weapon, shots are fired. one of the assailant is mortally wounded. one of them opens fire on the victim hitting him several times and that's why he was rushed here to highland hospital undergoing that emergency surgery. at this point we are trying to get a few more details as to where the other two people are that drove off from the scene. we're also trying to get an update on that police officer who was shot. we are going to be -- the oakland police department will have a briefing here at 5:30. we do expect we'll get a whole lot more details during that briefing. reporting live here at highland hospital in oakland, i'm sergio quintana, nbc bay area news. our other top story, rain in the bay area. a live look from our network of cameras. live pictures of walnut creek, palo alto, the bay bridge. you can see storm clouds. storm ranger is tracking another storm moving in right now.

let's begin our team coverage with jeff ranieri. what's the timing of this next storm? >> we're looking at tomorrow morning for the bulk of the rainfall to be moving through the bay area. beyond that we're looking at sunday and monday for what looks to be our stronger storm system that could even bring some flooding impacts by monday. some isolated street flooding. our totals could reach over 3 inches. let's go ahead and get you to storm ranger right now. the other thing we've been following is a little humidity and milder air moving in from the south. we did manage some 70s. a lot of the rainfall is starting to taper off but we still have spotty showers right up there into santa rosa. let's take you into tomorrow morning, 2:00 a.m. you've got heavier rainfall. the orange and yellow indicating heavier pockets over the north bay. as we hit 5:00 a.m. it moves over the east bay and the peninsula. then we'll continue to hold on to these rain chances and get you down into the south bay once we hit 7:00 a.m. tomorrow. now, we'll have full details on that and that atmospheric river.

look at it lining up by sunday. i've got that coming up in less than 20 minutes. >> thank you so much. one place that needs a lot more rain, the south bay. robert handa is live in san jose. robert, how are people there planning on taking advantage of the lane that's coming? >> reporter: well, there are different ways to do that. i'll tell you, it is a little bit unusual to be suddenly walking around in some mud, especially since the south bay doesn't usually get as much rain when storms come through. but what we have gotten as you can see is already helping and just about everyone wants a lot more. it's easy to say the rain is coming at a good time because there's never a bad time anymore. the south bay has been in an official drought emergency since june. >> our reservoirs of 90% empty. so if the rainstorms give us 10%, that's good, but we're still 80% empty. so we have a long, long, long way to go. >> reporter: the santa clara

valley water district and many of its retailers, including san jose water company, have imposed a mandatory 15% cutback in water use. officials hope the rain is at least helping people cut back on outdoor water use. >> not only think of conservation of less water, which is good because there is some water from the sky, but additionally doing things like taking out lawns and we'll pay you to take out your lawn, rebates for rain barrels. >> reporter: palo alto is making rain barrels part of its strategy, offering a combination of rebates to buy barrels online for about half the usual price. the program is also designed to make residents and companies aware of how much rainwater can be captured from roof gutters instead of wasted. plus they work effectively in light storms as we're seeing now. >> so you can use more than one rain barrel. just in a small storm we've had probably in the last couple of days a storm large enough to fill a 50-gallon rain barrel

from just part of a home. >> reporter: another group happy to see rain, any rain, is cal fire. the bay area firefighters have been active for months at a time here and assisting southern california. >> the benefits of the rain is hopefully if it continues, we can keep some of these fires small. all it takes is a little bit of warm weather, a little bit of wind and we're off to the races again. >> reporter: as everyone mentions, there are very few drawbacks to rain during a drought. after so much dry weather, we're only going to see limited benefits, but at least it's a start. live in san jose, robert handa, nbc bay area news. >> thank you, robert. you can download our nbc bay area app. we'll send you up-to-the-minute forks. you can tailor the forks for your specific area. punch in your zip code and you are all set. a tragic mystery is solved tonight. we now know what killed a san francisco family of three back heat exhaustion and remote parkf

mariposa county. scott budman joins us live from the newsroom. investigators revealed a lot today about their deaths. >> yeah, they did. the mariposa county sheriff announced that john, his wife ellen and their 1-year-old daughter all died during that hike. their bodies were found along a trail in a remote area near the merced river on august 17th. today investigators said the temperature while hiking went as high as 109 degrees. they were found about a mile and a half from their vehicle. their only water bottle was found empty. the video they showed today provided by the sheriff showed just how steep the terrain was in the area where they had been hiking. >> it should be noted when they were located and through our investigation there was one 85-obladder, water bladder backpack located with the

