live from the cbs bay studios, this is kpix5 news.

right now on kpix5 and streaming on cbsn bay area, gunfire explodes during a car break-in. >> we are seeing the highest numbers we have seen since the pandemic began. >> a record number of children are hospitalized with the coronavirus. teachers rollout a street protest and hundreds call out sick. a massive sickout impacting thousands of students. good morning, thank you so much for joining us. i am devin fehely. >> it is pocket this morning in the northbay valleys. it looks cloudy enough over the city, but you can see what it

looks like coming across the golden gate bridge. the only place you need to watch for this is in the northbay valley. all up-and-down 101 through sonoma and napa. if you look at the visibility readings, it is down to 1.7 for livermore. considered the tri-valley as well. i will show you how long it will take for this stuff to clear out of here. concord, 39. 51, san jose. daytime highs in the upper 50s. devon, back over to you. new video that shows a man doing something we would like to think we would be capable of. he saw a crime in progress and noticed thieves breaking into a neighbor's truck. he pulled out his cell phone and started recording. that is when things to violent turn. >> reporter: luckily the victim was like it i gunfire.

residence are frustrated by what they are calling escalated crimes in this quiet neighborhood of golden gate heights. security video shows a resident running out of his home and holding what appears to be a phone filming two suspects stealing from a gray. up. he yelled at the thieves as they hopped into a getaway vehicle on 11th avenue near ortega avenue wednesday morning. that is the sound of gunfire. there was no report of injuries. a neighbor was home at the time and heard the shot. >> my neighbor across the street saw the whole thing and started to video the crime. >> reporter: several items including tools were stolen from the truck. scott said it belongs to the victims contractor. >> no one thought for stealing equipment they would pull out a

gun and starts shooting at you. >> coming here from arizona where a majority of people are armed there. i am not really used to being this defenseless, especially in such a terrifying situation like what occurred. >> reporter: daniel anderson lives on the same street. he said last week thieves stole two bicycles outside his front door seen here in the security video. scott says his car was stolen in front of his home about 18 months ago. >> it seems like the last four or five years, it has changed a lot. >> reporter: in san francisco, kpix5. a $10,000 reward is being offered for information leading to an arrest of an alameda

sheriffs recruit. he was driving home from training when he was shot as he neared the bay bridge. he crash into the guard rail and later died at the hospital from his injuries. and to the coronavirus outbreak. a record number of children are hospitalized with the virus. kpix5's is in nevada with how the virus has affected an age group that cannot be vaccinated. >> reporter: many experts are saying omicron is not as dangerous as other variants but it is making children sick enough to be hospitalized. >> we are seeing the highest numbers we have seen since the pandemic began. >> reporter: this dr. says moore unvaccinated children with pre-existing conditions are being admitted in the hospital's. kids are not being hospitalized

as frequently as adults but this highlights the effectiveness of vaccines. >> it has been what happens to disease it is clear that vaccines can protect adults and kids. >> reporter: the reports of omicron have many parents concerned. billy waited in the parking lot as his 13-year-old daughter got her booster. >> she is in there getting her booster, and we are happy about it. >> the state expanded eligibility for those in the 12 to 15 age group. they want to take every precaution to protect their family >> we might just keep our 13- year-old out of class and our four-year-old out of preschool next week. it is not worth taking a chance. >> reporter: this schoolteacher says parents have stepped up to

test their kids, and masking is being strictly enforced. >> it is so very limp that everywhere you turn, you have to be extra vigilant. in oakland a massive teacher sickout forced the district to close dozens of schools. we have the details on what teachers want and the impact of the sickout on students. >> reporter: oakland tech high school is one of 12-, schools the sickout. >> the school closure, students and teachers came to oakland tech to get some work done. >> i went because i need help with my work, and my teacher was still there. >> to support the teachers that did end up coming to school today. >> reporter: even though administrators told students yesterday to stay home.

