year. kpix five is learning the victim is a beloved dentist. police are asking witnesses to come forward. >> while the department has moved resources to that area, while the department has made key arrests in other violent incidents that have happened in that area, this unfortunate area area in our city continues to be be impacted, and i'm saddened by by what we have seen. >> this afternoon a community angry and fearful for their safety came together in oakland at city hall, they are calling out city leaders for a lack of action. >> shawn chitnis with more on the rally, and he spoke to somebody who knew the victim. >> >> the community in oakland wants leaders to hear them loud and clear when they say what you're doing is not enough to keep us safe. >> you think about everyone, ahead of us.

>> patients quickly became friends of doctor lily in ds owe longme dentist was a pillar in in the community. >> she was devoted, doctor in oakland chinatown, well loved by by all her patients. and in fact fact her staff say so much good things about her, that's the reason why they stayed with her for many years. >> surveillance video shows her black sedan on sunday afternoon near little saigon, and a suspect car coming up from behind. in this video, you can hear a woman scream and gunshots gunshots before the suspect's car drives off. at a rally monday afternoon, organized by chinatown leaders, residents felt compelled to grab the mic and share their frustration. and and why they're scared. >> as an elder, it's unacceptable, unbelievable that

their property, all the work that they've put into raise their family, secure the family, family, are being robbed. >> the district attorney says this is a reminder to have police patrolling on the ground. ground. >> one of the rate ways to address this kind of crime is to to have a presence of police in the neighborhood. this has not been happening just for a few months or a few years. it's been been happening for decades. we know that that type of targeting targeting of our community has to stop. >> some community members interrupted elected leaders to say their response to crime isn't working. >> it's the same thing. its empty promises. >> those who knew doctor hsu worry that anyone of them could be next. >> today it's her, tomorrow could be me. >> reporting in oakland, shawn chitnis, kpix 5 news at 5:00. >> police are asking for help from a driver of a white tesla that was in the area just before

before the crime. we checked surveillance video and noticed the tesla past the suspect vehicle moments before the crime. cameras from onboard the car could provide some clues. >> >> there are developments on the the body recovered by crews while they were searching for a missing teenage girl. authorities say they strongly believe the person is kylie rodney. of volunteer dive team pulled out a car from the reservoir yesterday evening. it's near the area where the 16-year-old was attending a party. cbs reporter madison has more. >> we have found her vehicle. >> >> announcement on social media, media, adventures with purpose, a volunteer underwater sonar search and recovery dive team found what kylie rodney's family family and friends set out to find when she disappeared august august 6th. >> the adventures with purpose folks did a fantastic job. at being able to locate the vehicle vehicle as quickly as they did. based on a lot of heavy lifting

that the folks behind me. >> reporter: at a media briefing briefing today the nevada county county sheriff praised their work. the teen's car was found upside down, authorities confirmed. adventures with purpose said it was in 14 feet of water, just 55 feet off this very sure. >> we are glad she has been found, we pray that this will bring closure to the family. >> reporter: longtime family friends of rodney's told cbs it's the not knowing that has been hard for the family. and the community. rodney's missing posters still up around town. with so many volunteers and more more than 150 law-enforcement officials on the search, how did did they miss the car in an area area they say was searched thoroughly? >> unless you've conducted these these searches and try to do it it does take a level of expertise and nothing is perfect. >> expertise and equipment, that's ultimately what law-enforcement says separated

their search from adventures with purpose. >> tracking underwater is a difficult thing to do. part of our debrief on any of these situations is how do we figure out to improve our services and work on our resources in the way way that we use them. >> we are hearing from the group group adventures with purpose, two divers talked about their heartbreaking discovery at the reservoir. >> nick detected an object underwater using cutting-edge garments on our technology. i was able to then confirm that it it was, in fact, a vehicle. in roughly 14 feet of water. in only 55 feet offshore. after marking the vehicle with our magnet, nick suited up in his dive gear and conduct of the dive to identify and assess the vehicle. >> the group often posts videos on youtube and facebook about acing persons cases. we first brought you the nevada county sheriff's news conference live on cbs news bay area, stream

