the shelter in place order has been lifted. we will have more on this breaking news story as we get it. a tragic bay area freeway shooting that took the life of a sheriff's recruit, he has been identified as david when. andria borba joins us live from the bay bridge toll plaza with details. andria ? >> reporter: elizabeth, it has been about 24 hours now since this latest bay area fatal freeway shooting. california highway patrol is in charge of this investigation and is not releasing any details at this point. we don't know if this was road rage or targeted, but what we do know at this point, the victim in this case, the young man who was killed, was about to graduate the academy himself and enter a career in law enforcement. >> reporter: this is david nguyen, the 28-year-old alameda county sheriff deputy recruit

caught shot on the westbound approach to the bay bridge. he was set to graduate from the academy in february. >> we don't just hire anybody. you know? for every seat taken, probably 100 people try for it. he passed his background, he lived his life a certain way. it is a shame. >> reporter: the shooting happened around 4:30 p.m. as he was driving home to san francisco from the academy in dublin. 's car was found veering to the left, his body was given a full police escort to the alameda county coroner's office. >> my thoughts and prayers go out to the family. these incidents are happening far too often. >> reporter: this is just the latest fatal shooting along east bay freeways. in november, 20 9-year-old morris was shot and killed as her husband and children drove her to a job interview in

sentences go. toddler jasper wu was shot and killed riding in a car on 880 in oakland earlier that same month. alameda county supervisor keith carson told kpix 5 that it may be time to put cameras up along the freeways. >> we will have to look all measures to keep the public safe, right? while that may be an intrusion on somebody's privacy, there are ways in which you can -- policies that can be passed by which you can avoid intruding and privacy. >> reporter: classes have been canceled for the next several days to allow his classmates time to grieve. i have also brought in counselors for them to speak to, as well. reporting live from the bay bridge toll plaza, andria borba, kpix 5. now to the coronavirus surge. the state is extending and sweeping indoor mask mandate through february 15th. the states test positivity rate continues to shoot up. check out the graphic, the positivity

rate has climbed to 21% with the state reporting more than 51,000 new daily cases. california's top health official says that in the past 2.5 weeks, cases statewide has spiked almost 50% while hospitalizations are up about 15%. harsh words and frustration leveled against the san francisco unified school district. the teachers union blasting its handling of the covid-19 test crisis. the teachers union accused the district of being inapt and negligent. the union president says there should already have been an emergency plan in place to handle the overwhelming demand for covid-19 testing and test kit distribution. >> since august, have demanded an emergency plan, and not received one. here we are in january. last week, i was having personal phone calls asking for that plan and had not heard one. this predicament has become unavoidable mess.

>> folks are getting sick. they are overstressed and overworked. and, they know that nothing is being done to mitigate those stresses. >> this all comes as hundreds of teachers and aides run out of classrooms due to the virus. there were 693 request for substitutes at schools across the district. district staffers and others scramble to fill those gaps. now for its part, be sent cisco unified school district says, quote, we have been operationalizing one of the largest covid-19 testing efforts in san francisco, and have made reliable testing regularly available to students and staff since last spring. other bay area school district are also struggling with the omicron surge. from december 31st through january first, oakland unified testing program says they identified 930 cases among students and staff. a massive traffic jam and

frustration at the fremont unified school district offices. people waited in long lines to pick up at home covid-19 test kits. the district is providing free kits before students and staff return to class next week. they admit they fumbled today's distribution. at one point today it got so bad, people left their cars and stood in another line to get the kits. >> it was long, but worth the weights. >> how long was it? >> two hours. >> reporter: would you do it again? >> i was. you have to. >> a similar scene in san jose. lines of cars were so long for covid-19 testing at kaiser, they stretched from beyond the freeway on ramp. wait times were longer for people who actually had appointments. kaiser says it is doing everything it can to meet the increased demand for testing. the omicron surge is fueling a staffing crunch across the bay area. wilson walker reports many local businesses are being forced to cut hours and cannot even open their doors because

they just do not have enough staff. >> reporter: as the omicron surge escalates, business is slowing down. many places are having trouble keeping staff on hand as the doors open. >> it has been awful. we have closed our balboa location for two days, we had to close one day last week we are running on skeleton staff and sending people home as tests come back positive. it is pretty bad. >> reporter: from restaurants in sentences go to bookstores in the east bay, the latest covid-19 crunch is here. >> what else could possibly go wrong? you know what i mean? >> reporter: any thomas runs pegasus books with three locations, where staffing was already at a minimum. >> when somebody goes out sick, or has to quarantine, or their child has to quarantine, we are down to less than bare-bones, actually. >> reporter: in a business corridor you are likely to see signs like this one. closed for quarantine.