>> i think it is weird to show up to school and there is nobody there. >> there is no one there. >> reporter: most students say they're not against the teacher sickout. about 500 teachers called out sick today which is 2.5 times higher than a normal day. many of those teachers protested. >> i agree that the best learning happens in schools, but i don't feel safe at school's right now. it is so painful, it feels like nobody cares. it is like we are being thrown out to the wolves. >> reporter: they want weekly pcr tests for teachers and students. k n95 masks for students and teachers. right now the masks are only for staff. they want paid covid leave. >> we are hoping our demands can be met so we can be back

with our students. >> repr: they are working to meet all of those demands. it was disruptive for families that needed to look for day care on such short notice. >> when you do this, you create problems for families and more dangerous circumstances for our kids. >> reporter: those teachers should be returning to work on monday. in oakland, kpix5 . peninsula, it is overwhelmed by covid cases and almost unbelievably has given up on notifying parents with someone in their children's class tests positive. palo alto unified said it is impossible to send out those notices that the district is selling families that they should just assume that all children have been exposed to the virus and get tested

weekly. the latest count is 300 positive cases and that only counts student and staff that came to campus. many people are waiting for npfit that runs it says they were running about 200 tests per day before the surge. >> today we did 600. we could do 1000 tests if we had enough tests. please send supplies as soon as possible. we needed today. we cannot wa another week or two weeks. >> some said that it took 4.5 hours to reach the testing booth. the positivity rate has hit record highs. more than 103 thousand new cases and a positivity rate of nearly 22%. doctors are confident the surge will subside as quickly as it

appeared. >> beginning february, we will get lower cases. by march we will be through it. through it meaning it will leave so much immunity it will stay down. >> last night governor newsom is activating the california national guard to boost the coronavirus's incapacity. >> for information on how to find a vaccine her booster shot, find our resource guide at www.kpix.com . still ead d staming on cbsn bay area a man who filed thousands of disability lawsuits strikes again. one business owner tells us there is only one solution. some alameda county restaurants are being told to

tear down their park let's. the order that has business owners fuming. we will be right back.

welcome back. a california man known for filing thousands of disability lawsuits against bay area

businesses is back at it. a peninsula of restaurant owner is calling on state lawmakers to step in. here is the exclusive from san carlos. >> reporter: francesca isn't mincing words about the recent lawsuit filed against his restaurant calling it a scam and abuse of the law. >> to be a moneymaker, i don't think it's right. >> reporter: his restaurant has never been at the center of an american with disabilities lawsuit until now. >> when a man by the name of scott johnson who is a quadriplegic said his tables were not wheelchair friendly. >> francesca was far from the only one sued by scott johnson. johnson has reportedly made millions of dollars filing lawsuits against california business owners for years. a few months ago palo alto restaurant owners told kpix5 that johnson filed similar

lawsuits against them that could cost them up to $15,000 to settle. they claim that he never even physically came to their establishments. >> none of our staff even recognizes this person. >> reporter: johnson is an attorney and has filed ada lawsuits against business owners for the last several months. >> is probably the worst time it could've happened. >> reporter: businesses are barely hanging on during the ongoing pandemic. francesco is settling with johnson to focus on his restaurant. he and other business owners plan to fight it lobbying for laws to prevent future serial lawsuit filers. >> it is a log, but it is not fair. we reached out to johnson's lawyer and have not received a

response. restaurant owners are fuming because they're being torn down to tear down their park let's and then rebuild them. they are requiring them to tear down the popular park let's. it's runs are required to apply for permits to meet safety and design standards. with omicron, many business owners are wondering why now? >> it is such a beautiful park let and i am sick at my stomach. >> i am surprised they are taking it down. we still have covid and that's a comfortable place to sit out. and observe the six foot distance. >> it is example of most donors to talk to was told as they plan on getting takeout or dining at home until they feel comfortable back indoors again. and the pandemic has created

