ama: good evening. dan: a child was hit outside stanley middle school in lafayette just two hours ago. police say the child has minor injuries but the adult was rushed to the hospital. officials have not updated us yet on their condition. there are road closures in the area, and police are asking drivers to stay away. we will bring you more information as it comes into the newsroom. ama: for now, we moved to the south bay, where a large crowd waited to get into the courtroom today for opening statements in the theranos fraud trial. reporter: on day one, elizabeth holmes arrived at the federal courthouse accompanied by her partner and her mother. most of her defense team was

already inside, preparing to lay out their arguments that the 12 counts of fraud against homes are boundless. government prosecutors were the first to lay out their case that holmes had engaged in a scheme involving false and misleading claims to investors about theranos. they planned to reveal how the start up is in trouble. the case is complex, which is why it could last over three months. a law professor at santa clara university explains why it must convince the jury that its case is solid. >> of proof beyond a reasonable doubt for each and every element of each and every offense, and if the government fails to meet that burden, then the jury must return a not guilty verdict. reporter: the defense team spent 15 hours saying that elizabeth holmes spent -- into theranos because she wanted to create jobs. about 20 witnesses are expected

to testify about wrong pregnancy and cancer findings. holmes' attorneys also indicated they will be bringing up her relationship with theranos' chief operating officer, calling holmes' trust in him a mistake. it is unknown whether holmes will take the witness stand in her defense. holmes and her partner will be enjoying time away from port at green gables, an estate in woodside, presumably with their baby boy. dan: according to cdc data, more than 95% of u.s. counties are reporting high community transmission levels, the highest percentage since cdc started tracking on this figure. santa cruz county is now down to substantial transmission from high. marin county is experiencing moderate transmission. the rest of the bay area and most of california is in the high category. rates are based on test positivity and new cases per 100,000 people.

one bay area county is seeing an alarming spike in covid cases coming on the heels of the summer surge. laura anthony has the story from contra costa county. >> all of us were hoping not to see these numbers. reporter: in contra costa county, the delta variant is alive and well, even as covid case numbers decline. county health officials worry about a spike in covid deaths. at least 20 recorded in just the past week. >> that is the highest number we have had since march of last year. it is really reflective of the summer surge. reporter: deaths increased despite the fact that the seven-day rolling average of new cases in the county has dropped from more than 400 in late august to just 153 today. overall, more than 96% of contra costa's recent deaths have been among the unvaccinated. like other hospitals, here at john muir medical center, they have seen a certain number

unvaccinated patients hospitalized for covid, but it is important to look at who they are and how sick they are. >> some of them may have had vaccinations early on because of age or other conditions. reporter: fb 30 six patients currently hospitalized in john yours two medical centers -- in john we are opposed -- john mui's two medical centers -- >> one person got their vaccine just prior to getting sick. reporter: it is beli is beli vaccines have prevented patients from getting gravely ill. nonetheless, those who b ill, despite being vaccinated, the elderly and high-risk patients represent the exact population that should be first in line for a booster shot. laura anthony, abc 7 news. ama: now to the california recall less than a week away. governor newsom and several opponents were on the campaign

trail today. this countdown shows five days until the polls open tuesday morning. kamala harris fluid to the bay area this morning to campaign for governor newsom. sen. harris: -- heck vice pres. harris: we have to understand what is happening around our country with on reproductive rights, voter rights, workers' rights. they think if they can win in california, you can do this anywhere. we want to show that you cannot get this done here. ama: for visit coincides with the release of a new poll from suffolk university that found 41% favor the recall while 58% want newsom to stay in office. dan: two republicans hoping to take newsom's job campaigned in the bay area today. kevin faulkner appeared at san jose city hall.

