>> reporter: we spoke with highway patrol in the last hour saying they were carrying two rounds and some of the rounds struck the victim's vehicle and the people inside were not hit. they were able to pull over and then, of course, chp shutting down eastbound 5880. we're showing you some sky 7 footage of the scene as chp officers searched for evidence. this caused a massive backup around 3:00. chp tells us the circumstances of road rage incident. the driver of a honda was tailgating the suspect vehicle and then as they went around the suspect vehicle they posed a lewd gesture at the driver of the suspect volk, that being a black four door mercedes. the suspect vehicle then pulled up next to the victims and the shooter rolling down the windows and firing into the driver's side of the victim's vehicle.

it's hard to say with freeway speeds and they say they are looking at the area of about a football field and they say it happened eastbound of 580 west of grand. >> try and avoid any kind of situation like this where you're making rude gestures and things like that nature, not that it excuses this whatsoever. it just is sad all the way around. >> the the suspect vehicle did drive away. chp still looking for it and we're showing another shooting on 580 that occurred at the fruit s.e.a.l. off ramp. a man and woman were shot and the investigation into that incident continues and we don't know if it was a road wage incident. tonight it's a road rage incident. 580 reopened around 4:00 tonight and they are looking for a black mercedes that did not have rear plates so if you have seen this or witnessed chp, they would

like to hear from you as they piece together what happened. katie utehs, abc 7 news. antioch police are talking to several people of interest following a double shooting. officers found a woman in a silver jeep with a gunshot wound to her head near east 18th street and carlo road and found a man nearby with gunshot wounds to his chest and arms. mblg crews took both victims to the hospital. no other details have been released. flames forced 22 people to find a new place to stay today when fire ripped through their apartment complex on laguna street in concord this is video, a witness, steve mays shared with us. firefighters rescued two people. sky 7 was over the scene as crews worked the fire from the roof. fire and water damaged six units, two of them severely. crews are now checking for hot spots and mopping up as investigators work to determine what cause that had fire. flaring from an east bay refinery prompted a public health advisory at about is 30

this afternoon. it was lifted an hour ago. sky 7 was over the martinez shell refinery where a spokesperson tells abc 7 news the refinery activated flaring due to a partial power outage. a free came crashing down on to a car in san francisco. richmond's sf blog tweeted a photo showing the giant uke luptus tree crossing all lanes of traffic outside the mcarthur tunnel. we don't have the right photo there. the driver was not hurt and traffic was shut down in both directions during the cleanup. they are now open once again. the judge who sentenced a former stanford swimmer to only six months in jail has been cleared of any misconduct. the commission on judicial performance issued its decision this morning. lyanne me dendes joins us now live with the details >> reporter: panel is xrisd of 11 people.

this commission received thousands of complaints. apparently the commission the panel was not convinced so now it may be up to the voters to decide the fate of this judge. the california commission on judicial performance granted no interviews and the panel only issued a report stating there was no bias, no abuse of authority and that judge aaron persky did not engage in judicial misconduct. michelle dawber disagreed with the find >> we believe judge persky has demonstrated a clear pattern of bias in cases of sex crimes and violence against women, particularly when those are committed by collegiate athletes. >> reporter: former stanford swimmer brock turner was sentenced to six months in jail even though the minimum sentence was two years. turner was convicted of sexual assaulting a woman near a trash bin after she had passed out. both had been drink at a fraternity party. he was released after three

months in jail. the commission received thousands of complaints asking that persky be removed. the woman's group ultraviolet spearheaded the campaign and the judge is now also the target of a recall campaign. under the criminal constitution judge persky is an elected official and voters have the right to decide whether he'll continue to serve of on the bench for the next six years. following his release turner moved back to his native ohio and is now a register sex offender. lyanne melendez, abc 7 news. this cold water has a lot of us undertaking precautions. abc 7 was in walnut creek to see the frost on the cars and trees today. the cold air is one of the reasons why a spare the air day has been declared on tuesday. >> it was definitely a cold morning. take a look at many some of the temperatures. mid and upper 20s for the