issues regarding home furnishings. retailers are telling customers to purchase furniture now if they want it for next christmas. orders continue to roll in reading backlogs of up to eight months. headline in the forecast this morning. it is foggy out there. the golden gate bridge is a good example of that. the golden gate bridge is doing what the bridge does. if we look at the dense fog advisory, it is the northbay valley's up-and-down 101, sonoma, and napa. looking at the visibility readings, while the numbers are low for sure, down to .5 for napa and one mile for santa rosa. it's the numbers showing up over here for concord who were

down to one mild as well. you can see those inland valleys and then switch over to future cast and you can see the mid-level clouds and the fog. a good way to gauge how this stable go is to watch the clouds hang on for a while. we do get sunshine and by 3:00 in the afternoon. today will be sunny, but it will take some time to get there. the temperatures are cold outside and concord. 33, santa rosa. we have seen our temperatures take quite the dip. san jose, 51 which is quite the contrast to go from 51 in san jose to 33 and concord. and daytime highs today, everyone warms up to the upper 50s were ever you go.

mid-to upper 50s in the south bay, the inland valleys of the east bay, and the same story for the heart of the bay, and northbay valley's will be doing the same thing. let's look ahead to the next chance of rain. that is our system right there. watch that line of showers work its way toward the coast. watch the more detailed forecast and what that line of rain will likely look like on monday. monday is more of a cloudy day than a rainy day. there is a chance for a few light showers. this advances us through the late morning and into the afternoon. any chance for light rain will be done and we will clear things out on monday. your seven day forecast shows you the clouds increase on monday. it will be sunny for much of next week. perhaps we will increasing clouds a little bit by the end

of next week, but not a significant chance of rain at any point to the next seven days. the first small technical possibility is monday, and we will keep an eye on that. don't plan on any impacts to the day on monday. since there is a chance for light rain, we will keep an eye on it. >> hypothetically if someone wanted to go snowboarding, that would be a good time. >> they have everything sorted out there. the base is fantastic. >> a bay area nurse is battling a surge of covid cases and one side effect is making her job even harder. good morning, everyone. we have a big weekend for sports and the bay area.

one game for the niners plus new details on klay thompson's potential return to the

good morning, everyone. when klay thompson walked off of the court on monday, he held up six fingers. six days away was the warriors matchup with cleveland. it looks more like reality with the athletic reporting that clay is expected to make his return on sunday. golden state will practice the chase center where clay will receive a final clearance to go. the official announcement is expected after that practice. we saw him before they played the chase center before the pandemic. it has been 942 days since his

last appearance. the last thing you want to see is praying for a falcons win. the 49ers can just beat the rams. it should be easy, right? they have beaten the rams five straight. not simple at all because los angeles needs to win for the nfc west crowd. jimmy garoppolo went to practice for the third said th l the rams the media know who the starter is going to be. >> would you want to take the leap and say he might be starting? >> no. i am excited to get to sunday. i am glad i have no press conferences after today. once i survive this, i will be done talking about it. >> the raiders are also in win or go home mode.

good news for derek carr. he could be getting darren waller back who was listed as questionable. he has practiced all week. the interim head coach says he will be a gametime decision. >> covid has put a wrench in college athletics. they haven't played a game since before christmas. as for the defending national champion women's team, they were back in action last night. oregon is in town. the coach and her ladies are ready for this one. third quarter, stanford on 12. this time a little fake and off of the window. they put three on the board the old-fashioned way. fourth quarter, the lead is down to seven. she scored a career-high 33 points. the gardener prevail 80-68 to pick up when number 10 of the

season. xander ended his day with this. eagle. how about that? seven strokes back going into the weekend. cameron smith is your leader and 17 and under. have a great day. coming up, fighting the omicron wave on the front line. a bay area nurse gets real about the covid crush in the e.r. and what is making her job harder. there is a scam morning this morning.

