte you can only use fireworks at your Single Family residence. Repte szing more any reason, especially a wildfire thats caused by fireworks. Reporter leslie brinkley, abc7 news. Coming up next, the iteam is tracking down money donated to a woman who lost her father in an accident when she was a little girl. Nw that she needs the money, she cant get acces to it. Im spencer christian. Hot weather coming our i didnt choose this exact type of metastatic breast cancer. But i did pick clarity by knowing i have a treatment that goes right at it. Discover piqray, a treatment that specifically targets pik3ca mutations in hr , her2 mbc. Piqray is taken with fulvestrant after progression on hormone therapy and helps people live longer without disease progression. Do not take piqray if youve had severe allergic reactions to it or any of its ingredients. Piqray can cause serious side effects, including severe allergic and skin reactions, high blood sugar levels, and diarrhea, that are common and can be severe, and pneumonitis. Tell your doctor right away if you have symptoms of severe allergic reactions or high blood sugar while taking piqray. Your doctor will monitor your blood sugar before and during treatment, and more often if you have type 2 diabetes. Before starting, tell your doctor if you have a history of diabetes, skin reactions, are or plan to become pregnant, or breastfeeding. Common side effects include rash, nausea, tiredness, weakness, decreased appetite, mouth sores, vomiting, weight loss, hair loss, and changes in some blood tests. Ask your doctor about piqray. If yoyoull get 2 vyears or 20,000 miles of scheduled carefree maintenance. 3 years or 36,000 miles of 24 7 roadside assistance. 4 years or 50,000 miles bumpertobumper limited warranty. 5 years of connected services. And for 6 years you wont have paid any interest. Down the road, youll be grateful you bought a volkswagen today. When we closed our wynn committed instantly to keeping all 15,000 team members onboard. We then focused our fivestar level of service to all who needed it. We made improvements to peoples lives. We strove to be better and we made people happy. This closure may have temporarily taken us out of wynn and encore, but it couldnt take the wynn and encore out of us. And now, we are proud to welcome you back. That could mean an increase byin energy bills. You can save by using a fan to cool off. Unplugging and turning off devices when not in use. Or closing your shades during the day. Stay well and keep it golden. Tonight, the abc7 news iteam is investigating complaints at least 26,000 raised for a young girl to go to college has yet to be delivered. Iteam reporter is tracking down that money donated a decade ago. Reporter breanna west is holding on to a picture of her late father, joshua. I miss him so much. I do. Reporter the avid cyclist was struck and killed by an unlicensed driver in 2010. Im getting emotional. Sorry. Reporter painful memories for breanna. Being only 7 years old at the time. Such a painful, tragic loss. Reporter after the accident, Margaret Petros stepped in to ensure breanna was in good hands. She was pleased to see a close family friend, ashley cushman, set up a Memorial Fund in honor of west. All funds will be sent for the 7yearold daughter. Thats breanna west. Reporter reports indicated donations would be sent to a pay pal account or to a wells fargo account. The family says in the weeks after the accident, they were told at least 26,000 was raised for breanna. Then, weeks after the accident ashley was nowhere to be found. How many times did you try to reach ashley . I would say ten times, emails, texts, phone calls. Reporter she said she is being told the funds are kept for breanna until she turns 18. Did you believe her . I believed her, but i wanted proof of that and did not get it. Reporter in 2015, an attorney sent this letter to cushman, seeking to confirm if a constructed trust for the donated funds was created and if breanna was made the sole beneficiary. When she did not respond, it was over for me. Reporter breanna turned 18 this past may and recently got accepted to washington state, hoping she could use the money to help pay her tuition. But she had difficulty reaching cushman. After a month of reaching out, cushman requested to hear from breannas lawyer. She is even refusing to meet with breanna. Reporter we reached out to cushman for an interview but didnt hear back. We later showed up at her home and spoke with her husband. I am her husband. Do you know where the money is . I need to go back to work im working from home right now. But like i said its a simple question. The account was closed several years ago. Im telling you right now, i dont know. I have not heard anything. I know that the money was in the bank account as far as i know. Reporter cushman claims she hasnt spent a dime, but has yet to show proof of the funds in the account and subsequent interest accrued over the past ten years. The paypal account no longer appears to be active. It breaks my heart. My dad wouldnt want that. Reporter since our attempts to interview ashley cushman, shes promised to transfer the money owed to breanna. Of course, well stay on top of this story to make sure that happens. We are learning of an important investigative decision in the case of a Vallejo Police officer who shot and killed shawn montrosa. This as victims