>> this is abc7 news. >> new tonight, the sheriff's office admits it made a mistake after the abc7 news began to investigate the suspect of the theft at nordstrom. >> you are watching abc seven news at 5:00. it all started one melanie woodrow called defendant joshua underwood yesterday and learned he and his family believed his charges had been drugged. another sheriff's office releasa computer input error. tonight, he is back in custody. melanie woodrow has the full story. reporter: joshua underwood's

family member carried out his louis vuitton bag from superior court today after deputies cuffed him and took him back into custody. underwood is one of three suspects and this november 20th walnut nordstrom flash mob style theft. the sheriff's office says he was released from custody on november 24, the same day the das office filed charges. he and his mother believed the charges had been dropped and initially knew nothing of his court appearance today. the i team alerted the district attorney. the prosecuting da set underwood had been released by mistake. the sheriff's office, not -- you now saying he was released due to a computer input error. >> we have faith in the sheriff's department covid this may have been a clerical error. they are good at their jobs. they will correct it. reporter: underwood admitted to his involvement in another bay area burglary the same day as a nordstrom theft. >> he made a statement to the

police that prior to coming to nordstrom and walnut creek, he and other co-conspirators had engaged in a burglary of a pharmacy in alameda county. reporter:'s mistaken release is not the only issue in this case. another suspect, dana who posted bail and was released last week, would have also been remanded back into custody today had her parole officer had a parole warrant into the court just acting minute sooner -- just 15 minutes sooner. she's accused of using a glock handgun in the nordstrom theft. >> what does the da office want to seat of the community about that? >> it speaks to the nature of the criminal justice system and the laws we've enacted recently. that violent felons are out of custody and committing violent crimes. reporter: the walnut creek mayor, kevin wilke. >> this is unacceptable, we have the highest profile story outside of covid in the entire country.

and our offices here in the county are not communicating with each other, on what is happening to criminals that have been arrested that have the community outraged, and we are currently looking to arrest more criminals. reporter: a third suspect, rodney robinson, is in custody. he pleaded not guilty yesterday. melanie woodrow, abc7 news. >> a store in santa clara says it's closing for this foreseeable future because of crime. thieves broke into the fix kicks twice last week on camino real. that was the most recent break-in last sunday. in both cases, a group of 15 to as many as 30 people stole shoes and clothes. no one has been arrested but with the store posted on social media that it's taken all items out of the store and may reopen in the future, but in the meantime, it is planning to begin online sales soon. >> oakland police released a photo of the suv they believe was used in the deadly shooting

near lake merritt on sunday afternoon. they say they are looking for a black toyota rav4. im ofhootin identifd dekavis. 's car has been broken into and when he noticed a suspects break into another car, he and out of -- he interrupted that burglary. that is one a passenger in that suv shot davis. >> do not come oakland police chief armstrong is talking about the recent -- 20 officers in the coming weeks. why the city believes more police officers are the answer and why others disagree. >> we were prepared and we will be prepared moving forward, especially trained officers that are trained in de-escalating these situations. reporter: he is stepping up efforts to combat the high crime have -- the high crime happening in the city. >> 676 officers currently at the

department. that is the smallest stuff that we've had in several years -- staff that we've had in several years. reporter: the city is pushing to add more officers in the coming weeks. 22 cadets will soon graduat and join the department -- soon graduate and join the department. the city needs to put more money into community resources and not the police department. >> when he to be investing in root causes. we need to make sure our committee members our housed and clothes. interrupting violent prevention means a crime doesn't happen in the first place. reporter: but the city says they need police support right now. the mira said the department -- the mayor said the department needs more funding. >> we put our money where our mouths are, that is not just expressing our gratitude, but actually getting them the adequate staffing so that there is backup.

so that there are consequences with these arrests that are investigation -- arrts, our investigations are adequately staffed. reporter: he said public safety and oakland is currently in jeopardy. >> i understand people's desire to have progressive ideas and reform of policing. i don't think you can do it at the risk of public safety. reporter: brooks disagrees, saying the best thing for oakland is to not patrol the crime but to make the community stronger. >> it does not make communities any healthier or wholer. we need to get in front of it and we want a holistic, humanitarian response that's going to really pave pathways to safety for oaklanders. >> governor newsom calls it a huge victory for the safety of all californians, after a court today upheld a state ban on high-capacity magazines. the federal appeals court overturned to lower court judges. it was a split decision that may

be headed for the u.s. supreme court. judges ruled that there is no evidence that people have been unable to defend their homes due to a lack of large capacity magazine. the ban prohibits magazines that hold more than 10 bullets. >> let's move to the latest covid-19 developments. there are several. the considering stricter testing requirements -- the biden administration is considering stricter testing requirements for everyone entering the u.s. that will require everyone to be tested one day before boarding flights. but who recommended people 60 and older postpone international travel. with this virus. we are starting to see cases increase in the u.s. europe has been seeing a dramatic acceleration of cases. international travel right now, unless there a compelling reason to do it, should be postponed.