live from the cbs bay studios, this is kpix5 news. welcome back. thank you so much for joining us. i am devin fehely. let's get a quick check of our weather with darren peck . >> it is a foggy morning for the northbay. you can see our view from the treasure island. as we look across the golden gate bridge, it looks better than it did 30 minutes ago. the fog tends to slosh around when it's out there it is really focus on the northbay

this morning. a dense fog advisory. it will be in effect until 10:00 this morning. here is what we now about the omicron variant. it spreads like wildfire. it is super contagious and hospitals are filling up. caring for those patients is the responsibility of nurses. >> reporter: it's not your imagination. it seems like everyone is catching the omicron variant. one bay area e.r. nurse says it's not people you might think that are clogging up emergency rooms. >> and now we are inundated. we have longer wait times. we have no beds. >> reporter: this e.r. nurse says that pre-holidays there seem to be an equilibrium inside the e.r.. very sick unvaccinated covid

patients. with omicron spreading rapidly, she says the demographics have changed >> we are seeing lots of really young healthy people coming in with mild symptoms of covid. it is making our backup even more backed up. >> reporter: she says they are typically all vaccinated. >>.all of them need to be there. omicron is a variant of covid, and even if you are vaccinated, you will have mild symptoms like a cough, fever, and body aches. you don't need to come to the emergency department. >> reporter: if you have chest pains, shortness of breath, get to an e.r. the flood of milder cases are extending wait times for everyone. >> we are dealing with shortages and not having hospital beds. it is not just that there is not enough room for covid

patients, there is not enough room for heart attacks or strokes or motor vehicle accidents. >> reporter: many bay area hospitals have put a pause on elective procedures. she and many of her colleagues are thinking about leaving the bedside after nearly 2 years of the pandemic. >> there doesn't seem to be an end in sight. >> the folks that have to be hospitalized are far and away the unvaccinated. there are some trans plant patients being hospitalized. she hopes that everyone gets their doses. we are getting more information about an attack on workers at a southern california vaccine area. here's a closer look. >> reporter: a man and a white

t-shirt throws blow set healthcare workers outside a mobile vaccine side. he showed up and started yelling at workers falsely accusing them of killing people. >> they have been working here tirelessly for extended hours and weekends to provide the services the community needs. >> reporter: the ceo of families together of orange e a demonstrated outside the facilities. they have been hoping that tensions over the public health crisis would not escalate to physical attacks. >> one of our employees got pretty bruised up. >> reporter: three workers got hit in the struggle. police say he's a 43-year-old and appears he also struggled with two police officers trying to arrest him and five officers ran over to get him in handcuffs. one worker at the hospital went

to the e.r.. >> we want him to stay out for a few days but he is a hero and came back to work. >> reporter: these workers respect people's personal opinions, but they are not here to defend any certain point of view. they are just here doing their jobs. >> prosecutors are still reviewing the case and will review potential charges on monday. covid-19 is casting the shadow on ice skater. she withdrew from the championships. it came less than a day after the 16-year-old placed third in the program that put her in position to make the olympic team. the supreme court's conservative majority appears inclined to reject the vaccine mandate for workers of large

companies. >> it appears the federal government is going agency by agency for a workaround. >> tell me what is irrational about rules of that nature when it is the workplace that puts you in the contact with people that will put you at risk. >> in a special for our hearing the high court appeared more open to a separate mandate. a coalition is challenging the rules which affect about 80 million americans. it is unclear when they will issue a ruling. a message for people seeking a covid test. aware of scammers. the federal trade commission says that fake kits are popping up all over the internet. they are advising buyers to check the fda's list of authorized companies. >> social media is a great

avenue for scams. that is why we tell consumers to take a look at what they are clicking and what they are buying and to verify products, especially claims from the fda before they buy anything. >> the fbi is warning about robocalls regarding a covid test. struck three men are heading to prison for life for the death of ahmaud arbery. here's the report. >> with regard to the sentence in this case -- >> reporter: the judge sentenced them to life in prison without the chance of parole for the murder of ahmaud arbery. the third defendant received the possibility of parole. >> they are being held accountable for their actions.

