serious allergic reactions may occur. watch me. ask your rheumatologist about cosentyx. >> building a better bay area. moving forward. finding solutions. this is abc7 news. ♪ >> he thought, i think, the institution is really has concern, that is not an appropriate time to create a vacancy. >> supreme court justice stephen breyer, calling it a career after more than 27 years on the court, allowing president biden to appoint a successor and possibly the high court's first black woman. thank you for joining us. >> the 83-year-old is the oldest member of the supreme court, born and raised in san francisco. today, we spoke to his brother about his career, today's announcement, and what comes next. she joins us live. >> his brother, george charles

breyer, says this was not an impulsive decision. he told us as brother loves his job is in good health and had to ruminate about this for quite some time. he said ultimately his brother ever the pragmatist decided it was an appropriate time to create a vacancy. after serving nearly 30 years on the nation's highest court, justice stephen breyer is expected to announce his retirement. the 83-year-old san francisco native is known as the court's ultimate pragmatist. his brother told abc seven news today that it is that pragmatic thinking that led him to this decision. >> >> he didn't want to die on the bench. he thought that is not a good way to exit. reporter: he was nominated to the supreme court in 1984. by then-president bill clinton. here he is at his confirmation hearing. >> i was born as you heard and i grew up in san francisco. schools, grammar school, lower high school. reporter: as he introduced himself to the country that day,

breyer has deep roots in the bay area. he was born in san francisco in 1938. became an eagle scout and graduated from lowell in 1955. where he was on the forensics team. he went to stanford, harvard law, and the rest is history. what's his approach to the law? >> extreme pragmatism. if we decide something this way, what does it mean? what is the meaning of this decision? how will it affect people? reporter: his brother charles, a u.s. district judge for the northern district of california, said he's proud of his brother's work as a member of the 1984 u.s. censusing commission, where he developed a set of sentencing guidelines still used today. >> it has brought an order to sentencing. and it has attempted to eliminate disparities. and it has tried to promote fairness. not always succeeded. but i'm pretty proud of that. reporter: in recent years, as the balance of the court tip to the right, breyer has faced pressure to step down. >> there's a really keen, a

really urgent awareness among the political left, that they will lose the opportunity to shape the supreme court for the next generation, really, if they are not able to take advantage of every retirement possible. >> he fully understands that politics plays a role in all of this. and by the way, in a way that is his philosophy, now that -- not that it's political, but pragmatic. and part of pragmatism of course includes the political aspects of it. reporter: his brother does expect after his retirement, he will look at from washington, d.c. to cambridge, massachusetts, likely not here in the bay area. he says he's excited and he will get to spend more time with his brother and excited his brother will get to explore many of his other passions, including his family and grandchildren, architecture and cooking. it seems like it was both the right time for him and perhaps as well the biden administration. ama: the moment this was

announced. discussion began around his replacement. a judge from california is reportedly on the shortlist. what do we know about that? reporter: judge leandra k. on california supreme court is on biden's shortlist. she's one of four black women believed to be on the shortlist. president biden has pledged to nominate a black woman. should there be a vacancy to the court. that would be a first. no black woman has ever been nominated to the supreme court. ama: thank you, liz. >> pretty devastated. had packed up pretty much my entire apartment into that u-haul. still processing. >> we are scared. we are considering moving, because it's become so horrible. larry: tonight, victims of theft from both sides of the bay are speaking out to share their stories and to warn others. as many crime victims no, the fear remains, even after the things that have been stolen are

found. the peace of mind, much harder to recover, with the victims were met reluctant to have their faces on camera understandably. today the police chief talked about the most recent crime statistics, highlighting a disturbing trend that shows an increase in gun violence victims. melanie woodrow has the numbers and talked with one couple who was the recent victim of attempted robbery. reporter: these newlyweds wanted to be proud of their wedding and shared these photos with family members who couldn't be there due to covid are now terrified to show their faces captured on their special day. >> it's very disappointing. reporter: the couple us not to reveal their identity after someone jumped out of a car and attempted to rub their wedding photographer of his camera. >> it just all happened so quickly. reporter: the photographer, ken mendoza, says he held onto the camera because the couple's photos were not backed up yet and he had another camera previously sold. >> looking back -- previously