of mofamilies iteam reporter Melanie Woodrow has this story. What do we want . Justice. When do we want it . Now. Reporter if these families didnt know each other before, they do now. Were all members of a club that nobody wants to be a part of. Reporter each connected in some way to a person a Vallejo Police officer shot and killed, all demanding the District Attorney prosecute the officers or recuse herself. Just letting them know were not going nowhere. Reporter in 2018, police shot Ronald Foster in the back. She says because he didnt have a headlight on his bicycle. The Police Department said foster was about to attack an officer with a police officer. Thats how you teach somebody by killing them . Reporter the d. A. s office found the use of force justified. In 2019, officers shot this man more than 50 times at a thri drivethrough. He appeared to be reaching for the gun as he woke. The d. A. s office has still not made a decision about the case. We know 15 months has gone by. The family should have a right to know whether youre going to do this or not. Reporter the newest members of this club, shawn montrosas family. We wanted to take a week off, but theres no time to take off. Reporter the Police Department says montrosa dropped to a kneeling position and placed his hands above his waist, revealing what the officer who shot him believed to be the butt of a hand gun. It turned out to be a hammer. The District Attorney tells abc7 news the Attorney Generals Office recently declined to conduct an independent reviewse. Amil did n access to the d. A. s office today without an appointment. In an email statement, the District Attorney said ill be here every day if i have to be reporter in fairfield, Melanie Woodrow, abc7 news. A verbal assault toward a transgender teen is shedding light on discrimination. Dion lim introducesto s us to a young man who hopes this viral video serves a lesson to others. Theyre degrading me, which was obviously incredibly traumatic. Reporter all 17yearold jasper wanted to do was place pride tags around this park in fairfax. But when he came across a bake sale benefiting the black lives matter, he noticed this couple harassing people, and stepped in to diffuse the situation. [ inaudible ] hatefilled speech spewing from a man and woman. Continued to call me lady and sweet heart. Is even though i said look, im a man. She continued to laugh and point at my crotch and laugh at me. Reporter the incident, which was recorded by a friend, soon went viral online. Thats none of your [ bleep ] business. Reporter farris Police Stepped in quickly and identified the couple and the incident is now under investigation. They say this type of hate will not be tolerated in their community. So when we see this, it upsets our community specifically, because the Police Department and the community in general, we all get along. Reporter police categorize what happened as a verbal assault and will determine if this constitutes a hate crime. As jasper reflects back on his hisld hoold, playing in bay areas diversity, this type of behavior happens far too often. We need to stop pushing it under the rug and turning our heads away. That was my main goal with spreading it as far and wide as its gotten. Reporter and shares this powerful message with anyone who witnesses discrimination of any kind. The most important thing is people need to realize that, and ask themselves what can i do to be better . I need someone to stand up, you know. If you dont stand up when thats happening, when the person being attacked isnt there, its going to continue. Reporter in fairfax, dion lim, abc7 news. On abc7news. Com, we have resources for help with human rights and bullies issues. Go to abc7news. Com slash takeaction. Spencer says expect an entire week of warm weather. This virus is testing all of us. And its testing the people on the front lines of this fight most of all. So abbott is getting new tests into their hands, delivering the critical results they need. And until this fight is over, we. Will. Never. Quit. Because they never quit. S heres a first full week of summer. Spencer is here to tell us how hot it will be. Youre absolutely right. First week of summer, quite summerlike. Right now, light breezes across most of the bay area. Surface wind speeds between 12 and 18 miles per hour. Not having much on the temperatures right now. On the temperatures right now. Up in the north bay, napa and santa rosa are a few degrees cooler than this time yesterday. Current temperature readings, 62 in San Francisco. San jose, 85. And a cool 59 at half moon bay. Northward from the golden gate bridge, 75 in santa rosa. Napa 72. 82 in petaluma. 91 in fairfield. And upper 80s right now in concord and livermore. On we go with a view from our roof top camera in San Francisco. Looking across the embarcadero, fog will expand overnight. Its rather prominent at the coast. There may be some patchy, Early Morning drizzle. Just a little cooler in most and the heatw, but quite warm builds midweek and will continue through the remainder of the week bringing the risk of heatrelated illness. A huge ridge of High Pressure building offshore, that will be the controlling feature. So heat is building up inland, especially in the central valley. As a result of that building heat, the heated a v ed a ved a effect through saturday. Thats quite a lot in the northern most part