he says newsom has all but ignored rising crime in the state. >> as we are here in this great city of san francisco, we have seen retailers like walgreens close down their stores because of rising crime. it is rampant. we need to put a stop to it. we need a governor that says the status quo is not working for us. dan: falconer says he is the only candidate that will put victims first and criminals in jail. meantime, republican john cox took aim at the governor's policies at a stop on treasure island. >> he is following the oldest playbook in the world, to scare people into keeping him in office. he cannot defend what he has done to this state. this state is a monument to mismanagement. dan: cox also made a campaign stop in santa cruz, urging voters not to get distracted by issues raised by other candidates. cox lost to newsom in the 2018

california general election. larry elder cut a southern california campaign stopped short when protesters got rowdy this afternoon, but first thing this morning, he voted in los angeles. afterwards, without offering proof, elder questioned the early voting that has happened so far. he says he wants voters to report possible issues. >> we have a voter integrity board set up. most of these are lawyers. when people hear of things, they contact us. we are going to file lawsuits in a timely fashion. i believe that no matter and i e might very well be shenanigans, as they were in the 2020 election. dan: elder says if he does not win, he will likely run for governor again in 2022. ama: this afternoon, the conservative talk show host encountered an angry crowd in venice. elder was about to tour a homeless encampment, but people began shouting. someone threw an egg, but it did not hit him.

elder was escorted to a vehicle. going us for our california recall special program. we will break down the current recall race and present our documentary, "total recalled," which recounts the recall election where arnold schwarzenegger replaced gray davis. it airs at 10:00 a.m. saturday. dan: firefighters continue to make progress against the caldor fire burning in el dorado and amador county. containment inched up to 50% now despite challenging wind conditions throughout the day. yesterday, especially in the west zone of the fire near kirkwood ski resort. the east zone, allowing south shore residents to return home. the fire has destroyed 996 structures since it broke out on august 14. ama: a fire weather watch continues tomorrow for much of the north and east bay's.

sandhya: the fire danger is going to go from high to very high tomorrow. fire weather watch has been issued for the north and east bay. it is 5:00 p.m. tomorrow until friday at 11:00 a.m., except solano county's until 2:00 p.m. there is a possibility of new fires that could rapidly spread. we are not expecting a repeat of the august 2020 lightning storm, but the concern is still there, so it is a low probability, high-impact event. heat illnesses are possible in solano and lake county. take it easy. we check out temperatures in the triple digits from concord to fairfield to brentwood. i will be back to let you know when the fire danger comes down and when cooler air will arrive, coming up. ama: a shortage affecting bay area pet owners. dan: why local veterinarians are

cutting hours and not taking on new patients. reporter: a question, why are kids given 14 minutes to eat their lunch, not 15, 14? their lunch, not 15, 14? it has to be a thriver with metastatic breast cancer means asking for what we want, and need... and we need more time. so, we want kisqali. living longer is possible and proven with kisqali when taken with a nonsteroidal aromatase inhibitor in premenopausal women with hr+, her2- metastatic breast cancer. kisqali is a pill that's significantly more effective at delaying disease progression versus a nonsteroidal aromatase inhibitor alone. kisqali can cause lung problems or an abnormal heartbeat, which can lead to death. it can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. tell your doctor right away if you have new or worsening symptoms, including breathing problems, cough, chest pain, a change in your heartbeat, dizziness, yellowing of the skin or eyes, dark urine, tiredness, loss of appetite, abdomen pain, bleeding, bruising, fever, chills, or other symptoms of an infection,

a severe or worsening rash, are or plan to become pregnant, or breastfeeding. avoid grapefruit during treatment. kisqali is not approved for use with tamoxifen. ask your doctor about living longer with kisqali. kisqali is not approved for use with tamoxifen. ♪ ♪ ♪ ♪ ♪ ♪ hey google, turn up the heat.

♪ ♪ ♪ dan: gilroy police chief investigating an early morning shooting that involved two officers. early this morning, they answered a call after getting a report of an intoxicated man outside a business. within seconds of police arriving, we are told, the suspect fired a handgun at officers. the other officer returned fire, wounding the man. the man was taken to a local hospital, where he died from his injuries. none of the other officers involved were injured. today the moraga police department led eight procession to honor kevin mooney, who died because of covid-19 couple

occasions. mooney was a member of the united states marine corps for 29 years before retiring in 2010. corporal mooney was 58 years old, a loving husband, father, and grandfather. ama: berkeley police are looking for help to find a missing 11-year-old. he is 5'2", weighs 68 pounds, last seen around 8:00 this morning. if you see him, please call berkeley police. a national shortage of veterinarians and veterinary nurses is being felt in the bay area, with some pet hospitals having to reduce emergency services. melanie woodrow has the story. >> when jack jack's mom is across the country, so did he. >> two years ago, i tried looking for a vet in the neighborhood and i could not find a single event in the city taking on new animals. >> lara is experiencing the effects of a nationwide veterinary shortage firsthand. >> i am really worried.