>> when i close my eyes, i see his execution in my mind. over and over. >> reporter: a jury convicted the defendants in november after video showed the three men chasing ahmad aubrey down and shooting him in february of 2020. they said that he was a burglar trying to make a citizens arrest. there is no evidence of a crime. the lawyer argued against the maximum sentence. >> this was not a murder involving torture. >> reporter: his mother took a job at the controversial comment one of the lawyers made about her son during the trial. >> i wish you would've cut and cleaned his toenails before he went out that day. i guess he would have, if he knew he would have been

murdered. >> reporter: their legal troubles go on. there will be back in court next month to stand trial on federal hate time charges. he must serve at least 30 years in prison before he has the possibility of parole. flowers and other tributes marks sydney fortier star. he was one of the greatest americans actors ever. he became the first black actor to win the award for best actor for the film lilies of the field. in 2002 he received an honorary oscar for his life's work and a 2009 he received the medal of freedom from barack obama. he died on thursday night at the age of 94. the former raiders coach and popular broadcaster died last week at his home in

pleasanton. the raiders have announced the family will light the l davis memorial torch this sunday and it will be the team's final regular-season game in las vegas. when we come back, darren peck has our full forecast. >> still ahead, a bay area man using his hard earned paycheck

more than 60 million americans are under winter alerts this morning. the area stretches from kentucky to new england. pileups and grounded planes are making travel difficult. at least 2000 flights occurred yesterday. if you're headed out or picking up someone, check before you leave for the airport. and anyone leaving for tahoe can expect fresh snow along the way. this video was taken on friday. meanwhile the chp is warning people not to use do-it- yourself substitutes for snow

chains. they called out this person saying no, no, no. zip ties are not approved traction devices. >> a great visual. a little foggy out there this morning. north bay valley several we will encounter the biggest problem with this. the one from the top of this hotel shows a pretty sky over the city. the clouds have lifted a bit over the last 40 minutes. we hold onto the dense fog advisory for the valleys in the north day which is where they have been issued until 10:00 this morning. napa, sonoma, the valleys. santa rosa, petaluma, visibility is okay. petaluma says 10. those numbers are pretty good for the northbay valleys.

in napa, 3/10 of a mile. you can see it on the visualization for the future cast. this is the forecast model depicting where they are. it certainly melts back by the time we've gotten into the afternoon. i 2:00 today, many of us will see sunshine. in general, if you've got a gray sky overhead, and will probably stay that way until the early afternoon. 39, concord. 33, santa rosa. the number for hayward is e mid 51, san jose. a big difference depending on where you are. for the afternoon today, mid and upper 50s. there is no real difference here. looking across the entire bay

area, everybody does the same number. mid-to upper 50s in general for every you go. we increase the clouds as a little bit. clouds increase a little bit as we get into thursday of next week. no significant likelihood of rain. just an increase of clouds on monday clearing out for tuesday and wednesday and then going into thursday and friday. as we look across the microclimate, cloudy conditions on monday taking us into the second half of next week. we will keep a■n ye on hat or any changes. the last couple of days it's been cold, gray, and overcast. wiuntiearly et sun da rnoon for of us. concord, you guys are a good example of that.

it does turn the sunshine by 2:00 to 3:00. we have had quite a run of days were sun has been absent. and east bay man started with a simple plan. today he is multiplying his service to the community. we are introduced to our very first bay area jefferson award winner of the new year. >> reporter: a free outdoor festival in richmond. a gift of love and hope for people in need. >> it is super wholesome and so amazing and heartwarming. >> reporter: hundreds of toys, free haircuts, face painting, crafts and sweets. it's too much to take in at first. >> it is fun. >> reporter: he organized a all-

day event over the holidays with about 30 relatives and friends. >> if we all get back a little bit, it makes a big difference. >> reporter: jm stands for his initials plus those of his sons and his siblings. they are inspired by his parents who made giving a priority despite financial challenges of four sons. >> my mom always told me she said do it out of heart and don't expect nothing back. >> reporter: he reserves part of his salary from working at an industrial paint company and operating his own business. he buys toys plus food supplies. his wife, mom, and others cook everything from desserts to tamales. they have given away hundreds of meals. >> we started looking for the homeless here in richmond.

