castro street. the images you are seeing here from above showing a white car at a gas pump, and evidence markers all over the scene. you can also see a body nearby this car, covered with a black sheet. the oakland police department notified shortly after 1:00 p.m. with its shot spotter technology. sources tell us that three suspects approached joyner at this gas station. two of them fled the scene in a getaway car , in a nissan, shortly after 1:00 p.m.. there was an exchange of gunfire, one suspect dying at the scene. of course, this community has known joyner for so long. he served in the oakland police department for 28 years , and spearheaded a program called the cease-fire program, the

goal to reduce gun violence in this community that has been plagued by these violent acts over the years. we know that joyner retired as a captain. we have seen people here gathering at the hospital, hugging each other outside of the hospital. again, joyner suffering multiple injuries and gunshot wounds. he's undergoing surgery , we have confirmed, at highland hospital right now. the oakland police department will hold a press conference here sometime tonight. we are still waiting to hear when they are going to make a statement, but obviously this community is shocked by another violent act that happened in west oakland at this gas station, again, on the 1700 block of castro street.

>> this man devoted his life to preventing gun violence, and here today, he was a victim of it. we will stay on top of this breaking news story. thank you. the other big news we are covering tonight, the weather of course. we are bracing for the next round of heavy rain due within hours. it has been gloomy and wet and cold, and frankly we are loving it after all of the fire danger lately. chopper 5 giving us a look at gray skies over the bay. chief meteorologist paul heggen is tracking what is coming next. what is coming up next is more rain on top of the rain we have already received. these are the amounts we have picked up, almost 4 inches of rain in canfield. 2 to 4 inches in the higher elevations of the north bay, with 1 to 1.5 inches in the lower elevations. over 1 inch of rain in san francisco over the last 48 hours, at about 0.5 inches of rain for dublin and concord. barely more than a trace in san jose, but more rain is developing overnight. scattered showers for the north

bay, especially towards cloverdale and healdsburg, but spotty activity elsewhere. our rain chances will remain lower than 50-50 or the evening, and then tonight it will rain and santa rosa. the heaviest rain moving it around midnight, a little later for san francisco. for san jose but you rated rain wait a bit longer, but you should have some more when the sun comes up in the santa clara valley. you mix rain with old trees, and look what can happen. a san francisco surveillance video catching the moment a huge tree came crashing down right on top of a car on sutter street and webster. in the neighborhood, if you weren't awakened by the sound of the tree coming down, you were by the chainsaws. it serves as an alarm clock early this morning as crews cleaned up the scene.

the tree caused major damage to the sidewalks, as well as the nearby lines. long-term residents of the neighborhood say most of the ficus trees on the street are over 50 years old point >> it is sad to see the trigger down like this. we grew up with the tree. >> it lifted the sidewalk up, but that tree has been around for years. >> are you fearful maybe any other trees could? >> all of these trees are older around the same age, then we have a few other trees, and it has been dry for so long, so it gets a little rain, and it can take it, so it falls down. >> the same thing happened in santa cruz. a downed tree across old santa cruz highway caused an outage and the area. pg&e had crews out working to get power restored. they asked the public to avoid the area and use highway 17 instead. we have details on storm conditions and how to protect your home from heavy rainfall. head to our website at kpix.com. neils that

mysterious death of a northern california family in the sierra. >> mariposa county investigators today revealed what killed the family and their dog 2 months ago. kpix 5's it andria borba this year the answers. >> reporter: investigators say the family was 6.5 miles into an 8 mile loop, and 1.5 miles from their car when they were found. after eliminating foul play, suicide, and poisoning, the sheriff and mariposa county says there is finally an answer. with final toxicology results back, the answer to the deaths of ellen chung, jonathan holmes, baby miju, and the dog is being attributed to hyperthermia my meaning they fatally overheated. the temperatures on the 8 mile- long trail soared to 109 batransplants went st afternoon

on a hike. >> we have no evidence indicating that jonathan, ellen, or miju ingested any of that water, and we also know that there has not been any recorded deaths of humans connected to anna talks in a, but we do know that it is and can be deadly to animals. >> reporter: water from the merced did test positive for it, but the couple and their daughter were 2 miles away from the waterway. they had one 85 ounce camel pack water backpack with them which was empty. video from a chp helicopter shows the steep switchbacks that could've cut the family unprepared to the heat. >> what you see sometimes on a handheld device or a map, it doesn't show the different geographics, and it could be missed. >> reporter: in a statement, the family said the pain of losing four family members is indescribable, and they think the mariposa county sheriff's office for their determination. >> our hearts will never forget the beautiful lives of jonathan