family. this water bladder was empty and no other water containers, no other water filtration systems were located amongst the family. >> the mystery of how they died had gone on for months. today the sheriff's department said they ruled out any causes related to foul play, suicide, carbon monoxide and high levels of toxic algae. nearby campgrounds and recreation areas had been shut down after the family was found because there were concerns something in the water may have poisoned them. janelle. >> terrible news. thank you so much, scott. well, this case is similar to philip kricek. he went missing on july 10th after going on a trail run. temperatures above 100 degrees that day. his body was found nearly a month after he disappeared. investigators say he died from heat stroke. the 37-year-old left behind a wife and two children. new rules for workers at apple. bloomberg is reporting

unvaccinated staffers will have to undergo daily covid-19 testing in order to enter the office. the daily tests will apply to employees who refuse to disclose their vaccination status. the new rules also require vaccinated workers to get tested weekly. at apple retail stores, unvaccinated workers must get tested twice a week and vaccinated workers once a week. the company's new rules are a bit more lenient than other bay area tech companies. google, microsoft and facebook require in-person workers to be vaccinated. the new requirements start november 1st. well, as the warriors prepare for their home opener at chase center tonight, building inspectors say the arena is up to code after a person apparently jumped to his death during a concert last sunday. the san francisco department of building inspections sent two inspectors to the chase center after a complaint was filed. they found nothing wrong and now consider the issue closed. last weekend during a phish concert, a 47-year-old man from new york apparently jumped from

the upper deck and died. another person fell that same night but survived. a complaint claimed the guardrails at the arena are unsafe and the upper level has a steep incline. meanwhile the san francisco fire and police departments are investigating the case separately to find out exactly what led to that man's death. as chase center gets the all clear, warriors fans are starting to arrive. warriors basketball is back in san francisco. the home opener gets under way just two hours from now. nbc bay area's jean elle is live in mission bay for the big game. warriors taking on the clippers tonight, jean. >> reporter: janelle, warriors fans tell me they are ready to be here for in-person basketball at full capacity here at the chase center. take a look around and you can see they are anxious and ready to get inside. the warriors say tonight's home opener is the first full capacity regular season game in 590 days. a sellout crowd of 18,064 people. the last time the warriors felt this full fan energy during the

season was march 10th of last year. fans 12 and older must show proof of vaccination. younger fans must have a negative covid test. not a problem for fans arriving for tonight's 7:00 game against the clippers. even the players are excited. >> my family will be here, my friends will be here, dub nation will pack the house i'm sure. you know, covid was a hard time so it's just fun to see the nba back, see people back in the building. >> i feel good about it. i think the chase center is taking all the precautions necessary with vaccinations and masking so i think it's one of the safest places to be right now. >> to be part of the cheers and everyone around the team with the amazing season we'll have coming up, i think it will be excellent. >> reporter: as janelle mentioned, tonight's game comes four days after a phish concert goer jumped to his death from balcony seating and another man fell but survived. the investigation into those incidents is closed and the

arena is cleared. tonight it's all about basketball. the golden state welcoming fans back for what's expected to be an exciting game and exciting season. fans are eager to get inside. doors open at 5:30. tip-off is at 7:00. reporting live in san francisco, jean elle, nbc bay area news. a mountain lion captured this week near two north bay schools was euthanized today. on monday authorities tranquilized the big cat near evergreen elementary. she has a chronic condition causing her to walk off balance and move slowly. she lost 15 pounds since march because she was unable to hunt very well and the decision was made to euthanize her because of the long odds that she would survive in the wild. millions of californians ducked for cover for the great california shakeout. the event tests to make sure we're ready for the next big quake. did you get your alert on your phone? people all over the state in government offices, schools and

train stations tested their readiness for the next seismic shift. b.a.r.t. ran its early warning >> when we get a warning of a medium t magnitude of 4.0, our system, the electronic early warning system, will start to slow our trains down before we, the staff, and you the patrons, actually feel the earthquake. >> when the test was triggered, all trains automatically slowed down to 27 miles per hour and then came to a brief stop. in a real emergency the trains would stop for five minutes to ride out any possible aftershocks. passengers would then be offloaded at the next b.a.r.t. takes. still ahead, a push to increase transparency at facebook. what the independent oversight committee now wants the company to start doing. and a new partnership for an east bay police department. who will now lend a help hand to the antioch police department. and on storm ranger we are tracking some rain right now

over healdsburg. it's moving off and will keep raining clear lake through 5:43 tonight. we'll have details on the stronger storm sunday. i'm back in about eight minutes.

