Student. Oakland union fight says he smacked the student across the head a few times before dumping him out of his wheelchair. Now, the special ed. Student Francisco Martinez has cerebral palsy. It happened at Oakland High School on may 19. The district said the guard asked the freshman to go to class. When he refused, the guard handcuffed him and started pushing his wheelchair. After martinez spat in the guards face, the district said the guard snapped and attacked him. Now, despite the violent ak that, many students started a despite the violent attack, many students started a petition to bring back the Popular Security guard. They say the victim is a known troublemaker and provoked the attack. The boy spit on him. This would have never happened if the boy was in class in the first beginning. Spit something a crime. Students are envisioning themselves in the same situation but their situation is not equivalent to that of the security officer. He has a higher standard. He failed in the most dramatic way. Reporter i stopped by the security guards house today to try to get a response. But no one was home. The guard is 23yearold marcel mitchell. The district says he wont be coming back. He was fired right after the attack. Students say mitchell is a very popular guard on campus. In fact, when that student, the victim, showed up to campus this morning, other students confronted that victim and he had to leave school this morning. Live in oakland, im da lin, kpix 5. Marcel mitchell has made bail and is facing one count of child abuse. Oakland unified hired him back in november. A bart Police Officer will not be charged for the Fatal Shooting of a fellow officer. The officers were searching a dublin apartment in january for a man wanted for several robberies. Now, Sergeant Tommy smith and officers michael maes were inside but the d. A. Says they werent aware of one another. Maes saw a shadowy figure with a gun and thought it was an armed suspect and opened fire. It turned out it was officer smith. He was the first bart Police Officer to die in the line of duty. One week after the isla vista massacre, a california lawmaker has announced a Mental Health gun bill in washington. The legislation would prevent people who are considered mentally unstable from owning guns. The Legal Process through the warrant process to be able to take guns away from those folks to ensure that they dont do any harm to themselves or others. Last friday, a gunman killed six people in isla vista. The killers Parents Told Police that they were worried about their mentally ill son. This bill would give Law Enforcement the ability to intervene and remove any guns in situations like this. Legislation would also prevent those convicted of stalking and Domestic Abuse from getting guns. There are calls tonight to help elderly from being evicted from a historic assisted living facility. Kpix 5 reporter don ford tells us protestors say the move could mean life or death. Stay here and prevent the eviction. We have to save our elderly. Reporter another city hall protest. But this one is different. Save our homes now reporter Senior Citizens are being evicted from the University Mound ladies home a facility that has cared for the elderly for more than 130 years is closing. We have to find another place to live. Reporter really . Yes. Reporter thats going to be hard. It certainly is. Reporter 53 seniors must move out by july 10. Edies mother is one of them. She says the move would be just too much. I am literally fighting for my mothers life. I dont want my mother to die. I dont want her to have to move to another facility. Reporter the home released a statement saying, umlh leadership is committed to finding suitable living alternatives for current residents. As we mourn the last of this special community, we also hope to honor and celebrate our history. The board of directors says, the money has simply run out. The seniors and their supporters want city hall to step in. Supervisor david chiu says he wants to help. We are going to have to find some money and im happy to work with our colleagues and the mayor to do that. My daughter found this nice place for me. Reporter they will need a few hundred thousand dollars to stay open and theres only about 6 weeks left to come up with the cash. In San Francisco, don ford, kpix 5. On the bay area watch we are learning tonight that construction workers on the bartSilicon Valley extension project have found human remains on two separate occasions. It happened in october 2012 and most recently this past april. In all, the bones of 17 people have been found. Bart believes they are probably native americans. The Valley Transit Authority is in charge of the project and its working with the native American Heritage commission to respectfully handle those remains. A pleasanton teen got a nineyear sentence for crashing his car into a couple riding their bikes killing the wife. Police say 19yearold cody hall was going twice the speed limit when he lost control of his car last year. It happened along foothill road. 58yearold deborah heresvoort was killed. Her husband had a broken leg. Prior to the accident, hall took to social media to brag about his speeding. Prosecutors used his boasting in their case against the teen. A former tech ceo going after his old company. You may remember the story of [ indiscernible ] his story and his millionaire lifestyle featured on oprah. But he pleaded guilty to misdemeanor charges of Domestic Abuse after what was described as a brutal fight with his girlfriend. Afterwards, he was fired by radiumone. He says his board of directors broke a promise to support him if he took a plea deal. Music lovers are in wine country now to catch some