anyone in this case, that's how contra costa county chief assistant d.a. simon o'connell describes the outcome of what was originally a first degree murder case for murder. defendants have pleaded no contest to manslaughter. instead, after the court learned the antioch police officers investigating the case exchanged dozens of racist text messages about the men, they used just about every racist trope that has been used against african americans, hispanics and people of color, defense attorney carmela caramagno says she was disgusted by how the officers treated the suspect, referring to them as animals and bragging about kicking and shooting them with rubber bullets. then sharing photos of their injured bodies. much like trophies. this sort of conduct goes back to, jim crow. it goes back to slavery, it hasn't gone away. and this just shed a light on

how much work there is left to do to make sure that the criminal justice system doesn't penalize people of color. this case is exhibit a, and just how impactful the racial justice act can be on criminal cases in california. the legal analysts say this is the first time california's racial justice act has been tested in a major case and will set a precedent, but they acknowledge the victim's families likely won't be happy. the mother of the victim has already expressed her anger over it all. give us about no racist. this is about the murder of my son. say his name arnold michelle hawkins day. his name. come on. and if you guys let him out of jail, it's going to be a war. first and foremost. was ensuring public safety to make sure there was accountability and those responsible for this violent act are behind bars for a lengthy periods of time. o'connell says the defendants will still serve significant sentences ranging from 13 years,

eight months to 20 years in prison. but the impact of the racial justice violations can't be ignored. i think this will be a watershed case, for many, up and down the state, o'connell hopes it's a wake up call for police officers and the community. brie you hope that tomorrow is a better day in contra costa county? jodi hernandez nbc, bay area news well, she continues to fight for her job. alameda county district attorney pamela price is showcasing now what she's accomplished in office as she prepares to face a recall election. in a news conference today, the district attorney outlined her accomplishments over the past 14 months. she says that includes actions to improve public safety, stabilize staffing in her office, and increase community engagement. the da also highlighted the creation of a civil rights bureau focused on restorative justice, and she touted what she called collaborative courts and her efforts to expand public accountability. but her critics say those accomplishments are

hollow at best, and lack specifics. we have done much to restore the office in order to be able to move forward on our mission to protect public safety by advancing justice. the office we found was literally running on fumes with broken lines of accountability and communication. we want to know how many people have been charged, how many people have been convicted, how many gun related crimes have there been? those are details that the public really, really needs to know. the district attorney says her office has taken action on nearly 12,000 cases. however, she notes the data doesn't currently break down the number of convictions, plea deals and other outcomes. she says they're working to have a public database that with that information, by the end of the year. okay, not perfect, but close. that's how san jose san jose police are describing cinco de mayo parades and festivities this year. city hosted two separate events one downtown, one on the east side. as part of

the festivities. police say there were no major problems at any of those events, but they concede there were some issues in the areas outside of those festivities over the weekend, police say they investigated a double stabbing. police also made 17 felony arrests, impounded eight cars, seized six guns and issued 156 traffic tickets. we also had a lot of disruptive behavior that were not related to the event, and i want to make that very clear. although they were in close proximity, they were not related to the event. last year, the department was heavily criticized for its road closure plans. they credit early outreach and a public education campaign for the improvements this year. one man is dead and another is in custody after police say a driver ran a red light, hit a cyclist and then tried to run away. this all happened in san jose. nbc's marianne favro has the new details. the crash happened shortly after seven this morning at the intersection of center road and capitol expressway. police say the investigation

centers around the driver of this red truck. we know that the red truck that was going westbound on capitol ran a red light when it collided with the bicyclist. that bicyclist, unfortunately suffered major injuries and was pronounced deceased at the scene. officers arrested the truck's driver, who they say also slammed into this white truck. the name of the cyclist killed has not been released, but police say the victim was a man. the crash happened in front of andrew hill high school. esther barron lives nearby and says she worries about her grandkids safety. there's so many kids that cross the street and the cars don't want to stop. this is the 17th fatal accident in san jose this year. four have involved cyclists, and in 2022, there were 36 collisions in san jose that either killed or seriously injured cyclists. which is why community activist lilia gaspar has been fighting to improve safety at this intersection. we've had a lot of accidents, a lot of fatalities off of center

