Girlfriend. Pesas friend. Saelee grabbed a gun from the car and fire it. Emptying the magazine. Within of the round hit pesa. His Attorney Says his client was simply trying to protect himself against the group charging at him, hurling racial insults. He was acting in selfdefense against a, hate crime assault. Last april, the trial ended with a jury acquitting saelee of most attempted murder charges. But they hung on at tempted murder and assault with a firearm charge related to pesa. Then two weeks agoat judge released saelee while he awaits a new trial on the deadlocked charges. Da spokesman alex bastion. There was brain matter on the pavement as a result of the gunshot wound. And we were complete opposed to this release. Though on a gps monitoring device and other courtordered condition his release shocked and angered pesa and his friends. He spent 4 1 2 years in a, locked away, while i spent 4 1 2 years in, in this institution, bettering myself, and every day, trying to, improve myself, because of, the unfortunate circumstances. It is okay to go around shooting people and get a slap on the wrist. New trial date set for july. Vick lee, abc 7 news. New at 6 00, a shooting in oakland. Hours ago turned deadly. It happened before 4 00 p. M. At 512st and in the national boulevard. Sky seven shows you a white car, with the shattered back windshield. We note victim is a male. And no other information has been provided. We will bring you updates throughout the newscast as we learn more. We are working the story. Well this just in, more than two dozen people arrested in an undercover prostitution operation in san jose. Police spent three days last week, around oak street and south 1st street. The operation ended up netting 27 arrests. None of the suspects was a victim huf man travof human tra two teenagers the victims of a car accident yesterday. This Surveillance Video only on abc 7, shows the pickup truck rolling several times. The crash at 8 00 a. M. Yesterday, kept the area around park street and webb closed for ten hours. Abc 7 News ReporterLaura Anthony joins us live with details about the people who died. Laura . A very difficult knew month for High School Students here in the union city. They lost five young people in all. All to Car Accidents. Earlier this month. An 18yearold died on her way home from the prom. Today, they learned there were two more. She was very sweet, kind. Alicia, classmate of brianna ortega, one of two 17yearolds killed in the horrific crash. She made me feel welcome in high school. Didnt make me feel scared at all. Just very sweet. I wish everybody knew her the way i did. Brianna would have turned 1, june 12. Teacher linda thomas has known her for three years, saw her last friday when thomas says the teen was making plans to return to school. And work towards her diploma. She would have done Something Wonderful in this world. And im sorry we wont get an opportunity to see what her future would have been. One of seven people in the full size pickup it flipped multiple times on park street. Witnesses say the truck was going 50 to 60 miles an hour. Clipped another car and went airborne. He loved football. 17yearold, simon satella was killed. A sophomore. Played football freshman year. Didnt play this year. Was never prouder than when he was wearing the jersey. Five passengers in the truck remain in critical condition. It is not known yet whether they too attend logan. A school that is now lost four students to Car Accidents in the past year. We start off this school year with our loved ones, and start off as a family. And each day we are losing another students. Alameda Police Released few details except to say that speed was likely contributor. In union city, Laura Anthony, abc 7 news. Well, new at 6 00. Hens that provide the eggs that you eat will continue to have their own space. The u. S. Supreme court today denied a challenge to californias landmark egg sales law. Passed in 2010. It requires eggs sold in the state to come from Housing Systems that do not cruelly confine birds. Several egg producing states were trying to overturn the law. Abc 7 news i team helped expose the issue of the socalled battery cage for chickens back in 2008. Uber has fired its main researcher on selfdriving cars. Hiring was one reason why uber is being sued by google selfdriving car division. The lawsuit alleges, that he took thousands of documents when he left to found his startup purr sch purchased by uber for 700 million. The judge in San Francisco ordered uber to stop using any downloads and return the material end of the month tomorrow. This could turn into a criminal case. Closing arguments ended today for penalty phase of the sierra lamar murder trial. Jurors must decide if the killer will be sentenced to death. Our reporter spent the day in court. And is live in san jose to explain what happened there. The jury has started deliberations and they have a difficult decision ahead of them. Some may call it a moral decision. They must decide if the suspect deserves death or does he deserve mercy . The jury learned a lot of intimate details about 15yearold sierra lamar sitting in a courtroom since january. Reminded of the pain and horror her family feels still not knowing where her body is. Legal analyst, steve clark spoke about what the prosecutor told jurors today. Thats what makes this crime especially cruel and why the Death Penalty is warranted because this family never knew what happened to their daughter, and they still dont have the answer that they wanted which is where their daughter is. The suspect was convicted of kidnapping and killing sierra in march 2012. The deputy da reminded the jury, Garcia Torres showed no mercy telling them sierra, saw the face of evil and he was touching her naeked bo enaked body. Could have let her live. He chose not to. The da said life in prison would be rewarding him. The defense played on the sympathy showing a photo of garcia when he was five, grew up in poverty with a violent father and mother abused. Theyre going to say that there are still aspects of his life that are worth