this is on top of what you might call the pre-existing condition. >> welcome it has been hard to find people that wants to work. >> reporter: liz taylor is basically running two stores by herself. while she is worried about a positive test, >> i find that it is hard to get tested right now. i wish that would not be the case, because that would make everyone feel better, i think. >> reporter: after almost 2 brutal years, it is just another tough chapter for businesses. but, it is a chapter some anticipated, and made plans for. >> we decided to get a pool of money it is just covid-19, i tested positive money for each employee. they can draw on that if they need and it should cover about what they were working for two weeks. >> reporter: one hope shared by all these business owners is that the surgeon does not last long. emergency pools of money and shortstaffed contingencies can only stretch so far. here in berkeley, wilson walker, kpix 5.

california is opening applications today for mortgage relief payments for struggling homeowners. the state is using $1 billion in funds from the federal american rescue plan. paying off homeowners past due mortgage payments with no requirement to repay. we have more on the allocation process and what it takes to nullify on kpix.com. strachan advisory panel is recommending covid-19 boosters for younger teens took top cdc officials will now have to sign off on the third pfizer shots for kids 12 to 15 years old. the omicron surge is being felt in hospitals and schools across the country. in miami, hospital admissions have skyrocketed 550% in about two weeks. >> military doctors, nurses, and emts are now in place assisting local hospital staff across the country. with additional teams ready to deploy as needed. >> in chicago, a showdown over

schools. we just learned classes were canceled there for a second day after officials fail to reach an agreement with teachers over covid-19 protocols. a live look at the capital, one year after the riots. u.s. attorney general merrick garland says that prosecuting the people who carried out the attack is at the top of his agenda. >> those involved must be held accountable. there is no higher priority for us at the department of justice . those who assaulted officers and damaged the capital face greater judgments. >> reporter: today, the fbi has arrested more than 700 people, they are still looking for 350 others. the attorney general also weighed in on claims that the 2020 election was somehow stolen. >> those claims, which have corroded people's faith in the legitimacy of our elections, have been repeatedly refuted by the law enforcement and intelligence agencies of both the last administration, and this one.

>> a cbs news poll shows 66% of republicans believe there was widespread fraud in the 2020 election. earlier today we spoke with congresswoman barbara lee who gave her account of what it was like to be in the capital on that day. >> i put two and two together, not knowing what would take place, but knowing something would go down, never thinking what went down would be this violent and tragic. i wore my tennis shoes that day , again, because i just knew that the possibility that i didn't even want to think about, but i was going to be there to witness the peaceful transfer of power, of our members on the leadership team and so, never did i think that, the peaceful transfer of power would almost be thwarted, and this was an attempted coup. >> one year later, still so many questions out there. what would you, at this point, most likely want answered? >> those who perpetrated,

planned, and executed this attempted coup need to be brought to justice. no one is above the law. so, i am thankful that chairman bennie thompson and the committee is moving forward, gathering the facts. soon, there will be public hearings, and we will lay out exactly what happened, so that we will have -- the public will know exactly who did what, when, and where. secondly, we have got to protect our democracy. i think january 6th really showed what -- the fragile nature of our democracy, but it also showed how resilient we are. because, we survived that. >> former president trump was planning to hold a press conference on the one-year anniversary of the attack, but that has been canceled. president biden will deliver his own speech, refuting claims of election fraud and pinning the blame for the attack on residents trump. still ahead on kpix 5 and

streaming on cbsn bay area, time to ditch that cloth mask? experts are recommending and omicron upgrade, but the best protection they not be easy to find. a major cruise line canceling voyages because of covid-19. what you need to know if you are planning to set sail. some very good water news. the turnaround at the tallest dam in the state. to get the best view of tonight's sunrise, you have to get above the layer of clouds and fog but we can do that from mt. diablo. there is a spectacular sunset. we will take a look at another