road here, especially at this intersection here on center and capitol. now, neighbors say they plan to take action to prevent another fatal accident, starting with a community meeting about traffic safety on may 28th in san jose, marianne favro. nbc bay area news. a driver arrested in san francisco today after hitting two pedestrians, including a medical student, and leading police, on a chase across the city. now, police were initially called to jones and market this morning after a man was hit by a car. witnesses tell us the skid marks in the pavement marked the spot where it happened. that victim, taken to a local hospital with non-life threatening injuries. but not long after that, officers spotted the same car swerving through the tenderloin and through north beach. that's where they say the driver hit a teen outside of francisco middle school. and then just kept going, okay, you know, it's still speeding. and some told me, say, look in your, side view mirror here, i looked in that

and saw the girl in the crosswalk, and when i saw that, i was like, oh my god. school officials say that student was taken to the hospital, listed in stable condition. it's expected to be okay. police say they broke off their chase at the school due to safety concerns. they eventually found the white and blue mustang, a short time later. crashed on embarcadero, close to the exploratorium. the driver was arrested there, also taken to a local hospital for what police say are unrelated injuries. an apartment fire near laney college in oakland has left several people without homes. tonight, nbc bay. sky ranger overhead as firefighters arrived, that apartment is on sixth avenue and east eighth street, about a block from the college. the flames spread to the smaller house next door before firefighters managed to knock it down. tonight, the department is trying to figure out how many people are displaced by the fire, but they can tell us that at least no one was hurt. okay, a lot of people wondering what's tiktok going to do? well, tiktok is now suing

the us government over that possible ban of the popular app. in a lawsuit filed today, tiktok's chinese owner company called bytedance argued that being forced to sell the app or face a us ban violates the first amendment. the company argues that in evoking national security concerns is not a sufficient reason for restricting free speech. tiktok also argues the burden is on the federal government, the us government, to prove that the restriction is warranted. let's bring in our business and tech reporter scott budman. does tiktok have a case here? you're not a legal expert, but in the tech community, what are the thoughts in the tech community? they have a bit of a case. they're saying that the users don't have the right to express themselves on tiktok, but there are other apps also to say a country can't ban a social media is not really believable. coming from a chinese owned company, china actually bans meta and it bans instagram and it bans ex it it bans whatsapp. so this is a little bit of tit for tat. what this lawsuit does is really

stretch the whole thing out. instead of nine months to find a buyer. this could take years now before a tiktok ban takes place. so really, it's a legal move, but it's also a proactive move in terms of give us more time to figure things out, correct right to figure things out, and to prove that. and now the ball is in the government's court, like you said, they have to prove that this is a legal thing to do, which i believe it is. but. right. there's a lot more time now for, say, a company or a consortium of vcs to come up with money enough that maybe bytedance parts ways with at least an american subsidiary of tiktok. but one interesting thing on this lawsuit is bytedance says the chinese government is not ready to give this up. will tiktok part ways with bytedance, regardless of the outcome here, probably not. that's what bytedance is saying, is they say there's too much on the line. this is too much of a success story. we don't want it to spin off to an american company. now everybody has their price. but this is also now sort of a well, it's something to do with pride, i think even more than money. and so bytedance says, nope, this is ours. 170

million americans love it. you should let them do it. but we should retain ownership. have we seen a ground surge yet of tiktok users kind of fighting back in a big way? i know we've seen some one offs here, but is there any sort of organized movement to say, hey, on one specific day we're all going to protest or anything like that? great question. there have been many days of protest. what we have seen are really large group of creators on tiktok calling american legislators, lawmakers to say the old fashioned way of doing things. exactly. and many lawmakers have said their phones have been ringing off the hook. 170 million americans. raj is like, i don't know, half the country that are on tiktok regularly, and they're saying they want to keep this app. it's their favorite place to be. and right now they're kind of in that middle ground of two sides, two entire countries that are fighting over this. yeah, we like to point out it's not just everyone's teenage son or daughter. there's plenty 40, 50 and 60 year olds on tiktok. absolutely thank you scott. you bet. jessica. okay, how much would you trust artificial intelligence to get you faster? care in an emergency room? according to a new ucsf study,

ai can accurately triage and prioritize the sickest patients 89% of the time. researchers use software from san francisco based openai to look at the data of 10,000 real emergency patients and prioritize them based on their symptoms. now, in the future, researchers believe i could help the most serious patients get faster care. while a small government panel you may have never heard of could be holding up critical research on addiction, a bill is getting closer to a vote in sacramento that aims to change that. right now, dozens of studies and other projects have been stalled at the research advisory panel of california. that's the panel that approves research projects involving addiction treatment and federally restricted drugs. but it hasn't met since august. now, the panel historically does its work behind closed doors, but it paused its meetings over concerns that it all falls under a state law requiring open meetings. a new bill would tweak state law, allowing closed