stolen. >> looking back, my life was at risk. reporter: the couple ran and hid in a nearby parking garage. >> we played the criminals, but i feel london -- i feel they are equally to blame. because the city has gone to a horrible place. reporter: nothing is more important than to make sure that people who live in the city, people who work in this city, people who visit san francisco feel safe as they walked down the streets. reporter: today the mayor and the police chief announced the city's 2021 crime statistics, homicides are up, as are homicide victims. which includes fatal and nonfatal incidents. >> that's as high as we've been since 2016. reporter: one of the suspects and mendoza's attempted robbery reportedly had a gun. >> that morning, one of us could have woken up a groom and ended the day is a widower. it is beyond belief. reporter: robberies are slightly down, while aggravated assaults are up. >> it is something we have to

turn around and on the investigative side we have to do more in our investigations to solve more of these cases. reporter: the police chief and mayor emphasized the need for funding for officers. something mendoza wants as well. >> more police presence in some of these iconic areas is really important. reporter: the couple feel forever bonded having shared the happiest and possibly scariest moment of their lives with mendoza. >> i think of them as my hero for that day. reporter: melanie woodrow, abc seven news. ama: office is threatening to redirect the money. redirect the money. >> that means the police academy classes already struggling with recruitment for police departments won't happen. that means no more backfilling of officers. no more getting police officers on the streets and -- in the numbers that we need to ensure safety.

ama: the mayor introduced a safety public funding measure to ensure critical services continued through the end of the fiscal year. have increased their use of overtime pay due to staffing shortages. each department has lost about 10% of its staff in the last two years. dan: in the east bay, a couple is speaking out tonight after their u-haul truck packed with irreplaceable things will stolen, just one day -- was stolen just one day before they were set to move to los angeles. we spoke with them about what happened. reporter: inside this truck, irreplaceable things for one couple. they were planning to move to southern california this week, but now are on a search for their missing items. >> all my furniture, household items. that stuff is replaceable, but some irreplaceable stuff is sentimental items. heirloom furniture from my grandmother who recently passed. reporter: the woman did not want her name her face john for her safety. >> that was parked right here.

where this blue honda is. reporter: a couple thought it was safe to leave the truck parked overnight there, until they woke up one morning this weekend so it was gone. >> that's the lock. i checked if there was things of value before stealing the truck. >> we have seen some credit, debit, and check fraud happening already. which we believe means that people have gotten into the boxes. to get to those. reporter: the woman posted on next door and instagram to spread the word in case anyone sees the truck. she just wants her stuff returned. >> if we recover it, mostly trying to get back, you know, our belongings and some of those are replaceable sentimental items. >> abc7 news. dan: oakland police told ryan chp has found the truck. the couple is relieved.

but they really have no idea whether any of their belongings are still inside, some of those treasured things. they won't be able to find out until u-haul is able to deal with the truck, which could take a couple of days. we will keep you updated. ama: a san bruno jewelry store owner took matters into his own hands to stop a smash and grab robbery last friday. the video shows a person run into the jewelers in the mall and take a crowbar to the display case. watch, as as the owner confronts the thief. the thief and two others ran off empty-handed. lawmakers need to act to protect businesses like his, he says. >> do something, anything. it's their job to protect us. to make some sort of a law that we can protect ourselves with at least. ama: he says unless something changes, business owners like him will remain on their own. he doesn't when police,

saying they can't be everywhere, and they couldn't possibly respond fast enough to stop crimes like this. dan: coming up, the oakland school district trying to cut costs and manage a budget shortfall. now more than a dozen schools are being considered for closure. many as soon as next year. ama: workers for the organic frozen food company name is kitchen are speaking out over unsafe conditions at the northbay facility. the allegations and how the i was injured in a car crash. i had no idea how much my case was worth. i called the barnes firm.

