surge. >> exactly right, garvin. today's hearing amounted to a first court appearance for sheriff laurie smith now facing seven different misconduct accusations which were leveled against her by a south bay civil grand jury last month. and it was a strange hearing, involving a judge in san mateo county, a prosecution team in san francisco, and the sheriff and her defense team here in santa clara county. reporters were allowed to watch and listen but not record the public proceedings as sheriff laurie smith appeared virtually about the san mateo superior court nancy fineman sitting in south san francisco. >> this is a very rare proceeding. and so we don't have a lot of guidance from past court cases about how to do this. >> reporter: in december a civil grand jury in santa clara county handed down seven different accusations against sheriff smith, including willful and corrupt misconduct in office.

six counts connected to allegations of trading coveted concealed carry weapons or ccw permits, in exchange for contributions to the sheriff's re-election. and a seventh count, accusing her of mismanagement of the local jails, specifically involving the transfer of an inmate to ended up with permanent brain injury. if a trial jury finds any one of the accusations to be true, experts say california law requires the judge to remove the sheriff from office. >> the case law seems to say this is a quasi criminal proceeding and that the burden of proof is on the prosecution beyond a reasonable doubt. >> this is a very rare circumstance. >> santa clara county district attorney jeff rosen is not directly involved in this civil case because his office continues its criminal investigation into the sheriff's office. in an exclusive interview after the civil grand jury charges came down, rosen gave us his understanding of how this unusual process plays out under

state law. >> so she will be tried in front of a jury. and the jury will decide whether the accusations charge is true. and if they find it's true she is removed from office. >> the sheriff was scheduled to enter an answer or plea in court, either to deny or admit the accusations. she didn't do that. instead, her attorney said they need more time to spell out objections to each count. saying that there is insufficient evidence to back them up. the judge granted their request. >> my reading is that this is anything but a slam dunk case. remember, the district attorney filed a number of of related criminal cases and got very mixed results. some of those cases were dismissed outright. one judge in santa clara county called the evidence pure speculation. now how much of that applies to sheriff smith and how much more evidence they've got we don't know. but i think there is substantial arguments to be made at this

point on the part of both the defense and prosecution. >> now judge fineman gavs the defense team six week to file objections and then prosecutors another ten days after that to give an answer. it could be april before we get the sheriff's full response to the charges in court, and know whether a trial will proceed. we'll stay on this story. >> thank you, steven. you can find our coverage of the case on nbcbayarea.com. just search laurie smith for past reports and see how we got here. is the end in sight in medical experts are trying to project exactly when the latest coronavirus surge will peak and begin to decline. today's latest update shows california added more than 119 thoup new cases, a positivity rate still stopped 22%. this is where it's been since the month started. one of the telling indicators may come from an unlikely place. bay area suers. a sampling of south bay waste water shows the omicron surge may have already peaked.

bay area stephanie magayon spoke with experts about the data, science and what we can expect. >> the latest covid surge may be on it way according to what experts find in what you are flushing. >> people who are sick, infected with covid within they do have the virus in their poop. when this a goes in the waste water system and down the suers it gets collected as one big sample. >> for nonts now environmental health experts and health departments around the bay have been testing waste water to detect levels of covid infection in communities. and the latest data shows the amount of covid in the waste water is going down. >> now what we'll want to see over the next week or so, that going to continue? we want that decrease sustained and in communities where we are not seeing that we hope to see that soon. >> santa clara county is one of several participating regions. and here they're seeing that light at the end of the tumble. the graphs tell us why. each shows the level of

infection in our waste over the last six weeks. the peak january 6th. since then all four treatment plans show the numbers dropping. >> the waste water data is representative of the clinical data. and often times we get the waste water data before we get the clinical data. >> meaning, these positive covid cases and hospitalizations may start going down in a few weeks. but that doesn't mean we should start letting our guard down. >> overall concentrations are still really really high compared to where we were last year. and what that means is that there is a significant amount of community spread. and people need to remain diligent. >> in san jose, stephanie magallon nbc bay area news. let's turn to the situation in our hospitals. the state says more than 13,000 people are hospitalized while infected with the virus. yesterday you can see, we added 422 patients to that total testing positive for covid-19,