, ellen, miju , and of course the dog. >> reporter: the family cell phone is still being looked at by the fbi at their headquarters in quantico, virginia, to see if there is any more data or answers, whether or not they tried to make a call out of that area, even though there was no cell phone service, if they tried to get any help in those moments. >> did they say whether or not the family was found close together? or that the family was clustered close together. ellen was a little farther down the trail, but they were pretty tightly clustered together. >> so heartbreaking. >> thank you. we first brought you that news conference live on cbsn bay area. you can keep up with breaking news 24/7 , streaming on kpix.com, or the kpix news app. san francisco building inspectors have all said that chase center is up to code. just 5 days after one person

diedrswe red and fas concer those falls at sunday's phish were separate incidents. a complaint filed with the city next day cited unsafe guardrails , and a steep incline in the upper levels. according to policy, every complaint triggers a visit from the building inspectors. in a released statement, san francisco said two of our inspectors conducted a site inspection today, and found the area under investigation to be fully code compliant, and we consider the issue closed. a live look now at capitol hill, where steve bannon, the former aide to president trump, could soon face criminal charges. today the house voted to hold him in contempt of congress for defying a subpoena to testify about his role in the january 6 riot. the vote was largely along party lines, with most republicans saying the committee did not have the right to issue a subpoena in

the first place. >> you're involved in political activity, they are going to investigate you and we know what this is really about. it's about getting a president trump. >> mr. bennet's own public statements made clear he knew what was going to happen before it did, and thus he must have been aware of and may well have been involved in the planning of everything that played out on that day. >> bannon names he does not have to comply with the subpoena, because trent president trump exerted executive privilege, and although bannon did not work for the ministration at that time, it is now up to the u.s. attorney's office to decide whether or not to prosecute. ac/dc panel of experts has voted to recommend booster shots for the moderna and johnson & johnson covid-19 vaccines. final approval now could come as soon as tonight. on wednesday, the fda authorized to the moderna booster for seniors, and high risk individuals 6 months after their second shot. for johnson & johnson recipients, boosters for all adults 2 months after e vee thu

mivaccines. >> mix and match really gives a good deal of flexibility to people. >> the cdc recommendations will not just address who should receive a booster dose, but also include what vaccine they should receive, how, and when. >> the cdc director will have the final word on the official approval. still ahead on kpix 5 , and streaming on cbsn bay area mcqueen elizabeth hospitalized. the medical advice she was given by her doctors. as the bay area participates in the great california shakeout, one county could be at risk for losing nearly all communications if a major earthquake were to hit. we are hours away from the warriors first home game of the season. we have a live preview from chase center .

♪ 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 ♪

getting word this evening that queen elizabeth is back home resting at windsor castle after spending the night at a hospital. buckingham palace said doctors ordered the 95-year-old british monarch to rest after canceling a trip to northern ireland. a palace spokesman said the queen reluctantly accepted the medical advice, and is in good spirits this evening. she is said to celebrate 70 years on the throne next year. san mateo county, a stretch of highway 1 has reopened, but it was closed for a few hours following a head-on collision. a white suv slammed into a garbage truck, and that closed both northbound and southbound lanes of route 11:30 in the morning. the condition of the driver has not been released, but highway patrol says there was a major injury.