24/7, or the kpix app. >> former president trumps lawyers have asked the federal judge to block the fbi from continuing to review white house house documents seized from his home two weeks ago. cbs correspondent natalie brand joins us with what trumps legal team is demanding. natalie? >> that's right, this new filing, trumps legal team argues argues that the search raises fourth amendment concerns saying saying it was overbroad, and now now they want an independent legal party to weigh-in. lawyers lawyers for former president donald trump want a neutral person known as a special master master involved in reviewing the the documents seized from the search, and they want a more detailed list of what was removed. they want the government to seize its review of materials seized until the special master is appointed. >> there's going to be some sort sort of argument that this went beyond someone's rights under the fourth amendment. in terms

of an unlawful search and seizure. >> reporter: during the fbi search two weeks ago 11 sets of classified documents were seized, including some marked top-secret. it came months after after a trump lawyer signed a document stating that all such material had been returned to the government. >> clearly the handling of classified information is something that's serious. >> separately the justice department has until thursday to to submit its proposed reductions to the affidavit which details of to the search. >> every redaction they make, if if they don't redact completely, completely, it's going to lead people to speculate. >> reporter: the doj argued that that releasing the full affidavt full affidavit magistrate judge bruce rinehart says the government has met its burden of of showing good cause that overrides any public interest in in unsealing the full contents

of the affidavit, but he adds he he must still consider whether there's a less onerous alternative to seeing the entire entire document. the judge warns warns reductions could be extensive. >> natalie has the doj responded responded to the new motion filed by trump's attorney. >> we have a statement from a spokesperson tonight who says the search was authorized by a federal court upon the required finding of probable cause. he goes on to say that the government will file its formal response in court. legal experts experts we've been talking to say they expect the doj to contest this motion, saying those documents are evidence, but ultimately it will be back before a judge, who will then decide what happens next. >> since the search, threats against fbi agents have surged,

some members of congress calling calling on social media companies to address those threats and take immediate action. last week authorities arrested a pennsylvania man who threatened to kill fbi agents. the week before, ricky schiffer was killed after attempting to breach the fbi office in cincinnati. federal officials say the ohio man posted a call to arms on former president trumps social media site. >> it's completely wrong. it's completely wrong but that's not where 99% of republicans are at. at. >> leaders have requested a response from the social media companies by september 2nd regarding the number of threats on their platforms, and if they are reporting them to law enforcement. > >> president biden's chief medical advisor doctor anthony fauci says he will step down in december, doctor fauci has spent spent more than five decades at the national institute of health, long before covid he helped shape the government response to hiv and other diseases. in 2008 former president george w. bush awarded

awarded the presidential medal of freedom. doctor fauci says he he plans to continue working outside of government. californa government. california governor released a statement thanking him for his service, especially during the hiv aids epidemic. she said in part's early support support for funding research on treatments and push to include patient advocates in the process process continues to influence clinical trials today. we introduce you to someone who worked side-by-side with doctor fauci during the aids crisis. hear his hope that fauci's legacy is not hurt by politics. > >> first alert weather outside dublin, officials have issued an an air quality advisory for tomorrow because of smoke, from wildfires burning on humbled and and trinity counties affected the impact the bay area. >> we are looking at that and more. >> we have good air quality for now, if you have any outdoor plans this evening we will start start with the current air-quality map and everyone is in green, because those are the

only thoughts that aren't green on the map, but there is smoke being produced by the six rivers rivers lightning complex in california and it's going to be drifting down, tracking the service-level smoke, that's what what we have to worry about, there's going to be some of that that drifting into the north bay bay and potentially into other parts of the bay area as we head head through tomorrow. we are toward the lower end of the spectrum, not dense service-level smoke, so i don't think our air quality will be that bad and it is just tomorrow tomorrow that we will see the haze on the horizon, air-quality air-quality improving as we head head through the first half of the day wednesday and the air quality will only reach the moderate category tomorrow, below the spare the air threshold, but you will notice smoke in the atmosphere, but not not much of it getting all the way down to ground level for significant issues with breathing difficulties. it's going to be a warm day tomorrow, tomorrow, coming up in a few mi. few minutes. >> coming up on cbs news bay area, governor newsome strikes down a controversial bill that would have allowed drug

consumption sites in the bay area reaction from local leaders. >> a black eye for the police department in antioch, the criminal investigation now underway against several police officers, plus. >> john ramose in concord, they have the happiest people in all of america. it's why they have