up 3% from the last update. how do things look in the bay area? overall there are at least 1,700 patients with covid in the region. santa clara county, the number one spot with the highest number, 461. >> well garvin, leaders in santa clara have had enough one one day after we showed how much more testing that that the county is doing that health care providers. county leaders issued a warning, kizer and sutter need to step up testing efforts or else. damian trujillo sflans in the update to his exclusive report. >> reporter: if you've tried booking a test in santa clara county the last couple weeks you're likely one of the frustrated ones. appointments are booked up for days if not weeks. and the numbers we obtained hint that's because kaiser patients like linda can't seem to get a test through kaiser. they lean on county. >> reresorted to the county going to the fair grounds. >> leaders say cases like hers

are strange the county system. >> it's not reasonable for the county health system to provide such a disproportionate share of the testing and vaccinations. >> county leaders used this news conference today to go over the data we brought you exclusively yesterday. santa clara county sees 15% of patients in the region. but in the last six months it handled more than 20% of the testing. kaiser sees 31% of patients in santa clara county but provided just over 12% of testing. and the sutter health, sees more than 16% of county patients but only provided about 2% of all covid testing. there are similar disparities in vaccinations. with the county carrying the majority of the load. now the county council is threatening to enforce the health order requiring providers to test and vaccinate their patients on face steep fines. >> this is a health order. we have in the past taken enforcement with respect to the

testing order. we're prepared to do so again. >> both sutter health and kaiser permanente told nbc bay area they are trying but suffering from the same staffing shortages and overwhelming demand the county is seeing. to make sure that's the case, ao the county is asking kaiser and sutter patients having trouble getting tests or vaccines to providers to file a complaint at fcc covid concerns.org. in san jose, damian trujillo, nbc bay area. >> in the meantime the biden administration is launching a website to make it easier for americans to get the at-home covid test kits. starting wednesday you can log on to covid test.gov and place an order. each household ordering up to four tests. once you place the order they will ship seven to 12 days later. the site is already up but won't accept orders until the 19th. it will set up a phone number so people without access to computers or high-speed internet can order the tests and, again,

most people will get them the end of the month. if you need a covid test more quickly and are still having trouble finding one, let us help you out. we put together a list of ways you can find a test in every bay area county just go to nbcbayarea.com and search where to find a covid test. you can also click on the limping in the trending bar. it's the latest issue caused by the hypercontagious omicron variant. food banks and small businesses say they are unable to operate at full capacity because so many workers and volunteers are getting sick and quarantining. in fact bay area food banks say the volunteer ranks are so low they struggle to meet demand for packing food and making deliveries. organizations like second harvest silicon valley insist they will find a way but are asking people to go online and sign up for volunteer shifts if they can. >> it's definitely affected us. we're not getting -- we used to

sell out vovts shifts in advance we are not getting enough people. >> you may have noticed signs like this on the coffee or sandwich shop. some small businesses have had to cut back hours of operation recently because they don't have the workforce to stay open full-time. >> cal state east bay announced it's starting the spring semester online. the school says it will take the first two weeks virtual and classes will be back in person on january 31st. the semester starts on january 18th amp the martin luther king jr. holiday, coming up. the school says its decision to go remote applies only to instructional activities. the hayward concord and oakland campuses remain fully open for services starting the 18th. remember, were it's masks, school changes or even just the latest news on the pandemic, find it all on our website. we have an entire page dedicated to our coverage of covid-19 just go to nbcbayarea.com/coronavirus. it's a somber day for the alameda county sheriff's office. today the body of sheriff's deputy recruit david nguyen was

transported from the coroner office in oakland to a funeral home. his girlfriend and sister were there to escort the body. the 28-year-old was shot and killed while driving to the toll plaza. he was set to graduate from the academy last month. the alameda county sheriff association oppressive a $10,000 reward for any information leading to arrest. his funeral was set for january 24th. up next, making it in the bay isn't getting any easier. what a new report says about san francisco's sky-high home prices. plus this. i'm tom jensen in son loernto with the story of two bay area women who are pitching in to protect vulnerable communities during a covid testing crisis. i'm chief meteorologist jeff ranieri heading out? san jose tonight it's 59 right now but down to i will chillier 50 at 9:00 p.m. a full look at the forecast coming up in minutes.

