cases and made off with merchandise. >> they were last spotted running into the parking lot. police are not saying how much jewelry was taken, or what it was worth. more on the story as we get it. an elderly asian man attacked at a bus stop in san francisco getting his chance to speak out. >> kpix 5's shawn chitnis on the dramatic moment in court . >> reporter: the judge was grateful to be able to hear from that victim today. he also wanted to take time to acknowledge that the mental health program that was serving the defendant was also working. that is what the judge is going to need more time before he decides what happens next. those who came here to show their support for the victim, and have a rally, said they will make sure he receives justice. he made his way into court this afternoon, ready to tell his story. to show their support, members of the aapi community rallied

right before. interpreters for him said he was grateful to the community for their support. he was waiting for the bus with his wheelchair that day in 2020 when video shows he was jump kicked by the defendant, eric ramos hernandez. >> with something happens, that there are people behind him, and that we will not let any cases go under the rug. >> reporter: this really brought together activists fighting against anti-asian hate, and demonstrated the solidarity among communities of color around the bay area. >> you ought to be outraged when a man walks up to another elderly man, and kicks him out of his wheelchair to the ground. >> reporter: it highlights the ongoing challenges the aapi community continues to face since last year. it brings out anger. and sadness, all in the same moment. >> our society really has, on its cornerstone, the belief that our systems work. >> reporter: some also put the focus on the district attorney today, criticizing that office

for not pursuing what the defendant, the victim wanted today. but they explained that they never heard any objections until recently. >> let's not forget those victims, and make sure they get justice. >> reporter: the public defender made a statement today saying that mental health treatment remains the best way to help prevent this type of crime from happening again. >> jail is not a treatment center. it doesn't help people with mental health issues, and often exacerbates those issues. >> we are told there was a very moving exchange between the victim and judge. can you tell us about that? >> reporter: very touching. he said he came to this country so he and his family could have a better life. he loves the u.s., but now he doesn't feel safe. the judge wanted to acknowledge

that, saying his wife and children are chinese. he understands those fears, but also wants to acknowledge again, that the defendant in this case, they did get the help that he needs, and did serve 7 months in prison. >> it is nice they had that moment. a man committed a violent sex crimes is being released into an east palo alto neighborhood despite the objections of nearly everyone. the san mateo district attorney confirms lamarr johnson has been released. he served 17 years of a 36 year sentence for multiple rapes and assaults. earlier this fall, police began warning people around beach and clerk streets. the vice mayor told us then the location is to close to three schools. he and others had urged the state to find a different place for johnson to live. to the weather, specifically the sky. smoggy air across the bay area. for some people it is making it hard to breathe. >> we have team coverage on the bad air. let's begin with kpix 5's andria borba lived in san francisco for us. >> reporter: i am a few floors above you on top of the kpix 5

roof here in downtown san francisco. typically on a clear day, you can see all the way to mt. diablo and beyond, but right now with the air quality where it is what you can barely see to the port of oakland, and it could get worse. that is not a filter. that is particulate matter clogging the skyline. >> it is bad and troubling, since there is no forest fires going on. why is it so bad? you can barely see past treasure island. >> reporter: a look across the san francisco bay is about as clear as cream of mushroom soup, with the air quality index pushing above 150 in parts of san francisco and the bay area. >> i wish it would clear up a bit. >> reporter: if you are wondering why a spare the air there alert hasn't been issued at here is your answer, it all has to do with time. >> we are not expecting federal air quality standards to be exceeded. >> reporter: that said, if you have asthma, you may want to

think about ditching your outdoor run today. >> i've had a dry cough the last day or two, and it's not from a virus. it is from the air. >> reporter: while the hills are blotted out of the skyline, remember this -- >> it is better than l.a.. >> reporter: today was not a spare the air day here in the bay area. that could happen this weekend, according to bay area air quality management district, in which case putting a fire in your fireplace would be illegal, and they would ask you to drive less to bring some particulate matter down the rate of course, we need a storm system to blow this all out. >> we have always felt we are better than l.a. thank you. rain seems to solve anything. let's go to chief meteorologist paul heggen. unfortunately, no rain in sight for the next few days to wash this out. air quality ratings this afternoon from 3:00, but still, moderate air-quality for the