in the east bay closing arguments began today in the trial of a danville police officer. andrew hall is accused of killing an unarmed man back in 2018. the man was shot and killed after police tried to stop his car as he drove around a roadblock. hall never took the witness stand. he's also being investigated for the deadly shooting of a homeless man this past march but the judge did not allow that incident to be included as evidence. the justice department is lending a helping hand to an

east bay police force. antioch pd is one of ten law enforcement agencies nationwide that will receive technology, training and resources from the doj. nbc bay area's melissa colorado has more on the unique public safety partnership and how the community is responding. >> people are afraid now because criminals don't care. they'll just turn around and beat you up or shoot you or whatever. >> reporter: when crystal filbrook isn't preparing batches of coffee and baking cupcakes, she's worrying about her stepdaughter. >> i do have a stepdaughter who is in that system who is constantly in and out, in and out of jail. stealing cars, stealing merchandise. >> reporter: filbrook says no matter how many times her 26-year-old stepdaughter ends up in a jail cell, the cycle of crime continues when she's out. >> there's not enough pun --

punishment. >> reporter: the department of justice selected the antioch police department as one of ten agencies across the country to be part of their partnership. >> it's a bold gesture that signifies to me a he applied for this partnership nearly a year ago. what will the doj offer? it's a three-year program that will involve enhanced training, the latest technology and a thorough review of what apd is doing right and what it can improve. >> the department of justice will be working with us to assess and audit existing policies as well as develop and modernize approaches to better serve our community. >> reporter: as for filbrook, her hope is that the extra resources from the feds will somehow trickle down to her stepdaughter. >> we try to help her and get her into a program, but nothing helps. there's no -- there's no consequences anymore to anybody's actions. >> reporter: this new

partnership with the doj is just one of the recent new changes coming to the antioch police department. earlier this year the department's body-worn cameras and vehicle cameras went live and the city council also established the city's first mental health response team. that's the latest here in antioch. i'm melissa colorado, nbc bay area news. well, a lack of transparency, that is the ruling from facebook's independent oversight board when it comes to high-profile user accounts. the board says facebook needs to commit to greater transparency and to treat users fairly. the demands come after a "wall street journal" report last month showed that millions of facebook accounts belonging to celebrities, politicians and other high-profile users were kept out of certain internal checks. those checks are designed to limit the reach of posts violating policies. facebook has asked the board to review that cross-check system and make recommendations. returning now to our microclimate weather coverage, as the storm approaches you may

need sandbags to prevent flooding. there are many fill your own sandbag stations around the bay area. this is one location in pleasant hill. all you need to do is bring your own shovel. we've already had a few systems this week, jeff, and have a couple more, including a strong one later this week. >> so far it's been really beneficial, everyone very happy with what's happening. you're getting your lawns, everything kind of washed off and just getting some free water here. we've desperately needed it. then of course we do have that stronger storm on the way. let's go ahead and get you the latest look at storm ranger and mobile doppler radar. we're tracking a few spotty showers up toward santa rosa. i don't expect a whole lot tonight, just intermittent showers and that's pretty much it. we're hearing a lot about the rain, it's coming in, it's coming in so i wanted to get this graphic in here so we can show you exactly what we're seeing in terms of timing. things have become more refined over the past 24 hours so we're definitely certain that tomorrow morning we'll see that next storm system arrive.

it's looking more apparent that sunday into monday would be that stronger storm. the atmospheric river that's really going to boost our rainfall totals up. we could see october rain 100% to 200% of normal because of how much we would get from that storm system. so let's go ahead and get you into that friday morning storm. by 2:00 a.m. we've got rainfall off to the north bay, santa rosa and novato. the orange and yellow are the heavier pockets. this would move over the east bay by 5:00 a.m. and the peninsula. by 8:00 in the morning we should get rainfall down towards san jose. but this thing will get out of here pretty quickly. once we hit 10:00, 10:30 this moves off toward the east. about a half to three-quarters of an inch in the north bay. parts of the east bay and peninsula right around a half inch. for the southern peninsula and south bay, i do think a quarter to less in the way of that rain.