meetings if they involve trade secrets or proprietary information. that bill is currently going through. the committee. up next disparities in cancer treatment out. there's a new study launched today taking a deeper dive into the inequities that black women are facing in cancer care. also, a new law could better protect polyamorous families in the east bay. the proposal to keep landlords from discriminating against renters with more than one partner. i'm chief meteorologist jeff ranieri. what a big difference today. look at this comparison. from saturday to this afternoon. we went from 58 in santa rosa all the way up to 74. and things are going to continue to warm up. let's take a look at that temperature trend and what you'll see here is as we head through friday's forecast, getting up as warm as 88 degrees, i've got more looks at these temperatures. plus the wind building back into the forecast and where i expect some of the strongest gusts. i'll see you here in just a few minutes. we're covering the growing

debate over fluoride in our drinking water. why? it's now part of the culture wars. also, tiktok makes its move to keep the government from forcing it to sell. what it claims in a new lawsuit. wnhe

on an ordinance that prohibits housing discrimination against polyamorous people, meaning multiple people in an intimate relationship at the same time with the consent of everyone involved. right now, they're taking a break and they're going to have public discussion in a moment. now, oakland passed a similar law last month, one man pushed for the protections after he claims landlords refused to rent to him when he disclosed he had three partners. oakland's law recognizing polyamorous families is the first of its kind on the west coast. a landmark study of cancer in black women is getting underway. the american cancer society will spend the next 30 years trying

to figure out why black women die from cancer at a higher rate than any other racial or ethnic group. the study is called voices of black women. cancer society plans to enroll more than 100,000 black women, ages 25 to 55, from 20 states. it is the largest study of its kind ever conducted in the u.s. national cancer institute says. although black women are less likely to be diagnosed with cancer than white women, they are more likely to die of it within five years. the disparities are particularly stark for breast, cervical and endometrial cancer. the fight over fluoride in the nation's water supply is intensifying. several states and a growing number of local cities and counties are trying to reverse what public health officials say is one of the biggest public health achievements of the 20th century. the addition of cavity fighting fluoride in our water supply. the push to fluoridate water reflects growing skepticism about science and public health initiatives. it has a lot of dentists worried.

they say the move will only serve to increase tooth decay. as an experienced dentist, you've seen the research. what does it say? well, we've had over 70 years of research and practical experience in dentistry, and we know that fluoride works. all the journal articles have shown that there's a 25% reduction in children and adult decay for people that are in community fluoridated water. coming up on nightly news, the growing battle and how it's impacting kids teeth. lester holt joins us in about 15 minutes. let's take you outside now on this beautiful tuesday evening. we see the water there. jeff is with us. today was nice. and what tomorrow might be even nicer. it really looks like it. and at the beaches we had a lot of 50s and 60s. today we're going to see some of the coastline get up into the 70s. i know right when we get into the 70s here in our bay area beaches, it just makes it perfect outside. so if you got a little staycation planned, really, no matter where you're headed across the bay area, it's looking excellent. let's move it into that microclimate forecast

tonight and we're going to bring it into napa to start off and show you how that hourly timeline is shaping up right now. 69 degrees a little bit of a breeze out of the west here at nine miles per hour. and eventually we'll get down to some 50s later on tonight under these mostly clear skies. and san francisco coming in with a cool 62, and we'll dip it down to 59 here at 8 p.m. but as i mentioned, even san francisco going to get in on the 70s tomorrow. and it's all from this area of high pressure helping to bring in the heat and move that storm track off to the north. the only hitch, so to speak, in all of this is this low pressure system that's developing just to the east of us. it is going to help to bring in some wind here across northern california. i do think that wind is going to be more isolated to the north bay mountains, with some of the strongest gusts by tomorrow morning. it's coming out of the north, so that's a very dry wind. it's going to lower the humidity, but also kick up gusts in the mountains. anywhere from 20 to 45, especially in the north bay. we'd stay with on and

off gusts through thursday morning, right up there through marin, napa, sonoma counties. and then we should see that wind calming down as we head through thursday night. morning temperatures for tomorrow back down into the 50s here. so not nearly as cold as it was this weekend when we had some upper 30s and low 40s. this is a lot more pleasant as you head out the door there on your wednesday 54 in the peninsula, 51 in the tri valley under mostly sunny skies. here throughout the bay area. daytime highs for tomorrow, warming up another 4 to 8 degrees. that puts us back into the 80s for the south bay 81 in san jose, 82 in gilroy. we'll see some similar weather out towards concord, antioch, livermore and pleasanton. even notice hayward up to 80 and oakland 79. so that's a warm day for your standards right here at the coastline. close to 70 and half moon bay at 68. but daly city 73. and look at san francisco up to 75 in downtown and the mission at 76. i think a lot of our beaches would have a better chance of getting into