led to a developing story, the remains of brian laundrie have officially been found. the fbi says dental renter records to prove that human remains found in a florida park are those of laundrie, the fiancee of gabby petito. he disappeared last month just a few days before wyoming authorities found gabby petito's body. investigators say she was strangled. they ruled it a homicide. they also found laundrie's backpack and a notebook near the remains. a new study finds that if a major earthquake was to hit california, it could knock out cell phone service for days or even weeks. the usgs says a magnitude 7.0 earthquake struck the bay area's hayward fault line, it could cause widespread disruptions to communication services, and lead to delays in reporting fires and 911 calls. it also finds alameda county would likely be the hardest hit area, with only 7% of service

available after the quake. that is identical to the communications service failure in new york city after 9/11 93% of cell phone calls failed. e s drop, cover, and hold on as they took part in the great california shakeout. today, san francisco mayor london breed, along with library staff and public safety officials, took part in this year's annual event. >> this today is a reminder for our state here in california that earthquakes happen, but we are prepared. we have been through this before. we are a resilient city. >> the message is to make sure you are prepared and have a plan. also, have an earthquake section on kpix.com , including tips to keep you and your family safe. it is time for the least surprising news of the night.

rain puts out fires. it worked in the caldor fire. it has been fully contained. the fire had been burning for more than 2 months. it is the one that threatened to tahoe. it burned more than 346 square miles and destroyed hundreds of homes. there is a new threat, and you know what it is. worries now about mudslides and the burn scar. the city of pleasant hill has set up this sandbag station. no takers when our camera was there this morning, but steady rain was still falling. >> they make you take your own shovel to those sandbag locations now because of covid. bring your shovel. hopefully we won't have to worry about that, but we are looking at a significant rain event on sunday and sunday night. it will be a wet commute friday morning, with steady rain in the bay area. this is the main event. that's heading the way for the second half of the weekend. this will be equally powerful, a little closer to us, and it

will send a lot of moisture into the bay area. let's focus on what is happening right now. shower activity for the north bay. it is still sprinting right now in santa rosa. elsewhere very isolated showers. that'll be the case is we head through this evening. the bulk of shower activity has been pushed north as the warm sector of the storm has taken of her across the bay area. not just warm, but also muggy, aware that we don't use very often to describe the bay area's weather. dew points are in the mid 60s. once you get above 60, that is sticky, and this is going to be some of the fuel for the rain that will move in later on tonight. let's take a look at futurecast. just scattered showers mainly north of the golden gate, but we will see more widespread activity moving into the north bay just after midnight tonight. the bulk of the rain is off the pacific coast, but it will sweep across the bay area, moving into severances go between 2:00 and 4:00 in the morning, and spreading across the rest of the bay area as we head towards sunrise on friday.

sentencing is only receive 0.01 inches of rain this week. i think you will build on that as the system makes its way through and pushes off to the east. still waiting for the morning commute in most locations across the bay area. plan for an extra long commute and maybe take public transportation if that is an option for you. the bulk of the rain was light off to the east by midmorning. the lingering showers will die down by noon, but there is more rain on the way as we head into the weekend. this is going to amount to around 0.5 inches, maybe 1 inch of rain for the north bay on top of what you've already received. elsewhere, the models are indicating around 0.25 inches. could overachieve if the rain lasts little bit longer. this is more significant than the last round of rain that came through. looking further down the line, we are still tracking the area of heavier rain for sunday and sunday night. tomorrow morning's rain is associated with a weak atmospheric river aimed towards the bay area, but it will be a much more substantial

atmospheric river aimed towards us on sunday and sunday night. a lot more moisture in the atmosphere, and the geography will be sufficient at squeezing out that moisture overhead. adding up the rain through monday the the estimate from the weather prediction center, a branch of noaa, we are talking 2 to 3 inches of rain even in the santa clara valley, around san jose. 2 to 4 inches of rain around the tri-valley, and other parts of the east bay. 3 to 5 inches of rain in severances go. 5 to 8 inches of rain possible in the santa cruz mountains, and similar for much of the north bay. we will have to watch for debris flow issues. you may view this with skepticism as dry as we have been recently. even if we get half of this much, that is a significant amount of rain for the middle of october. right now we see breaks in the cloud cover. it's definitely warmed us up a little bit. 62 degrees right now in santa rosa, because everywhere else

it's in the mid to low 70s. it does feel sticky with the humidity still in place. it won't be the case tomorrow. once the rain moves through, drier and cooler air will take over until the next round of rain moves in. temperatures tonight dropped to the mid to upper 50s. high temperatures on friday, not warming up very much. low to mid 60s around the bay, with mostly mid to upper 60s further inland. they are well below average for this time of year. the 7 day forecast does include that heavy rain on sunday, with lingering showers on monday, potentially into tuesday before we get a few dry days by wednesday and thursday. temperatures will warm up once the atmosphere dries out returning to near normal levels by wednesday and thursday of next week. we watch the rain tonight, and we are watching that atmospheric river aimed to us sunday and sunday night. if you're confused about the phrasing atmospheric river, we will talk about that were coming up at 5:30. coming up, we go inside chase center as the warriors get ready for the first home game of the season.