right now as we prepare to come on the air in the west, concerns about some pop-up covid testing sites, why some attract the attention of law enforcement. also amazing new video of a chaotic escape from colorado's wildfire disaster ahead on "nightly news."

i'm greg, i'm 68 years old. i do motivational speaking in addition to the substitute teaching. i honestly feel that that's my calling-- to give back to younger people. i think most adults will start realizing that they don't recall things as quickly as they used to or they don't remember things as vividly as they once did. i've been taking prevagen for about three years now. people say to me periodically, "man, you've got a memory like an elephant." it's really, really helped me tremendously. prevagen. healthier brain. better life. . the latest housing report on the bay area housing market is sending out mixed signals. a report from real estate analysis redfin shows the median

price for a home in san francisco dropped significantly. the report also shows a drop in overall sales. the numbers show the median home price in the city is $1.488 million. a drop of more than 5% from november to december. the chief economist for red finn says the holidays impact supply and demand. >> a lot of the homes that would garner the highest price they're not listed until the new year when there will be more buyers on the mechanic. so you go and bid up the price. >> the chief economist says that month over month numbers may have dropped may not mean as much when year over year prices are up more than 5%. two bay area women are doing more than their fair share to help communities in need survive the latest covid search. >> and tom jensen talked to one hatch the dynamic duo working to bring testing where it's needed most. but sometimes impossible to find. >> reporter: these two bay area

women already working at this busy covid testing site in hayward heard about the need in san lorenzo unify eyed school district for testing so they et up a site but didn't stop there. >> whatever the need is we try to meet it. >> francis shepard says they doesn't know any other way than being in service to the commune. she called the east bay home for 61 and now at 72 she works 12 to 13 hours a day with her coworkermia felix to help the communities they love. last week with testing shortages and surging virus number as the schools they jumped into action setting up a new station to insure arroyo high teachers could get access to tests. >> any round up the kids, kids. the kids are there. and we did not want the infection if they were infected if they had the virus, we were trying to stop it before it entered the school. >> when they were down at arroyo high at the took the stations to the east bay homeless centers

and assisted living centers. we caught up with francis outside this free community relief site where up to 1,200 people are being tested for covid daily. >> you have a fullhouse and we want to be safe. >> tolan hill is among those getting tested saying the women have gone above and beyond the call to duty calling them heroes. >> clearly they love the community. we're grateful to have them. >> i don't know if you call us superheroes but we try to work. we want to try to help the community. there are so many vulnerable people out there. >> >> in hayward, tom jensen, nbc a bay area news. >> wonderful work. if you were watching the newscasts at 5:30 you caught the weather foermt. jeff ranieri gave permission for everyone to sleep in. >> i want to make sure the viewers at 6:00 get the same deal. >> we have all been working hard this week, right. >> so hard. >> yeah, we deserve it. we have so much happening. yeah, as garvin mentioned i was saying the cloud cover as we roll through tomorrow morning will make it perfect to not set the alarm clock and let yourself

sleep on in. let's get you set up a ready to go. maybe you are getting ready to head out the door out to st. francis. you got something happening even though we have some covid restrictions in place. you got to keep everything moving along. if you are meeting friends out maybe for dinner we have 5 a in st. francis. definitely jacket weather cloud cover in place. no rain expected tonight. and then once we hit 11:00 down to 50. then dipping into midnight here going down to 49 degrees. chilly weather on the way through tomorrow morning. there is a lot happening on the weather maps. we have this area of high pressure here. this is what we can blame for no rainfall the fastest several days, sending all the storm activity way off towards seattle. we've got the other small weather make are down here south. and this is what you can blame for the cloud cover. if you've been sick and tired of it woe did get blue sky but it's pretty persistent from this system here. and it's hanging out rolling through tomorrow. not the sunniest of starts moving to saturday morning,

hence the good sleeping in weather. yes, check it out. you can see across the bay area temperatures in the 40s, 45 for the sought bay. tri-valley at 40. east bay at 43. san francisco 46 and north bay 41. so here's the clouds to start. then advancing this you can see not much of a change rolling through the afternoon. i do anticipate some breaks of sunshine trying to get through the high clouds tomorrow. but all in all, we'll have to deal with that. our temperatures as we roll through tomorrow change a whole lot and there is really not many variations across the microclimate. it's feeling similar wherever you go across the bay. 64 here in san jose. let's take it to the east bay .at 62 in concord. 63 towards fremont. peninsula 62 in palo alto. up to daly city 61. st. francis 59 in the outer sunset through the north bay 64 in clearlake. 63 santa rosa back to napa, low 60s as well. now the one thing that could