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tragedy in philadelphia this morning. and apartment fire killed at least 13 people, including seven children. this is the aftermath of the horrific fire early this morning. the deputy fire commissioner says that eight people were evacuated from that building, two additional people taken to the hospital. fire officials still don't know

what caused the fire, but they say the buildings and smoke detectors were not working. >> this is without a doubt one of the most tragic cases in our city's history. >> i have been around for 35 years. this is probably one of the worst fires i have ever been through. >> the philadelphia housing authority owns that building and according to its records, the buildings and smoke detectors were working during an inspection back in may. the housing authority says it is cooperating with the fire department in the investigation. a home on fire this afternoon on 1/70 avenue. the fire was under control as of 1:30 this afternoon. two people were referred to the northern california red cross, but no injuries reported. downed power lines forced police to close roads in mill valley this morning while workers cleared away trees on west blanco avenue.

crews have been trying to restore power there. no word on when everyone's lights will be back on. now a bit of good news. the states water supply, anyway, the power plant in butte county is back up and running, now. the reservoir is behind the tallest dam in the nation. levels in the lake were so low, the power plant had to be taken off-line back in august. now, the department of water resources says the recent storms we have had brought the water level high enough to start up that power plant. but, they are starting slowly, they don't want to let too much water out. a fedex flight slid off the runway due to ice this morning. no one was hurt but the plane suffered minor damage. the incident happened around 9:30 this morning on a delivery flight heading to memphis. time to bring in paul

heggen. we will get some more rain, but we will have to wait for it? >> yes, just a bit of a break so the rain we have already received get the chance to soak in further, that is not a bad thing. hopefully that will alleviate drought conditions even more. one more dry day on the way for thursday but already, tomorrow night, we will see showers sneaking into the north bay with the bulk of the rain falling over the bay area the first half of the day on friday. we are talking about light rain. let's talk about the timing, first. hour by hour rain chances looking at santa rosa, we will start the clock at midnight tomorrow night. rain chances move into the pre- sunrise hours of friday morning. rain chances peeking around the time the comes up and then tapering off toward late morning. for sentences go we start the clock at 2:00 a.m. on friday because it will take longer for showers to move in. around and after sunrise for the best chance of rain for san francisco in the central day. notice chances are just slightly lower than they are north of the golden gate. a more noticeable trend when we

look at the rain chances for san jose we will start the clock later, 4:00 a.m. on friday and rain chances peak between 8:00 and 10:00 at lower than 50/50. your odds of picking up anything more than a trace of rain don't look that great. for all of us, this will be a light rain event. future cast, less than 1/10 of one inch of rain across the board. there will be a few spots across the board in higher elevations that may pick up to a quarter of an inch of rain. nothing so dramatic just a little bit of light rain. at this point the rainy season even with the greatest art we have gotten off to, we will still take every drop we can possibly get. right now, there is fog out, tough to shake throughout most of the day but you can see a hint of light on the horizon. downtown san francisco, everybody is in the mid to upper 50s. temperatures today around and slightly above average. we will be close to what is

normal for this time of your heading through the day tomorrow. the fog will be an issue. widespread reduced visibility to start the day on thursday. we may even see a dense fog advisory issued for the national weather service but they have not done that yet, they are waiting to see how the fog spreads out into the night but plan on a longer than normal commute, just give yourself extra stopping distance as you are on the reds early tomorrow morning. like today the fog will be stubborn. 10:00 in the morning we see some improvement service abilities but the low cloud cover is still going to be hanging out near ground level. finally it begins to lift but mostly gray skies overhead by noon and then some pics of sunshine. like we saw today, the best chance for partial clearing will be further inland. even if we see gray skies overhead most of the day temperatures will be close to what is normal for this time of year. we start off above average for morning temperatures, mid and upper 40s with low 50s on the map to begin the day on thursday. as the fog begins to lift, noon