streaming tonight on cbsn bay area, we catch up with dr. monica gandhi. her thoughts on the states approach to the pandemic at 8:40. we are streaming on kpix.com, and on the kpix app. we are also on the cbs news app. you can download it for free on your favorite streaming platforms.

the warriors are getting set to play the first home game in front of a full house for the first time since march of 2020. >> sports reporter and anchor charlie walter joins us from kpix.com nine with a preview. >> reporter: the warriors went down to l.a. in their season opener, and took care of business against the la lakers. i don't know how that's a

stunner with the team that the warriors have. tonight the other team from l.a. comes to town, the l.a. clippers at chase center for the season opener at home in san francisco, and what is the 75th anniversary of the nba. because of that anniversary, we have fun things to get to tonight, including new jerseys for the golden state warriors tonight, a new floor, as well as steph curry, one of 75 players named to the 75th anniversary team. he was one of the 11 active players selected. as for his other team, they showed off their new and improved roster in l.a. , 55 bench points. that never hurts. despite consecutive seasons of missing the playoffs, the championship aspirations are back, and the window to win it all seems to have been reopened. >> our expectations are definitely higher this year than they have been the last couple of years. i am thrilled with the roster that we have. it will be a really fun team to watch and coach. >> is it a realistic

expectation? i don't know, but is it my expectation? absolutely. you know, you're going to find with others or they don't believe coming into the season that they can win, you'll find yourself the guy you are looking for if you are looking for a loser. >> reporter: as for my scouting report, some of the questions about the warriors this season will be on the interior, but should not be a problem with the clippers tonight. two forces down low, and then no leonard. in that regard, the warriors look pretty good tonight, and they will have the face all packed house behind them tonight. >> thank you. still to come here at 5:30, more on the former oakland police captain that was shot in a gas station robbery. authorities are expected to give an update any moment now. thousands of dollars worth of christmas decorations destroyed.

the east bay nonprofit targeted by vandals, and how you can help. i'm juliette goodrich here at the alameda county fairgrounds in pleasanton. they are getting ready princess cruises was born right here in california. for over 55 years, we've been helping californians make the most of their precious vacation time. and right about now, we could all use a real vacation. so forget the road trips and rentals and sail with princess right from san francisco to the glaciers of alaska, the beautiful tropics of hawaii,

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you're watching kpix 5 news at 5:30.

right now on kpix 5, and streaming on cbsn bay area, more local news at 5:30, and a live look at the golden gate bridge. we are tracking another round showinthrth bay, and e we the north bay is getting some of that rain, especially santa rosa north and east. elsewhere, a few isolated showers, maybe a few passing sprinkles. we will track an area of heavy rain moving in from the west overnight, but right now spidey rain chances. a live look at highland hospital in oakland where authorities are moments away from giving an update on a shooting that left a retired oakland police captain injured, and another person dead. we will bring you the press conference lives. it could be a solution to the homeless crisis, the city opening the biggest tiny home village in the country. after a covid delay, the alameda county fair opens tomorrow. how organizers hope to attract big crowds for what looks like

a rainy start. let's get back to that press conference in oakland by highland hospital, an update on the condition of that police captain. >> out of respect for the families, the chief will not be confirming the identification of the victim, or the deceased read i will now turn it over to chief armstrong. >> thank you for being here. i want to quickly go over today's incident. obviously another difficult day in the city of oakland. unfortunately this represents our 115th homicide of the year. today the oakland police department responded to the 1700 block of castro to investigate a shots fired on activation at around 1:00 p.m. upon arrival, officers met two victims, both suffering from gunshot wounds. one victim was transported to the hospital,