official measurements, and the epa sensor in downtown san francisco was measuring good air quality. here is what it looked like in downtown san francisco at the time. the haze on the horizon is not good air-quality. i'm getting a better sense from the purple air sensors, which is not the official sensor. they are bit more sensitive, and they were showing unhealthy for sensitive group air-quality. in the moderate to unhealthy category even from san francisco down the peninsula. it won't improve until they get some rain or a different air mass in here. to the coronavirus now, because moments ago, new york confirming five new cases of the omicron variant. it comes after a minnesota man who recently traveled to new york city also tested positive. a person in san francisco who recently traveled to south africa was the first omicron case in the u.s. now a live

look at the white house tonight. president biden laying out new actions to tackle the variant. debra alfarone is live in washington with us for more. >> reporter: that new plan involves a lot of different things, but one thing it relies heavily on is making it easier for the 100 million americans who are eligible for a booster to get one, even providing free rides for seniors to get theirs. president biden visited the national institutes of health in bethesda, maryland, to announce a new plan for those entering the country on international flights. everyone, including those who are vaccinated, must now get tested for covid a day before departing for the u.s.

>> this testing timetable provides an added degree of protection as scientists continue to study the omicron variant. >> reporter: he's also extending mass committed some public transportation through mid-march. he will launch family vaccination clinics, and will inquire, require health insurance to cover the cost of at home the tests. and he announced a nationwide campaign to get vaccinated people there booster shots. >> if you want to go know exactly where to go, textures the code to 438829 to find out where you can get your booster shot now. >> reporter: the new measures unveiled, 1 day after the omicron variant was first detected in the u.s.. a traveler returned to the bay area in california after a trip to south africa. now a second case has been detected. a minnesota man who attended an anime conference with tens of thousands of others at the jacob javits convention center in new york city.

>> this individual woman vaccinated have very mild symptoms, and they have already resolved. >> reporter: a few hours later, colorado's governor announced a third case, an adult woman with mild symptoms who had recently traveled to southern africa for tourism, and soon after that, new york's governor said five cases of the new variant had been detected in the state. >> there is international travel restrictions, but could there be restrictions for people taking domestic flights coming at us? >> reporter: that is a great question, because we are heading into the holiday travel season. the white house is saying that nothing is off of the table at this point. nothing has been announced, but it is not off the table that there may be some vaccine or testing mandates for domestic flights. we are hearing a little bit more tonight, so we really do need to keep our eye open for that. >> thank you so much. now at sfo, we found families embracing each other after time apart.

they had been traveling internationally. some say the omicron variant is on their mind. they are on board with the titer testing role. >> i think it's going to make it better, just in order to be safe, you need to have it closer to the flight. >> having known people who have had covid, and also seeing india , as well as out here in the u.s., i think anything it takes to be safe for yourself and your family, and your coworkers, is great. all this comes as the state is seeing a spike in cases. he 7 day positivity rate is now 3.6%, a 1.3% increase. hospitalizations also went up. you can stick with kpix for continuing coverage on the coronavirus. for more information on vaccines , you can check out our guide at kpix.com. still ahead on kpix 5 , and streaming on cbsn bay area , a major league baseball lockout. what it means for the upcoming season, and the players who are

free agents. it is the murder that shocked the music world, and now there is an arrest in the case. what we are learning about the suspect accused of killing the wife of a [crowd cheering] how's sanchez looking? with your qb's increased spin rate, any pass with a launch angle of at least 43 degrees puts sanchez in the endzone. you a data analyst or something? an investor in invesco qqq. a fund that gives you access to nasdaq-100 innovations like ai statistical analysis software. how am i gonna do? become an agent of innovation with invesco qqq.