the 70s, you know, all across our coast, certainly, as we head into thursday and friday's forecast. so those are looking like some really nice days to get out to the coastline up to the north bay, 79 in clear lake and 82 here in novato. let's take a look at some ten day forecast here, the first one in concord. and notice how we stay with this trend of 70s and 80s next ten days, albeit cooler, not this weekend, but the weekend after that with some low 70s but still comfortable. and in san jose up to 86 on saturday, next week. still holding on to some numbers in the upper 70s, then eventually some low 70s by that following weekend. only thing that might really bother you, at least immediately, is your allergies. oak, cedar grasses in the high category. let's move it into that 7-day forecast weekend in view here. saturday and sunday we get some sunshine and a few clouds in san francisco 74 saturday 69 sunday. and for the inland valleys, we haven't seen a forecast like this all year

long. i was working really hard on this welcome back gift for you, jessica. yes, look at this. giving it to me last week when i was still recuperating. jeff. that would have been a nice gift. all right, all right. i love you back on the anchor desk. yes. very much. it's good to be back. and happy early mother's day. we got a big weekend. i know we do. yeah jeff was already saying mother's day brunch outside brunch. perfect absolutely. mimosas. you had her at mar? yeah. there you go. thanks, jeff. you got it. up next, a much needed upgrade for wnba players. the big announcement from the league today that will change the way the players travel for their games

california department of water resources says the reservoir can hold about 3.5 million acre feet of water. the agency says oroville provides water to 27 million californians. now, because it's full water, managers are expected to release more water to make room for snowmelt. this should cause water levels for the feather river to go up as well. okay, it was a big deal and a record breaking night in new york city at the annual met gala. last night's event raised about 26 million bucks for the metropolitan museum of art's costume institute. that's up $4 million from last year. the gala launched the costume institute's spring exhibit called sleeping beauties rio awakening fashion.

we saw a lot of good looks on the carpet last night. this all opens if you're out in new york city. it opens to the public on friday. well women's basketball continues to surge. the wnba is going private. the league's 12 teams primarily fly commercial. but league commissioner, the league commissioner announced today they have plans to start funding charter planes just like the nba. this is especially helpful for the tall players. last year, the wnba estimated it would have cost $25 million to use charters for the entire season, but they're going to do it beginning this season as well. they should. all right. up next, after an epic battle, the saint mary's rugby team is now national champs. we're going to show you the moment when they win. and let's take a look inside 30 rock lester holt getting ready for nightly news. we take an inside look at the new museum that makes classic children's stories come alive. lester joins us in about four minutes.

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since saturday night early lead for saint mary's and they held tough to the end. final score 26 to 22. it is the school's fourth national title under longtime coach tim o'brien. congratulations. well, tonight at 7:00, have you noticed a

change in san francisco? the mayor says the homeless population is declining significantly despite what her opponents might say. there's a lot of grandstanding. there's a lot of people who are out there saying what they're going to do, but they have no idea, and they definitely can't do it better than me. we're joined by mayor breed. our conversation and more coming up on our 7:00 news and a quick reminder you can now access our newscast. what you're watching right now whenever you want. we're on 24/7 on roku and other streaming platforms. you can watch our live breaking news news conferences, and even repeats of our newscasts. up next on nightly news. riveting testimony and former president trump's hush money case. adult film actress stormy daniels, the star witness at the center of the case, taking the stand today, lester holt joins us from new york to break down the case. right now.

tonight, the riveting testimony in donald trump's hush mone tonight, the riveting testimony in donald trump's hush money trial, as the jury hears from a star witness at the center of the case, stormy daniels. the adult film actress taking the stand just ten feet from the former president, describing in explicit detail her alleged sexual encounter with him, which prosecutors say he tried to hide from voters in 2016. daniels testifying about an imbalance of power between them and, quote, blacking out during the experience. mr. trump denying her claims. his attorneys demanding a mistrial. but the judge rejecting it. then, the tense showdown during daniels' cross-examination. our team at the courthouse. plus, the big news in mr. trump's classified documents trial.