saving. And that he could still have a relationship with his children. And that the, it just doesnt make sense that he deserves Death Penalty. Reporter defense reminded the jury life in prison ensure hes will die in prison. That is punishment that never ends until the day he dies. Garcia torres is left waiting for what the jury decides. In san jose, abc 7 news. Now you can get caught up on the background of the case on our website. Abc7news. Com. Be first to know sentencing decision by downloading abc 7 news app enabling push alerts. Danville police set up a sting operation caught two burglars as a result. Home was burglarized saturday. Among the stolen items were two highend road bikes. The next day police found out one of the bikes was being sold, they siptet up a meeting and arrested two suspect. Did you get stuck on bart, delays lasted for hours after a series of problems. Check this out. A rare sight, spotted this empty escalator on the station during the morning commute. That doesnt happen often. Delays started with medical emergency at west oakland barlt. Then about 6 45. Richmond train broke down near the west oakland station. That slowed trains in both directions. And through the transbay tube. Bart had tracks cleared by, 6 20 this morning. A headache for commuters. This weekend. Bart will close down its newest station, so it can work on adding more stations. Warm springs in south free mont will close saturday and sunday. Bart will provide a free bus for passengers. Bart has a tenmile extension planned with two stations. Bart will install new software this weekend. Test trains to make sure it all works. This is the first of two weekend closures, the day of the second one not announced but we will palgs ate lo pass it along. In Florida Police responded to reports of an armed man at the orlando airport. The airport sent out the tweet. The incident in a rental car area. Police evacuated that section of the terminal have it surrounded with weapons drawn. Say the is contained there. It wont impact travel or operations. Stay with abc 7 for updates on the breaking news. The state is taking a closer look, new dublin water park, after the 10yearold went flying off the slide. Injuries were minor. Now cal oesha sha checking out thick lice one. Decision could give nearly 1 million to the teen tajer. Im spencer christian. Wind, 3040 miles an hour in the bay area. Show you how long the windy condition will last and when we can expect a warmup in a few minutes. And the cavaliers are here. Thats lebron james walking into a San Francisco hotel. Next, were live with a look at the cavs fans, living in w nation territory. Stay wit haurd to believe the 10yearold boy is okay. Thank goodness he is. State investigators a step closer to figuring out why this happened. Abc 7 News Reporter, Leslie Brinkley live from water park in dublin with the latest on the story. Leslie. Reporter well, investigators are scrutinizing many different factors. One of them is what they say is puddling around the exit trough, the other is what they are calling, the extreme angle, pretty extreme angle on the emerald plunge. Cal osha says many in california have 30 degree drops, its 80 degrees. Its all part of their investigation. The wave water park is closed on week days. But on saturday, the first day of its grand opening weekend, this happened. A boy, hydroplaned off the bottom of the steep three story speed slide, emerald plunge. He walked away with scrapes. The day before cal osha gave the green light and issued a permit after they sent the water park, corrected a long list of issues noted in an april inspection including loose bolts at the base. The permit came with one condition, they have to use county fire officials to inspect the slide daily until they properly train staff to do inspections and document the training with the state. As for the investigation, osha is zeroing on what they say appeared to be pooling on puddling of water in the trough at the bottom. Because that they have contributed to the accident. One of the things they will be looking at very, very closely. Does that apply to the slide like the emerald plunge at other parks . A great question. I have asked if there are other slides like this one at other parks in the state of california, and i am, waiting for a response. It is possible then that you will have to look at walter slides at other parks because of the accident. That may be the case. The manufacturer of this slide and many others, white walter west, issued a statement. Saying theyre thankful the 10yearold involved in the incident walked away without serious injury. And saying, theyre working with park officials at the wave, both their high speed slides have been shut down. Pending a full investigation from the white walter team. Thousands enjoy the new park over the weekend. It will reopen saturday, im Leslie Brinkley. Abc 7 news. Giant old oak tree came crashing down in walnut creek this morning. The huge tree took out power poles and lines leaving 2,000 pg e customers without power. Incredibly no one was hurt. Little property damage. The big oak missed an intersection. Mostly fell into the parking lot of an animal hospital. Workers there heard a cracking sound, just before that oak came down. Then i heard it again. I came outside. I was like, what is that . Then i look, i see the huge crack in the tree there. Im like, oh, no, the tree is going to fall. Some nearby businesses were without power for much of the day. There was no pizza. The ice cream was starting to melt. Apparent lely nothing stopped those. Cleveland cavaliers arrived in San Francisco today. Of course face warriors in game one of the nba finals thursday. Yeah, a game you can watch on abc 7 news. Abc 7 News Reporter, melanie woodrow, live outside the saint regis in San Francisco where the cavs are staying. Hey, melanie. Lot of anticipation for this one. Cavaliers arrived here just after 11 00 this morning to a small group of people. Looking for autographs. Some of them said theyre actually, warriors fans. You could say, its difficult to be a cavs fan here in the