coldest inland valleys. 26 in livermore and concord dropped down to 29 degrees. here's why things are changing a little bit. live doppler 7 showing high clouds moving in. that will hold the temperatures up a little bit as we do have more humidity in the air. still going to be cold. don't get me wrong but we're not expecting the mid and upper 20s. expecting low 30s and freezing tomorrow in the inland valleys and a spectacular view from our east bay hills camera coming with a price because of the air quality deteriorating. we have that and air quality alert is up so spare the air for your tuesday and your wednesday and poor in the north bay and moderate for the rest of the bay area. we're looking at a ban on wood burning so crank up the heat and put an extra blanket on your bed. a look at your holiday forecast to let you know if there's any rain coming in with it. ama? >> the ban on wood burning on spare the air days is disappointing for people who like a warm fire and potentially devastating for people who sell firewood for a living. abc 7 news reporter wayne freedman is live in sausalito

for that. wayne? >> good evening, the air quality management district said there are 1.4 million fireplaces in the bay area that on a night like this with an inversion layer they could contribute one-thifrt particulate matter in the air. that's the science side. the people who sell the stuff, the people who use this wood not happy about it. how can we help you? >> reporter: here at firewood in novato neither management nor their customers are fiddling happily over the spare the air days. quite the opposite. >> seems like we've been using firewood for centuries and centuries and i don't understand why now it seems to be bad for the environment. it's very confusing to the rest of us out here. >> reporter: so despite the alert, damian of sauce loto bought wood today and plans to eventually burn it. greg appreciates customers like him and as for the bay area air quality management district not so much. this is a clear day, he told us. what gives? >> when they do no burn days and we should be burning, it's like them ripping $100 bills ripped

out of their pockets. >> reporter: his issue with the air quality managers that spare the air alerts cover a nine-county region but do not account for microclimates. we asked the air quality management district about that today. >> the reason we call a spare the air day for all nine counties is because we're all a part of one greater air basin, and what will happen is that pollution from say one county might drift into another county. >> reporter: so there it is, cost, effect and frustration on what some would call a clear clean winter day and others not. from the north bay, wayne freedman. abc 7 news. and a valuable tool to keep you in the know about bay area temperatures is the abc 7 news a. can you always enable push alerts to get weather advisories on your phone or tablet. it is a great resource. >> hundreds protested outside the state capital in sacramento as members of the electoral college cast their vote for

president today. demonstrators were hoping to convince the electorate to change their vote. abc 7 news reporter lanni rivera joins us now. >> yes, all 55 erectors here voted for hillary clinton and tim kahne and right after the vote one of them from northern california called for an independent investigation into hacking claims. >> donald trump has got to go. >> reporter: on a cold monday at the california capital, hundreds stood on the west steps with signs, messages of all kinds against president-elect donald trump. many are questioning the accuracy and fairness of the election. >> the nsa and cia have mentioned russia specifically so we'll defer to them on that, but certainly since the question has been raised we think it deserves further investigation. >> reporter: inside the state capitol, all 55 elector solidified their votes. california has the largest number of electoral votes in the country. >> for hillary clinton of new

york, a democrat, ayes 55, nos 0. >> reporter: then elector kristine pelosi called for a delegation to investigate hacking claims. the latest california twist in a push to reverse results of the election. >> that is why i move that we, california's electoral college members, demand an independent bipartisan investigation. >> reporter: all 55 electors support ploel pelosi's request. >> the ayes have it. the motion is adopted. >> reporter: for protesters, it's hopeful news. >> there's been so many people who have been insult ed and dismissed and ridiculed by this man who is going to be our president. >> reporter: some demonstrators are calling this had a last ditch effort. they realize changing the presidential outcome is unlikely but worth it given what's at stake. from the california capitol in sacramento, lonni rivera, abc 7

news. we now know what caused a truck to overturn spilling packages all over the roadway in contra costa county this morning. find out what happened next. finger-pointing over the oakland warehouse find. tonight it's deryk ion's blame to play the blame game. >> and charities that suggest how much you should give. 7 on your side's michael finney suggests how it affects what you do. >> and is elon musk addin

a 26-year-old big rig driver died after an overnight accident at el pintato road. the truck overturned on the freeway spilling dozens of packages out on the roadway. abc news 7 melanie woodrow has the story from san jose where the packages were going to be