bother i wanted to make sure i got out here is the pollen. in the moderate for cedar alder and pine. the seven-day forecast keeps you dry next seven days. . we have 50s and 60s for highs there. and the temperatures don't adjust a whole lot for the inland valleys looking pretty much the same here for the daytime highs and morning lows down in the 40s. now february still looks good for increased rain chances. so enjoy this now. because then once the rain gets here we know, you know, we might want a break from that. we know how picky everybody can be. >> back and forth between sun and rain i'm cool with that. >> thanks, jeff. >> you got it. doesn't happen often you have a chance to view one of the greatest parks for free. what you need to know still ahead.

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some deals for diners. the event runs through january 31st. more than 30 local restaurants, most of them family-owned are giving diners discounts and buy one get one free deals. if you're not comfortable dining indoors during the omicron surge, a lot of restaurants are offering takeout deals. restaurant owners say it's a good way to support local businesses who have been hit really hard by the pandemic. >> scary at times. obviously i think every restaurant owner can say the same. we're lucky to be on the other side of things at this point. we -- hopefully it continues in the right direction. >> to take advantage of the discounts simply download the free comfort food week app on the city's website. >> and if you need a way to work off the calories we have of an idea. the holiday weekend coming up might be a good time to get outdoors. here's a look look at yosemite national park. admission is free every martin

luther king park. enter free for five days out of every year. speaking of mlk up next many celebrations are postponed this year. but one city honored him in what would have been his 93rd birthday. that's next. when you have xfinity xfi, you have peace of mind built in at no extra cost. advanced security helps keep your family protected online. pause wifi whenever for ultimate control

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honoring the life and legacy of martin luther king jr. today london breed joined

community officials for a virtual celebration. >> today marks the 38th year that san francisco's recreation and parks department honored him they went online due to the omicron surge, featuring performances and remarks honoring king and celebrating the impact his work had on the community today. >> dr. king once said our lives begin to end the day we become silent about things that truly matter. and as san franciscans we have never and will never stay silent. >> many events planned for are the martin luther king jr. holiday on the 17th have been postponed due to covid. but many beautiful sunsets for the holiday weekend, jeff. >> definitely. we a great one tonight. and the cloud cover hanging around for this weekend also is going to set off some of the beautiful sunset as we roll through tomorrow morning, fantastic weather here, 40 for the tri-valley. lens panes la south bay 45. we have the clouds lingering and coming up with low to mid-40s for the east bay, san francisco

and the north bay. let me take to you the seven-day forecast. and we are staying dry the next seven days any plans you have even right there for martin luther king day on monday look good here with a mix of 50s and 60s for highs. and 40s for the morning temperatures. so garvin, audrey, tomorrow morning, are you taking the meteorologist orders here and sleep in? >> i'd love but you know my kids. they. >> they get you up. >> they have my mornings. jeff thanks. but up next on "nightly news" concerns about the pop justify covid test sites that don't have the greenlight from officials. but omicron impact on children children. inside the new hospital unit. coming up, lester holt starts right now. breaking news tonight. the major winter storm taking aim as we head into the holiday weekend. 64 million people under alert from the midwest to the southeast and up into the northeast. up to 10 inches of snow there will be ice,

wind and freezing rain windchills as low as 40 below zero. states of emergency in the carolinas and virginia we're tracking it all. also tonight the cdc's new mask guidance. which ones provide the most protection and which give the least it comes amid the omicron surge. cvs and walgreens temporarily closing some stores due to staffing shortages and when you could order free tests from the government's new website. tennis star novak djokovic detained in australia after his visa is canceled again. will he be deported? the u.s. accusing russia of a false flag operation with acts of sabotage to justify invading ukraine how the kremlin is responding dramatic new body cam from the worst wild fire in colorado history. authorities evacuating a costco going door to door, even saving horses. the investigation into pop-up testing sites. new warnings and consumer alerts in several states and the windy city's oldest hot dog