>> reporter: the group also sells homemade meals to raise money for others. when his son heard about a girl in long beach who had brain cancer, he raised money for her. >> reporter: they are known to purchase lunch for police to show their appreciation for their service and community partnership. >> we are so fortunate to have him within her family and community. >> reporter: for serving the homeless and other families in need, this week's jefferson award goes to hydro martinez. nominate your local hero for a jefferson award online at

jazz music has a long and rich history in this country. justin andrews introduces us to a oakland nonprofit using music to shape the lives of young people. >> reporter: jazz. i use the word jazz as an identifier. the rhythm and the sound will have you moving and grooving. >> the joy i feel here, i don't get that joy anywhere else. >> music produces power. >> i see the power and the strength that it gives young people. i see that it opens the world up to young people. >> reporter: like this 17-year- old. >> music is my life. i am grateful for this

environment here. >> reporter: she is a pianist and has been for 13 years. four of those years spent right here at a place where 1994 and celebrates jazz music and introduces its rich legacy to young people. >> it is a way of living and a way of life. >> reporter: once a week they come here to learn, play, and explore jazz music. >> it helps me express myself. >> it is like home. >> reporter: and home when there wasn't one. >> our house was going under renovations and then covid hit. we could not go back home. for me and my siblings, and became our. >> reporter: it's how they find their individual sound.

ensuring musician may not pursue this career professionally. >> it is a influencer of all popular music. >> reporter: they make sure that each student finds their own be blending and composing a language we can all speak. >> music is magic. >> reporter: in oakland,s, kpix get ready to read your engines. monster jam is back in oakland this weekend. they will be at the coliseum today and sunday. the chp found a repeat offender along the freeway, but it's not what you might think. a drowsy looking sea lion that wandered miles from the ocean and onto the freeway.

a rescue team from seaworld corralled the sea lion into a cage. >> we don't often get a call about is the light on the freeway. we got out here as fast as we could >> this is the same sea lion they rescue back in november. no one is sure why he keeps showing up along the highway instead of hanging out at the beach. sensors help the golfers stay on course toward the destination. >> the fish understands that it needs to find the target and drive that vehicle towards that target. every time it gets to the target, we award it with food. >> most goldfish pass a driving test in a few days.

it is widely believed they have a three second memory. they can actually remember things for many months. at idaho man is at the center of an unsolved murder of a 12-year-old the vanished decades ago. he twice ran for governor in idaho and was fascinated by the case, but that doesn't make him a murderer. he went on trier this fall and sat down with richard schlesinger to explain why this was such a hard trial for the jury. >> the jury was faced with a complex case. it was very old and there was no dna evidence. the dee entified someone plausible at the time this little girl disappeared who went missing for several hours at the same time she vanished. the jury had to come to grips with that, and i don't think they could >> you can catch us the episode

right here on

looking off toward the east from the camera on top of the salesforce our. the dense fog advisory stays in effect until 10:00 this

morning. current temperatures, concord, 38. santa rosa, 31. we will take a look at the complete forecast coming up at the 7:00 our. coming up, gunfire erupting in a quiet bay area neighborhood. what neighbors are saying. fighting the omicron on the front lines. a nurse gets real about the covid crush. teaches rollout on the street protest. schools are forced to ose down

live from the cbs bay studios, this is kpix5 news. >> right now, gunfire of upset a group of thieves during a car break-in. the shocking scene and a quiet bay area neighborhood. >> we are seeing the highest numbers we have seen since the pandemic began. >> a record number of children are hospitalized with the coronavirus. teaches rollout a street protest. hundreds call out sick and schools are forced to close down.