temperatures will be warmer into the mid-50s and by that point with highs in the mid and upper 50s to around 60 degrees for warm spots. not a lot of variation for the cooler spots on the map and warmer locations in the santa clara valley. temperature setting for the next seven days, we have a chance of showers with the first half of the day on friday. and we dry out the forecast for saturday and sunday. there is another chance of showers into early next week. best chance north of the golden gate and along the coast but we will keep you updated on that through the weekend. we look at future cast for friday at 5:30. thanks. i had a major announcement about the grammys and how covid- 19 is impacting the biggest night in music. who starts at quarterback for the 49ers on sunday? can a jimmy garoppolo play through pain against the rams? streaming tonight on cbsn bay area, some parents and students are dealing with anxiety of returning to school amid the omicron surge. cal state east bay's chair of public health shares his advice at 8:30. you can find cbsn bay area on kpix.com or th

the biggest night in music is officially postponed. the announcement came following a joint statement from both the recording academy and cbs. the ceremony had been set for january 31st, in los angeles. there is supposed to be a live audience with live performances. we will be sure to tell you when a new date is set. top-ranked men's tennis player novak djokovic has been banned from entering australia. he was flying in to defend his title at the australian open. djokovic had applied for a medical exemption to the vaccine, but turns out he obtained the wrong type of visa. his lawyers are appealing the decision. covid-19 hitting college sports. the cal women's basketball team is postponing its home opener against the oregon state

beavers on friday due to covid- 19 issues with oregon's team. the beavers sunday team has also been postponed. it is not a must win but the 49ers desperately need a victory in l.a. this weekend. >> vern has an update on their quarterback situation. >> who starts sunday's regular- season finale at the rams? that is coach shanahan's decision. asked today, i will give him credit, he gave an honest answer. >> i have him in -- i have not made it now which is the truth. i will tell you guys when i do that. >> reporter: a lot depends on ruffalo's pain threshold squeezing his injured right thumb you see how he had it taped before practice today. it's a ligament tear and a chip dibona suffered on this play in the loss at tennessee. >> what does it feel like? >> it hurts. [ laughter ] i don't know how else to describe it. it feels like the web in your

hand is tearing a little bit. that is probably the best way i can describe. >> in the half-hour media access today he did show some zip on his short passes. 5-0 lifetime against the rams because the 49ers beat l.a. , they are in the playoffs because they lose to the rams, they need the saints to lose to the falcons. if the niners lose, saints win, the season is over. there's all kinds of crazy questions out there, like, what if they both lose? according to our 49er insider, there are 24 playoff scenarios involving the niners. i attempted to figure this out, and i thought my head was going to explode. more next hour. >> we weren't math majors, right? >> right. >> the drama makes it interesting. >> thank you. coming up, why doctors say it is time to up your mask game

and cloth ones don't cut it anymore. >> of that is what the experts are saying, i believe them. >> i think we have to do what we have to do. >> cruises canceled, is it safe to set sail? we ask the travel expert what to know if you are planning a trip. i'm john ramos in the east bay. a mill valley man has ended up

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first at 5:30, an update on breaking news. the freeway chase ends with a northbay neighborhood on lockdown. this video in from mill valley. police pursuing two suspects along highway 101. they exited the highway then ditched their car, took off on foot along elm street, just off whitetail avenue. neighbors were told to shelter in place for a time. those two suspects, we are told, are now in custody. no word on why they were being chased. new at 5:30, a magnitude 5.8 earthquake struck southeast of yosemite national park. according to usgs, the quake hit at 4:30 near deep springs, a community close to the nevada border and west of death valley national park. rattling was felt as far out as fresno. no reports of any damage, but hundreds of people reported feeling the quake.

the top story at 5:30, as omicron cases surge, doctors are urging people to up their mask game. i'm allen martin. >> i'm elizabeth cook. doctors now say cloth masks are out and surgical masks are in. as max darrow reports, they may be tough to find. >> reporter: cloth masks are better than nothing. doctors tell us right now people should replace them with well fitted surgical masks or even higher-quality masks. >> of that is what the experts are saying, i believe them. >> a cloth mask does not cut it anymore. >> reporter: dr. rossi is with state healthcare. he says cloth masks were adequate but not really the case anymore with the highly transmissible omicron barry and. >> upping the mask game is something easy you can do to try to prevent obtaining the virus. >> i think we have to do what we have to do. >> reporter: