it's going to be a wild run. right now at 4:30, a twitter takeover. elon musk is taking the reins of the san francisco-based tech giant, the drastic changes the company is already making right now. plus, a decision has been made. an east bay d.a. will not charge an officer after killing a man last year. an all-new response from the victim's father on the decision. and a disturbing video of a hit-and-run involving a woman and her grandson in the south

bay. the new warning from police as families will soon be flooding the streets for halloween this is "today in the bay" streaming live on roku, amazon fire, apple tv and online. good friday morning. i'm ginger conejero saab. laura garcia is off today. >> and i'm marcus washington. a look at that commute coming up in just a bit. we want to start with some breaking news to tell you about. right now a small 3.0 earthquake has struck in hollister south of east gilroy. this was around 3:40 this morning. it caused some minor shaking near the calaveras fault. >> let's head over now to meteorologist kari hall who is going to tell us how and what people are going to be waking up to this morning. kari? >> may be shaking for a different reason in the south county, maybe because it's so cold and we have temperatures in the low 40s in san martin. it's going to continue to get a

little bit cooler as we approach sunrise. take a look at our temperatures around the bay area with some low 40s in many spots and low 50s in san francisco, san mateo and oakland. elsewhere we do have 40s as you get up and head out. take a look at santa rosa. 43 right now and we'll see a mix of sun and clouds for today especially throughout the morning. but we are going to gradually warm up, and it will shape up to be a nice afternoon. mike, you were looking for reports of a wrongway driver. i found a report and the traffic break didn't catch it, but it happened apparently eastbound, away from the bay bridge, eastbound 80 into berkeley and then toward buchanan is where the traffic break was reported. we'll look at the sensors. we didn't see any problems. it was so quick the sensors really didn't register getting away from the bridge. wrongway driver always a big alert on the chp report. it looks like everything is cleared without further incident. we do see slowing across the golden gate bridge.

crews are still clearing. the cones are still there so they still have some clearing to do before the bulk of the morning commute. it may be slower out of san francisco. back to you. >> thanks, mike. now to that twitter takeover, elon musk is all in and three top twitter executives are out. >> twitter's ceo, cfo and policy chief are all no longer with the san francisco-based company. "today in the bay's" gia vang has more. >> reporter: this months long saga comes to an end and the elon musk era at twitter this block buster move coming one day before musk had to complete that $44 billion acquisition to buy twitter or face a trial. billionaire elon musk using the services of his newly acquired company twitter is freed. this in sf earlier this week with a sink in hand. musk then took to the social media platform with a message to advertisers. the reason he acquired twitter was to have a digital place

where, quote, a wide range of beliefs can be debated in a healthy manner without resort to go violence. he added twitter obviously cannot become a free-for-all hell-scape where anything can be said without consequences. >> twitter has not made money for ten years. it needs to make money. that's something he knows how to do. maybe he'll make it work better. i'm not sure it will feel better. we might see more freedoms but i doubt we'll see more stability. >> reporter: that is a professor who says earlier reports of cutting 75% of the twitter workforce could prove challenging for the free speech absolutists. >> part of the reason if you have few restrictions or regulations, it may appear to make speech freer, unrestricted harassment and personal attacks will thwart free speech. >> reporter: which is what others wondered as well. >> i think there should be a

diverse panel to have checks and balances. >> there's enough problems with the internet already. >>e might destroy it. i don't know. >> reporter: a thought that doesn't necessarily breed confidence if you work at twitter. many employees choosing not to talk to us as they walked out of work. >> whoever will stay on at twitter, it will be a wild ride. >> reporter: musk tweeted about trump and ye calling them the three musketeers. trump is not on twitter, so we'll be watching. gia vang, "today in the bay." happening today the suspects in the kidnapping of a san jose baby are expected to be sentenced in court. you might recall back in august ramirez and her boyfriend pleaded no contest for the kidnapping of baby brandon. as for the motive in the case, testimony indicates ramirez allegedly told another boyfriend

that she had given birth to his child. then kidnapped brandon because he demanded she show him that baby. ramirez faces up to 14 years in prison and for theo could get up to five years. also today students at santa cruz high school returned to class after a fake report of an active shooter forced the school to shut down. police say someone called 911 yesterday reporting an active shooter inside a classroom with multiple gunshots victims. students spent hours in lockdown as officers swarmed the school. it turned out to be a prank. police are working to track down the person responsible for the scare. now we brought you breaking news coverage of the frightening incident yesterday. be sure to stick with us as we continue to follow the latest developments both on air and online at nbcbayarea.com. a former deputy sheriff will not face any additional charges for killing tyrell wilson. this was the mentally unstable man in danville. this is according to wilson's

attorney and father. today the contra costa district attorney will hold a news conference making it official at 10:00 a.m. "today in the bay's" cheryl hurd spoke with wilson's father about the decision. >> i have a jacket on, a half mannequin, with his picture above it. >> reporter: a former athlete and good student, this is how marvin wilson wants to remember his son, 33-year-old tyrell wilson. but he's forced to face the fact that tyrell was suffering from mental illness when he was killed by former contra costa sheriff's deputy andrew hall in march of last year. >> i lost my only child, my only son. >> reporter: you are looking at body cam video released by the sheriff's department showing wilson with a knife. you can hear former deputy hall ordering him to put it down before he opened fire on wilson in danville. >> drop the knife! drop the knife! >> reporter: contra costa

district attorney told tyrell's father the deputy involved will not be criminally charged with the killing because her office can't prove beyond a reasonable doubt hall broke the law when he fatally shot wilson. >> i'm disappointed but i'm not surprised. >> reporter: he said he's not surprised even though hall was convicted last year of assault in the deadly shootinof laudemer arboleda in 2018. arboleda also had mental issues. >> i understand the d.a.'s position. i don't necessarily agree with it. i appreciate it. i do think there was sufficient evidence to justify criminal prosecution. >> reporter: wilson says he understands both sides of the issue but -- >> my child was supposed to bury me, not this way. >> reporter: cheryl hurd, "today in the bay." vigilance is key this halloween as san jose reaches an all-time high in pedestrian

accidents. there have been 29 deaths just this year. now you may remember this week a disturbing accident sent a grandmother and her 3-year-old grandson to the hospital as they were crossing a street right next to the st. victor catholic school. the suspect is still on the loose. the car is described as a gray mazda three hatchback. the family is worried and taking extra precautions. they will be buying extra lights and reflectors and hunting for neighborhoods blocked off to incoming traffic. >> we just stay on the sidewalk, not go in the streets a lot, look out for the kids, the younger ones. >> the city says they will be hosting several outreach events to help families stay safe this halloween. they recommend staying in groups, making eye contact with drivers, letting cars pass using cross walks and staying visible. important tips there.

4:39 for you this morning. a rocky year for amazon. next on "today in the bay," the reason the tech company shares are taking a big hit. plus, beer sales? they're dropping. the other set of drinks making for some stiff competition. stay with us. you're watching "today in the you're watching "today in the bay." i see it in my office all the time. kids getting hooked on flavored tobacco, including e-cigarettes. big tobacco lures them in with flavors like lemon drop and bubble gum, candy flavors that get them addicted to tobacco products, and can lead to serious health consequences,

even harming their brain development. that's why pediatricians urge you to vote yes on prop 31. it stops the sale of dangerous flavored tobacco and helps protect kids from nicotine addiction. please vote yes on 31. vote yes on prop 31.

good friday morning. 4:42. one more commute before you get

to sleep in. gilroy clear. no issues with fog. our temperatures cool down another few degrees around sun rise and then slowly warming up. a cool day. what's ahead for the week forecast coming up. i like that, counting down the morning commutes. through oakland everything is just fine so don't cross it off your list. i'll keep watching for you. right now watching the business world. silvana, good morning. good morning. i'm silvana henao from cnbc. stocks are pointing to a mixed open for wall street. major indices were mixed in yesterday's session with the s&p and nasdaq posting back-to-back losses. the dow saw its fifth straight positive session boosted by gdp data that hinted inflation may be waning. today investors will be paying close attention to earnings results from chevron and exxon mobil and data from the personal

consumption index, a key inflation indicator for the federal reserve. amazon issuing a disappointing fourth quarter forecast and missing revenue estimates in its latest earnings report. it's the second time this year amazon's results have been disappointing enough to spark a double digit percentage fell sof. like the rest of big tech, amazon has had a rocky year as they battle macroeconomic head winds coupled with a slowdown if retail business as more consumers return to shopping in stores. and beer is on pace to lose its leading share of the u.s. alcohol market to spirits. according to the report by the distilled spirits council, 2021 marked the 12th year spirits have taken away market share from beer in the u.s. beer, including hard seltzer, accounted for 42% of the market last year while spirits accounted for 41%. beer fans remain committed aalto

beer is shrinking in market size. 2021 beer sales were up 1% year over year. one of the ones that is taking over are the ready-made cocktails. >> that makes sense. you already have everything that you need. >> make it easy. >> exactly. >> absolutely. >> and if you don't know how to make drinks like myself, comes in handy. >> i just don't know why it took so long. it is friday. >> thanks, silvana. maybe some niners fans will be reaching for those drinks this weekend because game day for the red and gold is quickly approaching. still ahead on "today in the bay," what do the 49ers need to do to break their losing streak and get back in the winning column? we'll be right back.

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happy friday to you. it is 4:48 and we're waking up to chilly temperatures once again. as we get a look at the golden gate bridge, we can see just a little bit of fog as you're looking at the very top of the bridge and at least visibility is clear for your drive heading into san francisco. as far as temperatures for today, it's going to head up into the mid-60s reaching 65 in milpitas and 71 in morgan hill.

for the east bay it's mostly low 70s here from concord over toward martinez. a high of 71 degrees and 66 in fremont and hayward as well as oakland. moving over to daly city, 63 degrees. now with temperatures like this, some of us may have the jacket on all day, reaching 64 degrees in the mission district and north bay highs reaching into the upper 60s and low 70s. novato today expected to reach 71 degrees. looking ahead to the weekend we're dry and it looks nice through halloween, but i'm going to stop it here on tuesday when we finally have a good chance of rain. now as we get closer, it seems like the models are getting more consistent with showing at least some scattered showers from tuesday into wednesday as well as sierra snow. and for us that rain moves out of here by thursday for some cooler and drier weather for next weekend. let's talk about what the models are putting down for this rain.

the possibility of the light blue, about a quarter inch of rain or less. there may be a few spots that get more but this may be a bigger boost for the sierra with the possibility of anywhere from 2 to 11 inches of snow. palo alto going from 60s to highs in the upper 50s. we'll be watching out for all of that in the forecast as we head through next week. mike, now you're tracking a car fire? >> i are -- i are? i am. over to vasco road, both of those alerts but it's not an alert situation. a smooth drive, our major freeways. it is vasco road. this car fire should be cleared from the roadway. chp sounding like things are wrapping up. we do have the issue of the fact it's a very important roadway getting out of brentwood and down to 580. no slowing shows up. the car fire, no major injuries. should be clear. va5 minutes down to 580 itself.

lighter traffic out of the altamont but it will build, marcus. the national report card in math and reading is out and it is not looking good. the national center for education statistics recently released its national asoesment of educational progress and it found that student test scores decline nationally especially in math. they look at fourth and eighth grade students. students experience a steep decline. here in california two out of three students tested did not meet basic math levels. fifth grade math scores dropped five points. eighth grade math scores dropped by eight points. there were also some drops in reading. a three-point drop for both fourth and eighth graders. the founders of a nonprofit that focuses on developing children's math skills says the pandemic worsened an already existing trend in math and reading. >> we depend on math every

moment and we have to reali the fixing our elevators and air traffic control and delivering our medicines and we do not want an enumerate population. >> there are several ways to change the direction we're going and that includes raising awareness of low test scores to add urgency to improvement and more frequent testing. all right. it's 4:52 right now and it is too early for a must-win for the 49ers. that's a question a lot of people are asking. yes, it's only week eight of the season but the niners face a big test this sunday down in l.a. >> that's right. well, the good news is they're playing a team they've owned during the regular season. the down side, you never know which niners team will show up. here is "today in the bay's" anthony flores. >> reporter: after a surprising blow-out loss at home to the

kansas city the road to take on the l.a. rams. >> we've been in difficult spots before. i think what's gotten us out of it in the past is coming together as a team, being together and having a sense of urgency we need to fix it and fix it now. >> reporter: one area to fix, winning on the road. the 49ers are just 1-3 so far this season away from levi's stadium. the problem seems to be more with the team rather than the venue. >> it's hard to pinpoint one exact reason. i think it's a combination of things. >> offensively we have to execute better and defensively the same thing. >> reporter: injuries haven't helped. the 49ers in their recent two-game losing streak, they were down seven defensive starters against atlanta. last week a double digit number of players either missed or were limited at practice leading up to the kc game. kyle shanahan believes the best place for his team to get better is on the practice field.

>> it's very hard to play in a game if you don't practice. it's very hard when a number of guys aren't practicing and the practice you have is a walk-through. >> reporter: at 3-4 this is the second time this season the 49ers will face the rams with a losing record. they beat l.a. less than a month ago to run their winning streak to seven straight regular season victories over the rams. playing a .500 l.a. squad could be just what this 49ers team needs to get back on track. >> it's going to be a battle. i think both teams have their backs against the wall. we're going to have to bring the energy like we did last time here. >> it's a pretty simple game. we know each other well and usually comes into a physicality game and who turns the ball over the least and who makes one more play than others. >> we have to do it together. no i. no individual will do an i-zone. we have to do this as a team. that's what's made us great in the past. >> reporter: kickoff is sunday afternoon at 1:25 in los angeles. i'm anthony flores for "today in the bay."

>> we'll be right there cheering for you. now halloween is keeping up and some four-legged friends are looking to take over your home this holiday. next in "today in the bay," how you can bring some of these senior dogs home and make them part of your family. >> cute, right? happening now for you, a restaurant on the peninsula is cleaning up and boarding up after a car crashed through the front of the building. this happened shortly after 6:00 p.m. last night in belmont. that restaurant at the corner. now police say that one person was hurt in the crash. it's not yet clear if that was the driver or someone inside the restaurant. police are investigating wha police are investigating wha caused thet c

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if you're looking at another member to your family, you might want to think about getting a senior dog. >> this week san francisco's muttville is hosting its howl-aween adoption for those senior dogs. the adoption is tomorrow and sunday in san francisco. the adoption fees have been waived to help find the dog waived to help find the dog their forevehome.r

any questions, chris? all good, thanks maura! there you go, one new inhaler! nice did you get my refill too? maybe healthier is auto refills and delivery made easy. you're a lifesaver. have a nice day. fake! not real! okay, that's definitely not real... (scream) universal's halloween horror nights. featuring halloween and more.

breaking at 5:00, a break in the deadly shooting investigation of little saigon. the dentist shot and killed in an attempted robbery. the live report on the new video obtained this morning and the new revelations from police about the case. and a decision has been made. an east bay d.a. will not be charged in the killing of a man last year. the response from the victim's father and what he's saying about the decision. we let our kids walk and we pay attention. we even stop cars if we have to. >> halloween is just three days away. soon the streets will be filled with little ghouls and goblins. the new warnings from police for drivers and pedestrians. this is "today in the bay" streaming live on roku, amazon fire, apple tv and online. and a good morning to you on this friday. thanks for allowing us to be a participate of your morning. i'm marcus washington. >> and i'm ginger conejero saab. laura has the day off. we made it.