delivered. >> reporter: hours were spent picking up packages offer the truck overturned and hit a medal pole. chp says the 26-year-old driver of sacramento was initially dropped inside and later died at the hospital. >> we send our condolences to that family. it's unfortunate it happens any time of the year? gus ruiz is the united states postal person spokesperson. he said the truck that overturned was a third-party contractor. it was a consolidator contracted by fedex that was delivering mail to us in san jose so that we could take ownership of it so we could deliver that last mile for them and if we get them in good condition it's in good hands and we'll deliver that piece for them. >> fedex will pick up the damaged packages from here. fedex also extends its condolences to the driver's family. >> reporter: there is some damaged mail and mail that that will obviously not be able to be delivered. >> fedex says customers will contact the shipper to begin the

claims process if they suspect the shipment has been damaged. in san jose, melanie woodrow, abc news. attorneys for the founder of oakland's ghost ship art collective are blaming the city and county for a fire there that killed 37 people. the investigation shows that the owner is not criminally negligent and shouldn't be a scapegoat. they claimed the alomeda county sheriff's office and fire department repeatedly visited the premises and it's our intention to defend vigorously is from the above agencies who did not do their job. fire officials said they had no records of inspections for the building for at least 12 years. people who make their home in a similar wearhouse in richmond are looking for a different place to live.

an underground night club was inspected and this past friday the man who owns the building and lives there says six people and a total of are 15 artists are displaced. >> when the mai says it's for our own safety, i don't see how being on our street is safer than living in a house which i've lived in for 18 years. >> a fire official says friday's inspection uncovered a number of safety violations that require immediate attention. well, 'tis the season for holiday deals and charitable giving. >> it is indeed and 7 on your side's michael anyony is here with that story and a lot more for you. >> reporter: have you ever noticed sometimes nowadays charities have told you how muh you want to get. >> that's what we're talking about because a new study shows when charities asked for a specific amount they do get the ball rolling. charities asking for large donations increase the individual amount that is given and charities that ask for modest donations get more of them but lower amounts. the take home for all of us is

ignore the situations and get what fits inside your budget. >> when shopping online have you noticed the free shipping deals are lasting later into the shopping season this year than before and retailers are turning to them and other incentives to get to you finally spend the holiday money. retailers reduce it and to avoid offering deep discounts and shoppers are spending at a slower pace and free shipping is being rolled out and other incentives in an effort to get shoppers spending. 2017 is shaping up to be a good year to buy a new car following its best back-to-back sales years in 2015 and 2016, u.s. auto sales appear to be leveling off. now, sales rates are still pretty high, but dealers are making more of an effort to keep those sales high. for car buyers that means there are bargains to be found. here's what i want you to do. look in terms of limited time promotions and incentives and

jump on the deals when they come out. i think they will be coming back and forth this year so they are going to push them out and pull them back in. see the right deal at the right time. >> thanks, michael. >> elon musk has something to say about cars and travg traffic. the man who wants to put a human colony on mars filled the world with electric powered driverless vehicles and build super speed trains is know focusing on traffic congestion. this weekend the ceo of spacex and tesla took to twitter saying traffic is driving me nuts. i'm going to build al tunnel boring machine and just start company. it shall be called the boring cop, it's what we do. bore mag sheens are used to excavate tunlts. apparently musk wants to build an underground labyrinth of tunnels. yes, tunnels and open ai.

good evening, everyone. winter starts on wednesday and it's already feel like it's winter. live doppler 7 showing you some high clouds passing through the bay area. we do have a beach hazard statement until 6:00 tonight so a long period, energetic swell will continue to move towards the coast. watch out if you're going to be out and about west northwesterly beaches and from the south beach cameras high clouds and temperatures are falling in the low 50s. san francisco, oakland, san jose and gilroy right now. a beautiful view from our emoryville camera. you can see the afterglow of the sunset. 46 in novato and in livermore so tonight is going to be another chilly night, burr not as cold as it was this morning. so from our sutra tower cameras, sparkling and visibility is good. freeding in sports tomorrow morning. looking hat milder afternoons mid week and windy and rainy and check out your lows one more time in case you missed us at the top.