when a truck hit my son, i had so many questions about his case. i called the barnes firm. it was the best call i could've made. your case is often worth more than insurance offers. call the barnes firm to find out what your case could be worth. we will help get you the best result possible. ♪ the barnes firm, injury attorneys ♪ ♪ call one eight hundred, eight million ♪

dan: parents are outraged after learning a number of schools in oaklands could close. it is information the school district says was not supposed to be released. this is a map with the proposed closures for this year. mike hutchinson released the list, saying he wanted his constituents to know. the oakland superintendent says the information shared was from a draft and is not the final set of recommendations. it is already getting negative

feedback. >> we are losing not only just the education but the support system, losing their friends, they are losing their teachers. this is all in one still of the service. dan: teachers say the final vote is going to happen february 8. ama: amy's kitchen workers are drawing attention to what they say are unsafe conditions at the company santa rosa production facility. they were joined by members of the teamsters union at the company's drive-thru store today. they claim the company is speeding up conveyor belts, causing worker injuries. >> they are speeding up the lines, we have workers getting fingers and whatnot topped off or cut. we have workers lifting very heavy product. that should not be lifted by one or a couple of people. reporter: -- ama: the organic frozen food company released a statement saying it's committed to turning worker feedback into action. dan: still ahead, clean energy

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ama: both the dow and the s&p 500 finished lower after the fed signaled their plans to begin raising interest rates soon. the nasdaq was able to hold onto gains made earlier in the day, finishing up nearly three points. dan: tesla stock fell late today even after the company reported record fourth quarter and full-year earnings. tesla says its factories have been running below capacity for several months because of supply chain snags, which will likely continue through the year. despite that, tesla still made more than $2 billion in the fourth quarter and $5.5 billion in all of last year. ama: automakers are focused on a future without gasoline engines, with california pushing for solutions to tailpipe emissions and climate change. dan: today governor newsom was in palo alto where zero emission

vehicle development is a focus to promote his plan to spend billions to ease that transition for consumers. ama: climate is a key element of building a better bay area. david lowood looks at how the governor wants to invest $6 billion of your tax money. reporter: innovation has long been at the heart of what silicon valley does, developing a carbon free future with electric and autonomous vehicles. automakers like ford ally in governor newsom. he sees them as essential partners in the new $10 billion zero emission vehicle spending plan. >> you can't be serious about addressing the issue of climate change and decarbonizing your economy and running your economy on a carbon free engine unless you're making the kind of investments to partner with companies like ford and other automobile manufacturers to do just that. reporter: with a goal to end the sale of gasoline powered vehicles by 2035, the governor wants to find $6 billion in the

next budget to ease the transition. the money will go toward expanding the network of charging stations and support development of zero emission trucks, transit and school buses. a a quarter billion dollars will be earmarked to help low-income residents buy new or used zero emission vehicles. >> this is not just about fighting climate change and reducing pollution. it is also about removing barriers so that just a privilege for you -- the privileged few can benefit from this clean energy technology. reporter: the plan must win approval from the state legislature which previously approved for billion dollars -- $4 billion in the current budget. automakers are moving quickly with electric trucks. such as the ford f-150. california is already the nation's largest market for zero emission vehicles. the state could develop into a significant exporter. >> silicon valley's always kicking t, what's the next big thing? reporter: in palo alto, david

lowood, abc seven news. ama: time to get a check on our weather. dan: it's a good day for solar power. the sun is shining. cindy: the fog just burned off fast today after it was so thick this morning. i want to show you a lift picture right now, one thing you probably have noticed is it is hazy. you can see the silhouette of the hills. certainly the haze, as we look towards the coast. that's going to stick around. temperatures right now -- 60 degrees in santa rosa, 57 napa, upper 50's in concord, livermore. highest today, anywhere from the mid-50's to gilroy getting up to 70 degrees. it is really obvious, as the sun is setting, that we do have not so great air quality, a lack of winds here and a dry ms. 60 degrees san francisco. 59 san jose. 57 oakland. air quality right now, moderate

in pockets from san francisco to oakland and san jose. even from the emeryville camera, you can see as we look toward the port of oakland, how hazy it is right now. air quality will be moderate the next four days, keep that in mind. we are showing the lack of fog at this hour, as we take a look at what is going on in the accuracy -- in the atmosphere. high pressure blocking storms from getting here, so san francisco is on top to be the 10th driest january on record. the average rain is just over four inches. taking a look, the last time we had measurable rain was on the seventh of january. it's been quite some time. now it's looking like we will be closing out most of jan, on a dry note -- january on a drano. another morning with patchy frost and fog. there's a slight chance of showers late sunday night into monday. tomorrow morning, once again bundle up. we will have some patchy fog out there. temperatures mid-30's to the upper 40's.