>> testing protocols are still being finalized. thursday, president biden plans to outline a detailed strategy for fighting covid this winter. stocks drop to get on renewed concerns about the omicron variant. the dow lost more than 650 points. the nasdaq was down 245. the s&p lost 88 points. stock futures open tire this evening to recover some of those losses. >> a pill to treat covid-19 cleared a major hurdle today for full fda authorization. fda advisers voted 13-10 to recommend emergency use authorization for the pill. members were worried about the drug's possible risks to pregnant women. merck says the capsule can reduce the risk of severe illness or death from covid by 30%. it will be the first oral antiviral treatment to fight covid, if approved. >> elizabeth holmes, back on the stand today. how the prosecution tried to

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>> today was a critical day and elizabeth holmes' case. >> she was questioned by the prosecution for hours on key pieces of evidence admitting fault and much regret. >> stephanie sierra has the latest from federal court. reporter: we saw a lot of hesitancy today from elizabeth holmes, after being as simple and direct questions about her communication with several colleagues. she said she messed up and wished she had done things differently. a day after holmes' emotional simoni accusing her former ceo and boyfriend of raping her throughout their 11 year relationship, the prosecution paints him as a loving supportive partner, a partner she often romantically referred

to as tiger. this legal expert joined us in the courtroom. >> for the prosecution showed was several years of text messages between the two of them where he expressed his love towards her and her towards him, so that's kind of undermining the potential defensive there was an abusive relationship. >> she not only testified she ended the relationship but admitted she could've fired him at any time. the key for the prosecution has to prove they had the intent to defraud or at least conspired to do so, by illustrating evidence that they were working together. >> the prosecution is illustrating how the two of them had plans together, had goals together and talked about their problems, showing the two of them were working together, as they allege, to defraud the investors and patients. reporter: they revealed the text messages between holmes and

even going as far as reaching out to the paper's owner, who happened to be a significant shareholder. holmes admitted she removed lynwood from company documents into walgreens. she also testified that technology could only perform 12 essays, despite promising investors otherwise. this could complicate her strongest offense that she truly believed in her own product. >> shifting gears, today's a day of giving, meaning some donations may actually stretch further. still ahead, we introduc

>> nationwide, today is known as giving tuesday, when nonprofit organizations remind us to consider their needs as we shop for friends and family. here, we call that a day of giving, and we want to highlight the groups helping build a

better bay area at a time of unprecedented need. leslie brinkley is live now from concord at the food bank of contra costa. we can look no further than the food banks for an example of need in this community. reporter: exactly. there is the giving of food and the giving of your time. behind me here, a lot of volunteers from a more just -- a mortgage company and walnut creek are bragging about goals to be given out at the food pantries here in the east bay. for volunteers, inflation is also taking its toll, it costs them more money to drive out to volunteer and help out. so there is a need for people to give time, there's a need for people to give money, and that's where abc 7 stepped in today to help. we want to thank you for providing healthy and nutritious meals to the people of contra costa and solano. on behalf of abc 7 and disney, i

would like to present this check to you, to show our support for helping those who are food insecure. this is $15,000 in a produce grant. >> thank you so much, the dissing produce grant has been a reliable source of funding for the food bank for almost a decade now, roughly half of all the food we distribute is fresh fruits and vegetables. so this donation will definitely provide significant amounts of fruits and vegetables for our community and we thank you very much. >> to give you some idea of how far that $15,000 goes, every dollar feeds two people in these counties, so it's really important to gather the money, to get the produce and get it out there to 263 partner agencies. they use some of the money is altered by things like milk.

it costs so much more, inflatiom has eroded the power of these food pantries' dollars. another reason to give and give deeply this holiday season. i'm leslie brinkle bri >> no one should go hungry. cash donations are even better than donating food, because they buy in bulk, very efficient. >> the temperatures are really warming up, drew. >> it is like spring out there. drew: today we hit a record warmth into cities, san jose and santa rosa hit record highs today in the low 70's, and we will likely find more records tomorrow. the warm weather is sticking around. here is a live look from the emeryville camera. not a cloud to be seen on the horizon. we are looking at a fog free

forecast overnight tonight. mostly clear overnight tonight. and discussed the nr hills, with offshore winds that are helping to supply the warm weather. it does turn pretty breezy first thing tomorrow morning. record highs, very likely tomorrow. over the weekend, we will turn cooler. still above where we should be for this time of year. if you hours -- in a few hours, with close the book on november. the past couple of weeks have been rather dry. rainfall has been below average this month. we look at the next 70's, not much to talk about unfortunately -- the next seven days, not much to talk about unfortunately. for right now, it looks like the bay area will remain dry for the next seven days. we will keep you updated of the storm goes further to the south. for the last day of november, it's a warm evening. 66 in the city right now.