reporter: the president of the san francisco spca says the shortage is not specific to the sf spca or even to the bay area. she attributes the shortage of veterinarians to the number matriculating in annually versus the number retiring, and says attrition is also one of the main factors for the nurse shortage. >> the average career lifespan of a veterinary nurse is only five years. reporter: add covid into the mix, and now the nurses that are not working cannot work at maximum capacity. signs outside the sfspca fillmore street location that say "24 hour emergency" are now outdated. the location is suspending care after 8:00 p.m. during the week and suspending on the weekends. the emergency campus will still be open seven days a week. she thinks telemedicine for veterinarians could make a difference. >> roughly 80% of the emergencies we see are not true emergencies. reporter: while those who work

on the front lines try to come up with solutions, pet owners are struggling. >> they are for babies, so to not know what you would do is scary. reporter: for shortage impacting pets and the people who love them, in the bay area and beyond. melanie woodrow, abc 7 news. dan: in the north bay, cutting covid-19 risk by cutting lunch is the plan for the windsor school district. wayne freedman explains why kids are only allowed 14 minutes to eat. reporter: for allor allor allorl covid has changed our lives, here is one you may not have seen coming, a rush for the daily school lunch. >> spread yourselves out. reporter: that is the principal at washburn elementary in windsor, whereas the kids grabbed lunch, they also prepare for a race against time. it is an adaptation prompted by a day last month when two covid exposures forced them to close down an entire grade level.

>> kissing seemed irresponsible for us not to address it. -- it seemed irresponsible for us not to address it. that is a lot students out. reporter: students now get a grand total of 14 minutes in which to remove their masks and eat. you might wonder why 14 minutes -- it seems like an odd number -- but there is a reason for it. state guidelines mandate full quarantines after an exposure at 15 minutes. 14 minutes gives them one minute to spare. >> by doing this for 14 minutes, we can accurately say to the department of public health that we know our students have not been unmasked and within six feet," to, for more than 15 minutes. -- six feet, close more than 15 minutes. reporter: they still treat lunch time as the greatest risk of infection. each child has a seat notated by pieces of tape, so they know who sits next to who. since doing that alone, quarantine has dropped from 300

kids last month to just seven today. >> we can go from a quarantine to a modified quarantine, keeping our kids in school. reporter: it is a simple solution to a complex problem by working within the system, a new definition for power munching in elementary school. from windsor, wayne freedman. ama: we go to 7 on your side. dan: michael finney is here with more details, including an important tax deadline we need to know about. michael: a reminder for those of you who are self-employed or do good work. your quarterly estimated tax payment is due very soon. the deadline is september 15. taxpayers who are not officially employees are required to make four payments per year as taxes are not usually without further paychex. you can pay online, by phone, or in the irs app.

a lot of americans have been reevaluating their jobs during this pandemic. according to a survey from the finance and customer support site moneypenny, just 7% of us say we are in our dream careers. 19% said they are unhappy in their current role, and those not in their dream career, 20% said they are too comfortable in their current situation. another 20% say lack of experience has prevented them from making a change. twitter is testing a new safety feature to allow users to remove accounts from their follower list without blocking them. when you block an account from seeing your tweets, that person can see that you blocked them. some say this new feature is less confrontational. it is currently being tested on twitter's web platform, but it is not being rolled out to all users yet. ama: that is interesting.

thank you. dan: taking a look outside, it is warm, and a flex alert for conserving energy is in effect, and there was going to be another one ama: california, did you know our homes share power? but when we try to stay cool in a heat wave

our supply is pushed to the limit. but you have the power to keep us up and running! “i do?” yup, we all do! with flex alerts. they notify us when to shift our energy use if our power supply is stretched. so from pre-cooling our homes, to using less energy from 4-9pm, together, let's flex our power to save our power. sign up for flex alerts today. tasha, did you know geico could save you hundreds on car insurance and a whole lot more? hmm. so what are you waiting for? hip hop group tag team to help you plan dessert? ♪ french vanilla! rocky road! ♪ ♪ chocolate, peanut butter, cookie dough! ♪ ♪ scoop! there it is! ♪ ♪ scoop! there it is! ♪ ♪ scoop! there it is! ♪ ♪ scoop! there it is! scoop! ♪ ♪ shaka-laka! shaka-laka! ♪ ♪ shaka-laka! shaka! scoop!. ♪ ♪ choco-laka! choco-laka!...♪ geico. switch today and see all the ways you could save. ♪ sprinkles! ♪