show. santa rosa and napa hand fairfield and right down to freezing ant york and livermore. 35 in cop cord and 35 san jose so when you get going tomorrow morning pack on the lawyers. the kids will need that extra jackets or a heavy winter jacket. for the afternoon it's still going to be cool, most of you in the 50s, mid to upper 50s at best and a few high clouds will pats through and we'll perhaps get up to 60s in the south bay. there's a moderate strength storm coming our way, it's a 2. light to moderate rain expected with half an inch to an inch for most of you and this will be accompanied by gusty winds and not exactly great travel weather especially if you're heading out of town for the holiday and 7:00 a.m. friday you're good. heading noonan time the rain begins to spread across the bay area and we are looking at pretty light to widespread moderate rain and it tapers into

early is that right morning. the rape drops will be ending. iners it. rain totals, just la rough sthimt. perhaps an inch. if you're heading to the mountains friday nenk wait until the storm has passed. snowfall totals, nice to enjoy 10 inches at south lake tahoe, heading up to go skiing or boarding or just to enjoy family and friends, it will be great with fresh mouder. wednesday is the first day of winter. it starts early in the morning and the temperatures will rise ironically and afternoon hires and friday is -- saturday will be had a breezing afternoon and,

a lighter system on monday. download the abc and things are changing and as we get closer we can pinpoint that time line for you. >> caught on camera. sign tists capture the first known -- >> come up, alarming images coming in from inside the christmas market and new reporting tonight of what happened just before the truck jumped the fence. at six.

lawmakers in north carolina reached agreement today to repeal hb-2, the law which

limits lbgt protections. the bill is slated to be formally repealed tomorrow in a special legislative session. it's known as the bathroom bill because it norses transgender people to use the bathroom that core spends with the gender on their birth certificates. organizations such as the san francisco symphony cancelled events in north carolina because of the law. that north carolina little bbt subject of an entire course at cal next spring. it's being offered by the university's department of theater, dance and performance studies. according to cal's academic guide, the course will examine public rest rooms and the politics of needing to go. students will address questions such as who has access to public rest rooms, who cleans them and what does it mean for a public space to be designed for private activities. the academic guide calls >> people took to a clay court

wednesday i'm the of a warning of mail taken right out of mailboxes and found on the trail headed to the creek. the homes being targeted are on the -- in the live oak area off of ayers road just a few locks >> it appears the interests, just holiday cards that may contain money or gift cards. researchers have cap forward the first known video of rare ghost shark. it was cap toured at nearly 7,000 people bloat surface of the ocean off the central california coast. these fish are generally too large and too fast to be gaut which aquarium's remotely operated vehicle. the footage was captured in twp

and it took several years that the creature is in fact a ghost sharp. the ghost sharp have been roaming the seas long before the dinosaur. is that not wild? >> it is. >> wheels up in cop cord. come up making sure

coming up tonight at 6:00 only on abc 7 news, we'll travel to a small santa clara county community to find out where their water supply has been deemed unsafe and what officials plan to do it. >> plus, from $15 to more than 5007 on your side eats michael ninny explains what's involved in getting into virtual reality. >> that and much more coming up in half han hour on "abc 7 news at 6:00". finally tonight it's the holidays. a time to give if you can and we met an incredible woman doing just that. >> mary smith likes to be called

mrs. claus for good reason. for the past 29 years mary has been selecting toys and bikes for the toys for tots program. she gets the money by selling $7 lunches and raffle tickets all year long to her co-workers at bay alarm. >> that's right, and abc 7 news was there today as the marines loaded up for their holiday giveaway. >> 90 bikes right here and more than 27,000 toys that she donated. that's just amazing, really is. my jaw dropped when i walked n.oh, my goodness, this is amazing. >> as a child i didn't have a whole lot. christmas was sparse, doggone it and i knew that if i ever had the means to do something special i wanted to do it for kids. >> what a wonderful thing to do. mary collected more than $13,000 this year and family that owns bay alarm generously matched every penny. >> we should called her mrs.

claus. >> i'm ama daetz. >> and i'm dan ashley. we tonight, breaking news. the horrific images coming in from the christmas market. the truck plowing into a crowd in berlin. at least nine killed, dozens injured. you will hear from witnesses on the scene tonight, and what the white house just said about this apparent terrorist attack. also breaking tonight, the chilling moment. the assassin pulling out his gun in the middle of a gallery. then, the ambassador assassinated in front of the cameras. the gunman shouting his message. it's official. just a short time ago in this country, electors finalizing election day. but not before tensions boil over. >> this is my america! the manhunt under way, and the new reward tonight, after the deadly road rage. the little boy shot and killed, riding with his grandmother. and the deep freeze tonight. wind chills 50 below zero. thousands of flights canceled or