some frost as well. afternoon highs, they are just going to bounce right back compared to what they were in the morning. numbers will range from the low 60's to mid 60's. a mild and sunny afternoon. 66 san jose. 64 oakland. 62 san francisco. mid 60's for santa rosa, fairfield. well above average for this time of year, as we have seen. taking a look at what's ahead, no rain. sunday night, a system tries to get in here, going into monday. like i said, it's a slight chance of showers, the models keep flip-flopping, looking dry all the way through saturday, fe -- saturday, feb. 5. a 30% to 40% chance of below average precipitation here in the bay area. it is a cold morning followed by a mild day. mild schooling is expecting for friday, as we head into the weekend, increasing clouds with a chance of some showers sunday

night into monday. if you had to make a bed and you were gambling, i would not bet on that. dan: thanks. ama: family and friends are remembering an early silicon valley real estate developer and philanthropist. john ariaga passed away at his home according to social media posts from family members. he was one of the founders of a firm that built corporate campuses for apple, google, and cisco among others. he was also the namesake of the ariaga family center, the 67 bedroom ronald mcdonald house in palo alto, which he supported for several years. he was well known as -- he was a well-known stanford alum and owner. several buildings on the school campus are named in his honor. dan: after a thrilling win on saturday, the 49ers are back to work, as they gear up for sunday's nfc championship and ellie -- in

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. women are living longer than ever before with kisqali when taken with an aromatase inhibitor or fulvestrant in postmenopausal women with hr+, her2- metastatic breast cancer. kisqali is a pill that's significantly more effective at delaying disease progression versus an aromatase inhibitor or fulvestrant 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. ask your doctor about living longer with kisqali. dan: you can get your life newscasts, weather and more with our new abc 7 bay area app. just search abc 7 bay area and downloaded. finally tonight it is once they are on the nfl, the 49ers begin

a new practice would, one went away from making it to the super bowl. ama: are sports anchor, chris alvarez,'s life from levi stadium with more. -- is live from levi stadium with more. reporter: not many fans would believe that after a three and five start -- but you are looking for a turning point in my opinion it was the week 10 game, the monday night game in mid-november where the niners ran all over the rams, 31-10 here at santa clara. that game was on abc7. let's look at practice video. the tight ends -- magic tricks. those guys know how to have fun. dancing around during warm-ups. there he is -- the team, breaking the huddle. they had a nice speech i'm sure. he was throwing the ball over the practice field. as for sunday, the 49ers have won six straight against the rams. while there is confidence,

they believed there is a right to play in the super bowl. >> there's a fine line of studying the tape as well as you can. we know these guys as well as possible. playing for third time no. nothing will surprise us. >> we are one of four teams still in it. everybody is speaking at the right time. that's what the season is about. >> it's just a football game and everybody is going to go out there, we are going to play as hard as we can, and we are going to see who makes the most place and who makes police mistakes. >> this is the most focusedwe've been all year . i hope that continues throughout the week. reporter: more coverage coming up at 6:00 with larry beale. dan: "world news tonight" is next. we appreciate your time. ama: from all of us here, thanks for joining us. see you again at 6:00. [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy.

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tonight, breaking news as we come on the air in the west. the major news at the supreme court. justice stephen breyer set to retire. and we have now learned that president biden will make the announcement official at the white house tomorrow. the 83-year-old justice breyer, the most senior member of the liberal wing. tonight, president biden, what he said today about justice breyer and what comes next. the president campaigning on a promise to nominate a black woman to the supreme court. tonight, the short list right here. and how quickly will the senate move? what we're learning already. terry moran at the supreme court. mary bruce at the white house. rachel scott on the hill. also tonight, what could be a dangerous nor'easter. this evening, the two new models just in. the two possible tracks. and how much snow is possible?