big acts this weekend. Chopper 5 live over the bottlerock music festival. The event started last year and had a number of problems during and after the concert. Traffic and parking in the area was a nightmare. The festival itself went bankrupt and vendors left to foot the bill. This year, new organizers are hoping things will get a little smoother. Kpix 5s ryan takeo is live at the festival tonight. Ryan. Reporter hi, liz. Organizers from last years festival, they are out of here, new owners are in. They have already made some pretty drastic changes like cutting the festival from 5 days last year down to three this year. Last year there were a lot of complaints from neighbors because it was too crowded and the parking was an issue so this year the organizers, they have no parking all on this side of the street. We are going to show you some video of some of the traffic around here. Really hasnt been all that bad. We heard Horror Stories of last years event. A lot of complaints about overcrowding at the event and on the streets. But so far, its nothing like last year. I mean, as for a crowd in traffic, its a little bit less of a circus but its not as packed. Its not as crazy and hectic and chaotic. They dont have no place for anybody here to park. My neighbors. Reporter that neighbor did not like the crowds from last year particularly on saturday. Thats the main reason he doesnt want the festival back next year. Tomorrow is going to be the big test. Thats when organizers expect the largest crowd of the three days but they say they are selling fewer tickets than last years owners because they want more crowd control and a better fan experience. Live in napa, im ryan takeo, kpix 5. Still ahead, long lines of people trying to travel overseas stuck waiting for their visas. Why they have been getting the runaround for weeks now. Plus, getting guaranteed prime San Francisco parking for months, even years while the rest of us circle the block. The river of air known as the onshore flow rushed in overnight. This was the result, clouds, more clouds, more clouds heading from the golden gate toward berkeley. Any changes for the weekend . Will we see some sun . The answer next. , a , my dad worked as a short order cook. Right here. My parents were immigrants. And they taught me that with hard work, anything is possible. I earned a scholarship to mit. And worked across party lines to get things done. Im alex padilla. Ill protect Voting Rights for everyone. And make it easier to start a business. So we create jobs and opportunity for all californians. What should we order . announcer alex padilla. Secretary of state. Female narrator through sunday, its posturepedic through sunday, its posturepedic versus beautyrest with up to 400 off. Serta icomfort and tempurpedic go headtohead with three years interestfree financing. Mattress price wars end sunday at sleep train. Your ticket to a better nights sleep than just the i voted sti. Tonight the move to givey getting a little bit more than just the i voted sticker. Tonight the move to give away free medical marijuana for people who cast their ballots on tuesday. Kpix 5s len ramirez with the plan and the backlash. Len. Reporter we are talking about free pot for people who voted. You know, a lot of folks have been trying to get Younger Voters to turn out at the polls for a long time. But this is probably not what most people had in mind. Reporter people who buy pot at this san jose Marijuana Dispensary can run up quite a tab. But on a election day next tuesday, this club and others like it will be giving away pot for free. That is, if you have a marijuana card and prove that you voted. Its always good to be politically active for any issue not just this one. Reporter pot clubs have been feeling the squeeze from city hall and by coincidence, the city council is voting on tough new regulations on the same day voters go to the polls. These are the candidates recommended by the coalition. Reporter pot clubs endorse candidates considered cannabis friendly. To offer somebody a drug to induce them to vote doesnt seem right to me. Reporter city councilwoman and mayoral candidate rose herrera isnt on the cannabis friendly list. Im going to move to ban them. I think the county and cities are moving in that direction. Do we want to be the capital or Silicon Valley or the capital of marijuana central . Reporter perhaps nowhere is the issue more heated than at the Shopping Center on tully road where there are two dispensaries mixed in with dental offices. Dr. Victor enriquez called the giveaway a bribe. It highlights the fact its just a recreational drug. Reporter one 18yearold who just picked up hypotennesee marijuana wax didnt give him name but will come back tuesday. I might come back and get some free pot. Reporter the big question tonight is whether or not this pot giveaway is legal. The Silicon ValleyCannabis Coalition says it doesnt know for sure and neither does the city council. The San Jose City attorney is now looking into this. We should know by election day. Reporting live in san jose, len ramirez, kpix 5. The Silicon ValleyCannabis Coalition will decide on month which dispensaries can give out the free pot. They say getting there is half the fun. But for a lot of international travelers, just getting a visa is turning into a long miserable journey. And kpix 5s brian webb reports, its not over yet. My advice if you dont need to travel, stay out. Reporter before you can get to india 1. 