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>> let me tell you about breaking news from the east bay, bay, chopper five flew over the scene of a shooting that happened in richmond, and we could see evidence markers in the road, this is the intersection of fourth and mcdonald near niven park. we have calls out to police but so far no word on the circumstances circumstances that led up to the the shooting or who was hurt. >> >> governor newsome has vetoed a a bill for safe injection sites in california cities. just hours hours before today's deadline, the governor's veto comes during during a spike in overdose deaths triggered by the national national opioid crisis. the proposed legislation would have allowed san francisco oakland

and los angeles to set up sites were opioid users could legally inject drugs under supervision. the governor says the bill would would have brought a world of unintended consequences. senators scott and the officer of the bill released a statement statement following the veto saying the opportunity is a huge huge loss for the state in addressing overdose deaths. he went on to say it sends a negative message that the state is not committed, it's saving lives and getting people treatment. >> 10% of antioch's police department is under criminal investigation and the city's mayor is reacting to this, and maka vic joining us now to talk about this. what we know about all of these accusations? >> not much, the interim police chief has called them very disturbing and the contra account the said that they are crimes of moral turpitude. antioch's mayor says he's focused on breaking antioch's long tradition of non-accountability. lamarr thorpe gave an update about the

fbi and county prosecutors investigations, saying right now now eight patrol officers are on on administrative leave, that 15% of the city's patrol officers. and 10% of the overall overall police force. a criminal criminal grand jury will soon convene which could then increase the number of officers under investigation. >> if this process reveals any criminal wrongdoing the sooner we can root out officers that should not be wearing the badge, badge, it will be better for our our city as we work toward building relationships built on trust with our community. >> the city has expedited appointing the new chief of police, will be serving permanently. none given [ indiscernible -- audio cutting in and out ] >> thank you, state police, this this video, graphic and difficult to watch, it appears to show two crawford county

deputies and one police officer pinning him to the ground and violently attacking him, they repeatedly punch him in the head, knee him in the legs, one officer smashing his head into the ground. the crawford county sheriff says it started in arkansas, police responded to a call about amanda making terroristic threats against a gas station employee. the man allegedly spit on that employee and threatened to cut off their face. they then biked to mulberry where the officer and deputies met with him, the sheriff says the conversation started calmly but then escalated, and worchester allegedly pushed one of the deputies to the ground and punched him in the back of the head. >> the officer recognizes that the activity portrayed in the video and we condemn all violence against any civilian or or person being detained. >> the punching in the face, it's unrelenting. i could

understand if you are in a battle with the person, but, the the person laying on him and the the other person kicking him,. >> state police say he was taken taken to a hospital and then put put in jail. he was later released on $15,000 bond, all three deputies involved are suspended. > >> new video coming out of texas, this is the scene in the dallas-fort worth area after a rough weekend. lots of flooding in that area, people have been trying to push cars through waist high water in some places, places, other drivers tried to avoid being swept away. flooding flooding has caused problems and and flooding is been a problem in utah also, crews are searching for a 29-year-old woman who they think was swept away by floods during a hike in zion national park. authorities have been asking people to stay inside. > >> we were just talking off-camera, i can't remember this kind of flooding in dallas. dallas. >> dallas has more terrain than

other parts of texas. the water doesn't tend to be quite as widespread, but when you get 10 inches of rain in 48 hours, things are going to flood. the system in utah is different, that has been active, we've missed out on the effects of that for the most part we had the dry lightning threat that fortunately didn't amount to much more than a dozen or so cloud to ground lightning strikes around the bay area. no concerns through this week we will settle into a normal tranquil late august pattern, temperatures will backdown slightly tomorrow, but they will will be above average for inland inland parts of the bay area, the calm weather pattern will settle in with near-normal temperatures beginning wednesday, continuing through the rest of the work week and into the weekend. the air quality will improve after tomorrow, we showed you earlier that air quality today has been in the good category for all parts of the bay area, just enough smoke drifting down from the north with hayes in the horizon tomorrow and enough down down to ground level, the worst we will get is the moderate category tuesday, then we are back into the good category

wednesday thursday friday to go along with those near average late august temperatures. looking to the east from salesforce tower, blue skies, no no haze of the moment, hot temperatures inland, santa rosa the northerly downslope wind, pushing temperatures up to 99 degrees earlier. now down to 97 degrees, 90 on the nose in concord, 83 degrees in san jose, jose, more reasonably warm there, temperatures at 70 in san san francisco met with mid-70s in oakland right about the level level in oakland for 1st pitch of the a's as they start a new series against the marlins, 6:40, 74 degrees with sunshine overhead, we will track that fog fog as it's getting its act together along the coast spreading back across the bay and into the inland valleys to begin the day tuesday. it won't take long for it to back up out of the valleys, we should see the fog backing up to the bay by by 9:00 to the coast by late morning and early afternoon. plenty of sunshine for the rest of tuesday. temperatures will start off near-normal, mid to upper to around 60 degrees,