now, as we head through tomorrow's forecast, i do think through the afternoon we'll be dry. we'll get a break. temps will be in the 60s here throughout the bay area. let's go ahead and move it right into that sunday storm system. again, everything is pointing toward sunday and monday for this to really line up for us. now, we talk about the atmospheric river. but what is it? well, it's a river in the sky. that's really what it means. it's about 200 miles wide. think of it like a big fire hose pointed right at california. it's just this nonstop onslaught of water that's moving in. by 8:00 a.m. on sunday it's lined up right here to the north around eureka. as we head through sunday afternoon and evening it starts to move to the south with that heavier rain and we think it will hang out a little bit there into monday morning. now what i think at this point for the north bay we'll have highest totals along at the coast. we're looking at a range of three-quarters to about 3 inches.

the lower total is some of our rain shadowed valleys in the south bay, and the 3 inches and higher would be in the north bay and especially the mountains. so my seven-day forecast, what you're also going to see is snowfall. look at this, 1 to 2 feet as we head into sunday and monday's forecast for this year so watch out for those winter conditions. right here on my seven-day forecast, temperatures will be in the 60s in san francisco for highs and not too many differences for daytime temperatures for the inland valleys. eventually low 70s and dry weather as we run through next week. we've got more coming up at 5:36, 7:00 and 11:00 tonight, janelle. so we'll continue to unpeel the layers of all this for everybody. >> thank you so much, jeff, for the heads up. coming up a new push from meghan markle. the open letter she sent to house leader nancy pelosi and what she wants congress to do next.

♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪

california governor gavin newsom opens up in an exclusive with "meet the press." one of the issues covered, the deadlock in congress among democrats over the president's agenda. >> this political death march of who's up, who's down, manchin, sinema, i can't take it anymore. no one can take it anymore. just enough. stop. just get something done. it looks like they're going to get something done and watch, miraculously numbers will start going up. they deliver. no one even remembers what was in the original $1 trillion package. >> you can watch chuck todd's entire interview this sunday on "meet the press" right after "today in the bay." imagine a doctor saying take one or two memes and call me in the morning. a new study suggests it could

happen. penn state researchers found that viewing amusing covid meme messages can make us feel less stressed about the pandemic. a pair of kittens, for example, got the caption when you've spent too much time in quarantine together. after viewing the meme, participants felt more amused or relaxed. meghan markle is sharing her personal story of struggle to help make the case for paid family leave. today the dutchess of sussex published an open letter to senator chuck schumer and congresswoman nancy pelosi. she talked about how hard her family worked to provide for her while she was growing up. it's even harder now that the pandemic has pushed millions of women out of the workforce. markel noted unlike the u.s., most nations already have paid leave policies in place for all workers. president biden and other democratic leaders recently cut funding for a national family paid leave program. okay, we'll be right back with the new mural that celebrates the south bay's diversity.

a new mural in the south bay and it's a gift from the naacp. this is the creation of artist breanna brown who recently earned her bachelor's at san

jose state university. and another artist who helped with this mural, a ucla art student. the cenr vulnerable people who have been incarcerated re-enter the community. >> this is called we, the deserving. our main message for this was we wanted to let people know that everyone is deserving of all the beautiful things that life has to offer, regardless of where they came from or what mistakes they had made in the past. >> the re-entry resource center celebrates its tenth anniversary this coming february. >> that looks really nice. >> it's beautiful. >> raj, you're joining us with what's coming up at 5:30. here's what we have. the human remains do belong to brian laundrie. investigators were able to match the skull to gabby petito's fiance. plus less than two weeks to get a deal done. president biden hits the road to sway americans and lawmakers to pass his giant spending bill.

>> for the first time in a couple generations, we're going to be investing in working families, putting them first and helping them get ahead. >> the concessions democrats are making to get a resolution. some airlines said that they would stop the practice of bumping passengers, and yet there are thousands of people who don't ending up with a seat. i'm chris chmura, nbc bay area responds, next. >> the news at 5:30 starts right now. good evening and thanks for being with us. i'm raj mathai. >> and i'm janelle wang. we begin with breaking news we've been tracking all afternoon. the oakland police chief is speaking right now. he's giving an update on a deadly shooting involving a retired police officer this afternoon. this live news conference just got under way a couple of minutes ago. this is what happened earlier today. a retired opd captain was shot around 1:00 while getting gas just north of