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let us get back to our breaking news. chopper 5 got to the scene of another smash and grab robbery, this time at the eastridge mall in san jose. it happened at a jewelry store just before 3:00. >> police are saying that four mast suspects hit the quick service jewelrdesign store. we have seen them do this before. they used hammers on the display cases and made off with the merchandise. they were last spotted running into poli areot yinghow ch welrwas thtat.n,rk lohow pamuch is worth. we have crews on the way ,

chopper 5 overhead. we will bring you updates as we get them. let's take a live look at oracle park in san francisco. the giants are hoping to start their 2022 season on time, this after major league baseball owners elected to impose a lockout until they reach a new collective bargaining agreement with the players union. >> it is the first work stoppage in 26 years, and vern glenn is here to explain what both sides are fighting over. >> reporter: it is all about the money. it is all about the benjamin's, with both sides. they spent a grand total of 7 minutes negotiating last night until it became apparent that there was no budging. the players want to hit free agency 1 year earlier. currently they have to wait 6 years to cash in. they are asking for 5. that means going from 3 salary arbitration years to 2. they also want revenue sharing by $100 million. the commissioner says these demands will hurt competitive at balance. >> we already have teams in smaller markets that struggle to compete. shortening the period of time that they

control players makes it even harder for them to compete. it is also bad for fans in those markets. the most negative reaction we have is when a player leaves via free agency. we don't see that making it earlier, available earlier. we don't see that as a positive. >> reporter: the league has drawn a line in the sand, so to speak. major league baseball removed images of all of the players from their website, and replaced them with generic silhouettes. who does the commissioner work for? the owners. and i get it. it is hard for us regular schmoes to feel sorry for billionaires and millionaires, but i will say this. no huge rush on this one. there would need to be in agreement by early to mid march to avoid any sort of disruption to start the regular season. stay tuned for this one. >> it could be a long winter.

>> all about the money. today marks 5 years since the warehouse fire in oakland. 36 people were killed in that inferno. chopper 5 flew over the burnt down warehouse this morning. the buildings master tenant at the time of the fire was sentenced earlier this year to 12 years in prison. this evening, we learn more about the lives lost during this week's school shooting in oxford, michigan. we came back, trust each other, all of each other. >> the 16-year-old died on his way to the hospital. the senior played football with him. >> he was always happy, cracking jokes. he was honestly the heart and soul of our team, and probably our community. he is a true hero . my thoughts and prayers go out to his family.

>> he was one of four teenagers killed tuesday along with 14- year-old hannah saint giuliana, a member of the basketball team , 17-year-old madison baldwin, who would've graduated next year , and 17-year-old justin schilling, who was on the golf and bowling teams. yesterday the alleged shooter pled not guilty. investigators say there's a mountain of digital evidence that strongly suggests he planned the attack in advance, evidence that law enforcement officials include a video that he made the night before the shooting that mentioned killing students. the 15-year-old faces 24 charges, including four counts of first-degree murder, and one count of terrorism causing death. he is being charged as an adult. a live look at truck he, no snow. that means skiers and snowboarders may have to push back their trip until at least

mid december. according to uc berkeley central sierra snow lab, november brought only 6 inches of snow to donner summit. warmer temperatures have not only melted the early-season offerings, but are also preventing resorts for making snow above 7000 feet where the premier ski terrain is. >> we are trapped under this cap. warmer than average temperatures continuing. there are signs of hope farther down the line, by the middle of december, maybe even as early as next week. for now, we are still trapped under this area of high pressure. think of it as a of air on top of us, exerting high pressure. it is trapping the warm air mass underneath. it's also trapping the smoke from wood-burning fireplaces and fire pits. also urban pollution is contributing as well. things shift slightly during the weekend, not to the big

picture pattern. as it moves offshore, we see slightly stronger offshore wind. i don't think the haze will thin out a whole lot though. at its worst, unhealthy for sensitive groups category for most of the bay area today. that is where we stay tomorrow, saturday, sunday. this is our forecast. the bay area quality management district has been refusing to release any spare the air alerts. we may see some improvement on monday. we are tracking a cold front that may bring in a different air mass, and the most optimistic models or even squeezing out showers. not much in terms of rainfall, but we can hope that maybe we will see rain in that timeframe, and then there is another chance the forecast models are a bit more enthusiastic of bringing rainfall across the bay area. let us hold out hope and be optimistic. that will be thursday, into

thursday night of next week. that active weathett becomes more likely, but is still further down the line. right now the fog is rolling in . that hayes is producing that beautiful sunset. the temperature downtown has dropped to 55 degrees. otherwise temperatures are in the low 60s. we did top out at around 70 degrees today, but temperatures are 2 to 5 degrees cooler than 24 hours ago. we will call off more as we head into the weekend. locally dense fog to start the day tomorrow, through the delta and around the bay and coast. it is going to be kind of stubborn. it mixes with the haze, and becomes that much more stubborn to diminish. temperatures will be slow to warm up until the fog finally diminishes by noon. low to mid 40s, degrees.