63 oakland. here are the gusty winds, offshore right now, gusting to 37 at st. helena. we are not going to see much in the way a fog, mainly clear skies overnight tonight and temperatures mainly in the mid 40's to lower 50's first thing tomorrow morning. and i morning, we are starting out on the mild side. that sets the stage for us to quickly warm up by lunchtime. well into the 60's. we saw several more hours -- we still have several more hours of warming to go. it is a mild start to december. tomorrow is december 1. it feels very warm out there. so many in the city. 72 oakland. 75 san jose. -- 70's and the city pay would mid 70's to low 80's. here's the accuweather forecast pay would records are very likely. we are stay above average pay would we see minor cooling. saturday and sunday, morning fog

to afternoon sunshine. temperatures in the upper 60's, above where we should be for this time of year. we will see if we can get the ring back in the forecast. >> that will be nice. >> while the omicron variant has yet to surface here in the u.s., a race is underway to produce and use its dna to determine how well existing vaccines work against it. the bay area is playing a key role. reporter: adam was the lab that key researchers turned to one the delta variant emerged. >> we want to know as quickly as possible of the vaccines we have been taking are sufficient to capture omicron or not. reporter: orders started coming in friday. they can produce thousands upon thousands of tubes with a single dna sequence. from that, multiple copies can be made. pharmaceutical companies will use a dna to test the effectiveness of their vaccines.

others will determine how well antibody therapies work and whether diagnostic tests can identify omicron. associates have made this their top priority, speeding up the process from two weeks to mere days. >> it takes us five days from when we take the order, until we put something in a ups envelope and ship it out to the customer. reporter: a third of the orders are from bay area biotech customers. another third from companies based in the boston area. the rest destined for labs and 100 countries overseas. >> based off of that dna sequence, we can assemble all the different proteins and surface molecules that sit on the virus. reporter: while the pressure is on to produce more samples, there's a a supply chain issue hitting this industry as well. these plastic bottles and others are in short supply. suppliers are making sure because of the importance of this research, that these models are getting to adults.

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the pandemic and how their work continues in spite of those. reporter: make-a-wish greater bay area gives critically ill children hope through life-changing wishes, but making the wishes come true has become more of a challenge in these virtual and distanced times. >> we have had to put a number of our kids' wishes on hold. mostly, many of our kids want to take a trip someplace. reporter: the pandemic instantly put a pause on all of that. make-a-wish still wasn't able to grant international or cruise wishes, but they are managing. >> what i've seen is the spirit. the spirit of make-a-wish is a full community of people coming together. making it happen for the kids. something magical happens to each of us as we do this. reporter: magical indeed. i've had the honor of working with make-a-wish for a decade. i've seen so many wishes,

like these, bring so much joy to those who need it most, joy that can truly be felt worldwide, because who can forget that one tiny little wish i got to be a part of that became one huge phenomenon? >> we begin this morning's broadcast with breaking news from san francisco. >> we need you. >> and bring the kid. >> when a lot of people think of make-a-wish greater bay area, the first thought is that kid, that was the wish her around the world, but most wishes are not as grand and scale but equally as impactful for the child getting that wish. >> whatever a is going through is so different. -- >> what every child is going through a still different. years ago, we had one little girl, she was finishing up her

cancer treatment, she just wanted to have an ice cream party in the park with a few of her friends. that is so sweet. and the power of that -- it's as powerful as the wish that we did in oakland recently, going through her cancer treatment's and her bone marrow transplant, her big wish was to do something inspirational for others in the community. reporter: we were there for the reveal of her wish. this beautiful mural she helped create outside of the hotel in oakland. her message? one we can all take to heart. >> it doesn't get easier, you just get stronger. >> just get stronger. they did great work. >> we hope you consider helping out. "world news tonight" with david muir is coming up next. >> we will see you in half an

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tonight breaking news, a deadly school shooting at a high school in michigan. the images coming in. at least three students shot and killed, eight people wounded, including a teacher. the 15-year old suspect, a student at the school, allegedly armed with a semi-automatic handgun. pierre thomas standing by with late reporting tonight. also developing as we come on the air tonight, this new variant, the omicron variant spreading to at least 20 countries. tonight what the director of cdc says we're doing in the u.s. to track it here and the different messages from moderna and pfizer about the vaccines. how well they might perform against this variant. tonight the level of antibodies in your system after the vaccine and the booster and why that's so important.