bay area. We spoke with aun earothers who them to feel at home even here. The Cleveland Cavaliers tweeting back to the bay. As the cavs deplane theyd stpd to take a picture. And kevin love, posted to instagram. This will be the third year in the row, the cavs and warriors face each other in the finals. As the buses made their way off to city. People like daryl king sr. , staked out the saint regis hotel. Here trying to get autographs. As the buses arrived, the cavs gathered their bags. Only the coach stopped to sign a basketball. Ive dont know. I got all these guys. Four day weekend. Most of these guys say theyre actually warriors fans. Same for the bus driver. Very nice. Not ready at all. Skpaused. After the fly. Since being a cavs fan can be lonely in the bay area, jordan wheeler who lived here 11 years, create the this Facebook Page to connect cavs fans locally. A little more than 270 people like and follow the page. This year we will win it on our own turf. Cleveland will be lit up like las vegas. Reporter prediction from a cavs fan living in w nation. In San Francisco, melanie woodrow, abc 7 news. Espn coverage of game one of the nba finals starts thursday, 5 30 here on abc 7. You can join us on abc 7 for an all warriors pregame show at 5 00 on your home for the nba finals. Tune in. A lot of fun of course. Go warriors. Update the weather forecast. Changed nicely today. Spencer christian and the forecast. Bit chilly, spencer. We have, a windchill factor right now. Breezy. Throughout the afternoon. Now into the evening. And through out the early evening hours, and actually into the Early Morning hours, we will see, winds, gusting between, oh, 20, 25 miles an hour. Across much of the bay area. Higher in some locations. Then we will see the wind, diminish just a little bit. Midday hours tomorrow. Only to intensify again in the late afternoon. Early evening. We still have a breezy pattern with us next day or so. Here is a look at, not live doppler 7. Current wind gusts. 35 miles an hour right now at sfo. 35 miles an hour over in fairfield. All around the bay area. You can see. Quite breezy, gusty. Now we are looking at live doppler 7. Not only clouds, and chilly conditions. We have some moisture moving in right now. Which will no doubt produce rather widespread drizzle. Some fog in isolated areas. Widespread drizzle during the overnight hours. Temperatures now on the cool side. Mainly in the up 50s, low 60s. Might find upper 60s in some inland locations right now. This is not our typical late mayweather. This is a view from emoryville. Cloudy skies. Forecast features. Drizzle overnight. Damp spots for the morning commute. See milder days, thursday, friday, summer like warmth will descend this weekend. Overnight. Drizzly. And it will, feel cooler than it actually is. Low temperatures wilt be in the mid 50s. Which is, actually pretty mild for overnight lows. But it wont feel that way. It will be damp out there. As you can see tomorrow morning. 5. 30. Morning commute under way. Have wet spots all over the bay area. Down the south bay. Long stretches of wet pavement. Highway 101, south bay. Peninsula, as well on interstate 280, east bay. Interstate 580, 680. 880. Long stretches of wet pavement. As will 80 from richmond towards fairfield. Generally damp across the bay area. May need extra time for commuting. Morning commuter. By afternoon tomorrow, well see sunny skies across the bay area away from the coast. And it will be, not too mild. It will be dry. We predict our rainfall total, wont amount to much. Generally under. 005. And highs will range from 50s at the coast. Upper sects. Low 70s around the bay. Upper 70s, in oakland. Now a look at the accuweather seven day forecast. Partly cloudy, breezy, cooler than average for two days. Warmup begins on friday. Through the weekend. Inland highs, mid 80s. 70s around the bay. Low 60s on the coast. And then heats up even more monday, tuesday. With summer like warmth. Highs up to 90 inland. Mid 60s on the coast. All right. It will be dry. All right. Thank you, spencer. Celebrate responsibly isnt just a reminder of booze. It could also apply soon to balloons. Explain how to avoid a to take advantage of this offer on a volvo s90, visit your local dealer. Announcer closedcaptioning brought to you by well, graduation around the corner. And mylar balloons part of many celebrations. If a bay area lawmaker gets his way, you may not be able to release the balloons much longer. Anchor kristen zee is here. Promoting balloon safety. And the assemblyman has introduced a bill to ban the release of mylar balloons in california. Why . Just take a look. Thats the best one. Yeah. That blows the fuse, causing an outage to an area. Mylar balloons on power lines cause 1900 outages in california in 2015. And last year, they sparked wildfires. That cost the state more than 3 million to put out. The assemblyman tried to ban their sales last year to no avail. His new bill wants to make it illegal for any one to release them anywhere not justsieve i civic events the law states. Later, potential. Into the ocean, it dissolves. Fish and and other organisms can eat it. Well if you choose mylar balloons consider the safety tips. Keep balloons tethered and attached to a weight how they are required to be sold right now. Puncture and deflate balloons before disposing of them. And, if a balloon is tangled in power lines, call your utility. The bill has just passed the assembly and now goes to the senate. If it becomes law, you could get a ticket of up to 100 for releasing a mylar balloon. Dan, ama . The Oakland School district, celebrating success. Found a way to keep kids in class. Next, see what other districts could learn from successful strategies in the east bay. House minority leader, nancy pelosi speck loe pelosi. Ahead on abc 7 news. Plus, more questions, changes and controversies sur announcer live where you live, this is abc 7 news. Oakland schools were among the first in california to track chronic absenteeism. Now their efforts have paid off. Tonight, the district will present their numbers and huh they have