exactly average for late august, august, high temperatures tomorrow the city mid-70s were oakland, 2 to 5 degrees above normal farther inland, a slight drop from today's high temperatures, but noticeably on the warm side for one more day, then we are back to the near-normal temperatures later this week. mid 60s along the coast, down the peninsula and around the south end of the bay, with temperatures topping out in the middle portion of the the 80s in the santa clara valley, but up to 87 degrees, and at 90 degrees in morgan hill hill in gilroy, temperatures inland in the east bay, reaching reaching the low 90s, lucky spots in the tri-valley in the upper 80s, further east temperatures heating up more, the hotspots in the mid-90s tomorrow afternoon. near 70 in san francisco, upper 60s and low low to mid 70s for oakland in the east bay, with upper 80s and and low 90s for inland parts of the north bay. farther north you you are going to climb farther into the 90s, clearlake will be

the hot spot topping out at 99 degrees, staying below 100, it's it's a psychological victory. temperatures settle into the normal pattern wednesday, thursday, friday, a nice weekend, temperatures might be a a degree or two below average for inland parts of the bay area area and late august, that's a good thing, the last weekend in august feeling good with temperatures farther inland, reaching into the 80s before we start warming up a little bit by by early next week. nothing major on the horizon that has us us concerned, we have to be watching out for the fire threat threat this time of year but without any of those monsoonal surges to give us dry lightning threat, fingers crossed that we can get through the next several several days without anything new going. >> we will take a mild conditions. thanks, paul. > >> while most of the 40 niners starters set out, there was still an interesting position battle to watch. that story is next. >> don't forget to join us for our newscast streaming on pluto

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>> the 49ers improve in the preseason with saturday's win at at the vikings. >> charlie walters with a look at the win and a look at what's ahead as the regular season is coming up. >> what you saw against the vikings is not what you're going going to see come sundays. only three of the 49ers projected 22 starters played, meaning all eyes were on those fighting for backup spots hoping to make the final roster cut. one of those positional battles is the back of the quarterback trey lance, will it be nate seinfeld? he is currently listed as second string and threw a pass in saturday's win, he is the more experienced quarterback of the two, but his competition has the the athleticism, the youth, the

rookie quarterback led the 49ers 49ers in passing attempts and yards in saturday's game. vern glenn caught up with both after the contest. >> a couple plays i'd like back but i want to be efficient when i can. trying to put my best foot forward every day, and improve and be a better player the next time i play. >> i'm trying to do my job, do what they are calling antic with with the defense gives me. move the ball put up points on the board. keeping it simple like college. that's how i was looking at it. >> the preseason concludes on thursday with a matchup against the texans in the lone star state, trey lance and the majority of the starters are expected to play in that game, the final tuneup before their season opener against the chicago bears at soldier field in chicago. ryan. >> thanks. > >> still ahead, an east bay town town named the happiest city in america and some locals are surprised. how instagram played a role in concord landing the

top spot. >> a family and baby stranded for days in the wilderness, a new video of a rescue in the tahoe national forest. >> the big names in hollywood and now the big

californians have a choice between two initiatives on sports betting. prop 27 generates hundreds of millions every year

to permanently fund getting people off the streets a prop 26? not a dime to solve homelessness prop 27 has strong protections to prevent minors from betting. prop 26? no protections for minors. prop 27 helps every tribe, including disadvantaged tribes. prop 26? nothing for disadvantaged tribes vote yes on 27. >> you are watching kpix 5 news at 5:30. > >> right now, streaming on cbs news bay area, more local news at 5:30 including an east bay rescue group overwhelmed with too many rabbits. how you can

help them. >> a dramatic rescue, the moments of family including a baby were saved after being trapped for days. in the dense forest. >> our top story at 5:30, a company using technology to figure out which city is the happiest in the country, and one one bay area city took that top spot. i'm sara donchey. >> we've all seen studies measuring which city has the happiest residence. >> a new study is using tech to prove why one local city has been labeled the happiest. john ramose has this story. >> the city of concord has the happiest people in all of america. we know that because it's written all over their faces. concord's plaza is an old-fashioned townsquare, and she isn't surprised people seem happy here. >> seeing some of the happiest people in the square, i've seen some of the kindest human interactions gestures,