2 billion indians in the world. Reporter youre going to need the proper travel documents but just last week, the consulate general hired a new company to process those requests and almost immediately, the system fell apart. Everything was massive. Apparently, those guys just lost me passport for the first couple of days. At the last minute they returned my whole the whole application to me without refunding the fee so now i have to start all over again with a new agency. Reporter that new agency cox and Kings Global Services has been overwhelmed by large and frustrated crowds. So today, they took control of the situation by turning away walkins and sending others here the indian consulate. I spent almost three or four hours in personal with the agency and now im here. Reporter and this is where we heard the real Horror Stories, travelers who cant travel i myself spend about 2,000 with Airline Cancellation fees. Reporter and those who had to travel just to untangle paperwork stuck in the system. Flew up to san diego to try to minimize the damage. Im my own courier even though i paid to be for the courier to do it. Reporter for its part, the embassy says its doing the best it can while the Service Provider catches up on the backlog. But there should be some they need some overhauling. Given the rush hour and the travel season, the [ indiscernible ] translating the agency to a new company. Reporter as for when cox and kings will have things straightened out. Monday will be better. Thats what he said. Promises are made. Reality is you see the line out there. This is my fourth day. Im waking up at 5 00 in the morning preparing victors lunch. My son is going to fall ill because of all this. We asked cox and kings for a comment when we visited their office today, we were told, quote, we dont want you here. Parking is not easy in San Francisco. Add big Construction Projects taking up prime curb space and you have a bigger problem. With the citys building boom, temporary no parking signs are popping up about everywhere. This home in the Richmond District near 26th avenue and california is taking up curbside spots six days a week. A neighbor says the sign has been there for four years. Its gotten very frustrating for a lot of us in the neighborhood. It doesnt make sense to the average person trying to find parking in their neighborhood. No parking Construction Zones have shot up around the city by more than a third in the past two years. A lot of building going on. The city says the Construction Zone permits have to be renewed every six months. If you like San Francisco type weather, that kind of cool cloudy kind of foggy atmosphere, youre in luck. We found it. Today was the coolest day of the month. I felt it, yeah. 58 degrees for a high today in San Francisco. Didnt feel very warm but a lot of folks come here from around the world. I want to cool off in may and june. You can do that here because we sit next to a very large air conditioner. We call it the Pacific Ocean. Heres a peek outside today. Were looking live at sfo in the background which has been cloudy all day with temperatures there only in the mid60s. What a change over 24 hours. Coldest day since april 25. Sonoma 71. Concord 75 was 12 degrees cooler than yesterday. Much cooler in oakland today. Yesterday you hit 77. Today because of the onshore flow, 14 degrees cooler. So something certainly changed. The fan from the Pacific Ocean has been turned on. Now, most of us did clear out. We had cloud cover in the morning. Id say 90 of the bay area got sunshine in the afternoon. The exception will be right along the coastline from bodega bay and point reyes all the way down to half moon bay. We have stayed cloudy or foggy all afternoon long. Kind of sounding more like summer, isnt it . The summerlike weather pattern will be with us for one more day. Low pressure sitting offshore piping in a southwest flow. Anything with the westerly component to the wind is considered an onshore flow. But its a southwest flow that gives us the most cloud cover and the most humid air. We had that today. Well have that again tomorrow. It will be a cloudy morning to start off your weekend. Then by sunday, things change. Low pressure moves out. High pressure builds back in. More of a northerly influence to the wind. That means earlier sunshine and warmer weather for the second half of your weekend. A lot of 70s out there tomorrow with afternoon sunshine including napa, santa rosa, concord and fremont. San francisco is only 62. Oakland 68 and pacifica 59 for a high. Warmer choice over the weekend, definitely sunday. We cool back down on monday and tuesday, and then toward the end of next week, well get near 90 by next friday inland. Who knew you can go on a roller coaster ride without going to the Amusement Park . Temperatures going down, back up. tis summer. Were long for the ride. Why not . Yup. Thanks, paul. Hundreds of east bay students are left cramming again. The tests they will have to retake because the school didnt follow the rules. Plus a thumbsup for facebooks founder. The huge donation he is dropping right in his own backyard. , saderstands you got to make every dollar count these days. Thats why they have lots of ways for you to save. Real big club card deals, the safeway app and gas rewards. This week, large, red seedless grapes are just 1. 99 a pound. Foster farms fresh whole chickens are only 99 cents a pound. And gatorade is just 3. 99 an 8pack. Theres more savings to love. At safeway. Placement tests will have t thrown out. Because certa t followed. St officials at a Pleasanton High School say its their faulted that dozens of tests will have to be thrown out. Parents are outraged. They are getting punished for something they didnt do wrong and the schools cannot do anything about it. Reporter she is a parents of a junior at Amador Valley. Yesterday, her son and 400 other advance placement students were told the ap test they took last month wasnt valid bec