low to mid 40s in the end, near 50 degrees along the bay and coast. 5 to 7 degrees above average even with the fog slowing down the warm-up. baby steps towards cooler temperatures as we head into the weekend. low 60s along the coast. mid-60s down the peninsula and south end of the bay. mid to upper 60s inland in the east bay. mid-60s around the bay, with mid to upper 60s for the north bay. not a whole lot of variation. the warmest temperatures will be inland in mendocino county. temperatures will backup another couple degrees on saturday, then hover in the low 60s around the bay, with mostly mid- 60s further inland. a chance of showers on monday, a better chance for showers heading our way on thursday, but that is the last day of the forecast, sore confidence in that scenario is tenuous at best. at 5:30, we will look at tomorrow's hour by hour temperatures. any relief from the bad area quality would be welcome. >> we will take it.

>> a lot of people get a scratch in the back of their throat. >> we were at the museum this morning and were forced to stay inside. >> at least they are taking it seriously. coming up, a mom robbed while walking with her baby. my residence say thieves are targeting the neighborhood. >> they walk right up to you with a gun. the close call for a trooper. how they were able to dodge an out of control truck. a closer look at our winter weather on cbsn bay area, and what they typically look like here . you can find cbsn bay area on

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a mom in l.a. was robbed in her own driveway after returning home from a walk with her baby. it happened sunday evening at hancock park, one of la's most historic and upscale neighborhoods. take a look at the footage from the security cameras. you can see the suspects creep up to the curb in a silver car. as the mom opens her front gate, they get out of the car and approach her. >> who cares about the money. is not the money. your life, you cannot replace your life or child's life. they don't seem to care. >> it's unfortunate we live in a society that has degenerated to this level. we have to do something about this. we have to bring social and economic justice to this country, or this will keep happening. >> the mother handed over the bags right away. she and the baby were unharmed. now to a close call for an idaho state trooper. he's lucky to have only minor injuries after this narrow escape. a look at the dash cam footage shows him weeping over the cement barrier to save himself

from a crashing truck. the trooper had stopped to help a stranded driver. still ahead at 5:30, the new covid variant spreading across the u.s. could this drive up a winter surge ahead of the holidays? we speak to a bay area medical expert, live. an arrest made in the murder of a top music executive's wife. have they tracked the suspect down. record commercial real es

you're watching kpix 5 news at 5:30. right now on kpix 5, and streaming on cbsn bay area, breaking news out of san jose. chopper 5 over the scene of another smash and grab robbery. this time at the eastridge mall. four mast suspects hit the quick service jewelry design store. they used hammer on the display cases and made off with merchandise. police are still searching for the suspects. the wife of legendary music executive killed in a home invasion, now an arrest in the case. all eyes on the new omicron covid variant, and we are still dealing with delta here. could we see a surgeon cases in the bay area? as we head into the holiday season, the new variant is top of mind for many families. joining us now to help answer

questions, dr. george rutherford, professor of epidemiology and i will statistics. multiple cases of omicron are now confirmed in the u.s. one of the latest, a domestic traveler, different from our local case who reported after going to south africa. the one who never left the u.s., what does that tell you? >> it tells you there is local transmission. that individual from minnesota actually attended a big convention in new york during the period of time that he most likely became infected. if there are people from overseas or south africa at this convention, it is not at all surprising that something happened. >> a lot of questions about how well our vaccines will work against the omicron variant. when would you expect to know the answer to that very big question? >> a week or two. they are doing the tests now. >> so far, the cases have been mild.