ama: a new survey ranks san francisco as the world's best city. time out credits san francisco for its "unbeatable combination of progressiveness, accepted finesse, and sustainability." it received praise for its natural beauty and response to the pandemic. rounding out the top five, amsterdam, manchester, copenhagen, and new york. dan: that is quite the list. ama: our weather normally is not bad either. dan: it is not, and sandhya patel is here with the forecast. a little hot. sandhya: it is, but it is summer. we have a mediterranean climate here, which is nice.

if you like the heat, you are in luck today. i want to show you first the changes coming. we are keeping tabs on live doppler 7. there is a disturbance developing. combine that with moisture from the south. the two link up, bringing the potential for lightning. this is tomorrow afternoon, evening, mainly in the sierra initially, but then we start seeing potential for dry lightning there and end of our viewing area tomorrow night, going into early friday for parts of the bay area as well. any lightning we do see could trigger fires that could rapidly spread. i want to show you a live picture. sun is shining. the air is cleaner. it is 64 in the city. morgan hill, 94. nice breeze along the embarcadero. 83 in santa rosa. tripper ditches -- triple digits in fairfield and concord.

our highs anywhere from the low 60's to mid 100s. air quality, most of you in the grain. there are a few spots that are actually moderate right now, but it is worse near the wildfires up in northern california and right around the tahoe area. a live picture from our emeryville camera, we have our usual fog, but we also have mid and high-level clouds. their quality forecast the next four days, good to moderate. unless you are sensitive to smoke, you should be fine. from our golden gate bridge camera, a beautiful view. increasing fire danger the next two days. the next two days. dry lightning chance tomorrow through friday morning. we have weather cooler -- we have cool weather the next few days. subtropical moisture continues to stream in. tomorrow evening, do not be surprised if you see a few sprinkles going into friday morning, but certainly there is a possibility of dry lightning, which is concerning, especially this time of year.

friday afternoon, things start to wind down, except around solano county, where the fire watch will remain until around 2:00 p.m. morning temperatures in the 50's to low 70's, a combination of high fog and clouds. the afternoon will be warm inland, but not quite as hot as today. low 90's inland, mid 60's cosigned. partly cloudy to mostly cloudy skies. the accuweather 7 day forecast will feature the possibility of thunder between tomorrow afternoon and friday morning. it is certainly cooler, and then temperatures will fluctuate very little heading into the weekend going into next week. it will be our typical seasonal range with 60's to 90's. i think the next 48 hours are a bit dicey. we all need to remain vigilant as a fire danger is going to be running high and even getting higher with a dry lightning potential. ama: thank you. dan: coming up

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simple it is to get abc 7 news on your roku or amazon fire tv. search abc 7 bay area, select us, hit add channel, and that is it. you will get all your news updates plus special content like our ongoing investigations from abc 7's award-winning i team. it is all on demand on your abc 7 bay area news app. download it today. ama: we remind you that you can get our live newscasts, breaking news, weather, and more with our new app. just search abc 7 bay area and download it. dan: finally tonight, some newlyweds in ireland literally took the plunge. [cheers and applause] ama: wow. anita and, dom tied the knot on saturday. the next evening, they jumped into a popular swimming spot, 40 feet in the irish sea.

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tonight, the coronavirus and the alarming new numbers and the questions over this new variant. the u.s. now heading into fall with four times more covid patients hospitalized than last fall. some hospitals now at a breaking point. in idaho, where they're now rationing care, forced to decide who gets treated first. we're with ems workers tonight responding to covid calls and the number of them coming in from the unvaccinated. more than 1 in 4 new covid cases now children. and tonight, the new mu variant, now seen in at least 28 states and concern over whether it could evade vaccines. and are booster shots coming soon? dr. jha is here to answer your questions on it all. also tonight, here in the northeast, still recovering from those deadly floods and tornado, tonight, the new severe storm threat. flash flood watches across the