Able to tell his daughter that he loved her. After 12 days enduring what susan says was increasing agony, her father died on september 7th. He was in so much discomfort i was glad that they let me sleep in his room for the last two days and i was with him when he passed. Reporter she says her father studied chemistry but became a pastor instead and founded Immanual Lutheran Church in los altos and went on to become an air force chaplain. I feel like i was robbed. No one knows how long they have to live but he enjoyed life and was looking forward to doing things and i just feel like that was all taken away. Reporter the family has filed a lawsuit against atria alleging negligence and elder abuse. Our Investigative Unit reported the kitchen worker poured the bright red cleaner into a pitcher to use later for cleaning but became distracted according to investigators. The lawsuit alleges the worker was called to deal with a disruption in the dining room. There were not enough care givers to handle the disruption the suit states when another worker unknowingly served the cleaning fluid to several residents. One was 93yearold Trudy Maxwell who died within days from drinking what she thought was cranberry juice. Atria under staffed can make more of a profit. Reporter she represents the schroeder family and said she sued the facility in the past. This is a good example of having a bunch of people, this many people with dementia in one room and not enough people to keep them safe. Late this afternoon atria Senior Living issued a statement saying in part we continue working with authorities and the department of social services to fully review and assess the incident. Because people died this case gives us a major concern about what is going on. Reporter san mateo District AttorneySteve Wagstaff says his office is now reviewing whether to file criminal charges against the kitchen worker who poured the red cleaner into a juice pitcher and possibly others as well. Were going to give it a very close look to make sure that what occurred there whether or not, to find out whether it involved criminal behavior. If it did we have no tolerance for that. Reporter meanwhile Susan Schroeder is preparing to bury her father next to his wife near chaplains hill at Arlington National cemetery. Nbc bay area news. Our Investigative Unit has been on this story since the start and you can see the past reports on our website. Head to nbc bay area. Com and click on the investigations tab. It is heart stopping video. A young girl almost getting killed when a car plowed through a crosswalk in san mateo. It was captured on dash cam by dr. Hong. This happened last week at the intersection of franklin parkway. Police say a 17yearold was driving that car when it roared through the crosswalk while the lee family is walking. You see the two girls on scooters. The car hits that first scooter, narrowly missing the girl. I see a family with would two young kids similar age as mine. The first thing that comes to mind is this could have easily been me. Every time i think back to that moment my heart skips a beat. Reporter police were at the intersection today citing drivers who didnt stop for a pedestrian who happened to be an undercover cop. The lee family reportedly says the girl is okay. Police say the driver is cooperating but still faces consequences for his actions. All right. A desperate plea from the Campbell Unified School district after the death of an 8yearold boy on friday near the Elementary School near the campbell san jose border. 8yearold jacob was walking with his babysitter when a car hit them as they walked in the crosswalk. Campbell unified sent a letter to san joses mayor yesterday asking the city to prioritize crosswalks. That includes budgeting money for School Crossing guards and increasing enforcement of traffic laws in zones near schools. Police are investigating another deadly shooting in oakland this time on 580. It happened last night. Chp says the man was shot inside a van while driving. Investigators didnt find the victim until later when they found the van parked near 51st and international boulevard. Security footage along the street shows a different man parked that white van just before 10 40 last night and then walked away. Ten minutes later a dark sedan pulls up across the street. The same man appears to get out and open the door of the van before going back to the car and taking off. Investigators trying to find out who he is and if the victim was targeted. They insist we should all still feel safe on the road. If we look statistically at the number of vehicles that travel on our roadways every day against the number of these types of incidents that we have, that statistic is quite low. At this point chp is not releasing suspect information. Shootings and Violent Crimes on freeways prompted the state to approve the 200 cameras at freeway locations across the state including oakland. Those cameras are expected to come up sometime this year. For the first time in months the state is changing rules around masks in public places. The new guidelines take effect tomorrow. B. A. R. T. Leaders are meeting now to discuss whether or mott to end the mask requirements. We have the latest information that moves this forward. Reporter people we spoke with today are certainly paying attention and have strong opinions about masks on b. A. R. T. And in other settings and what theyd like to do. It is one of the lasting effects from the pandemic. Masks required on b. A. R. T. We asked riders if given the chance are they ready to ditch them . I would still prefer to keep them on. You know, in any crowded area. As long as my health is at risk ill take the precautions i need. Reporter others say it is long overdue. I didnt wear a mask unless i really had to. If i dont have to i wont. Reporter the mask requirement goes till october 1st. Now b. A. R. T. s board of directors will decide whether to end it there but allow the general manager to bring back mandates on trains under certain scenarios including if indoor mask requirements are ordered again by health officers. At this point none of the trigger events that would require a mask mandate on b. A. R. T. Exist so if the resolution is approved come october 2nd if Current Conditions maintain themselves there will not be a requirement to wear a mask on b. A. R. T. Reporter but masks would still be strongly encouraged. Dr. Peter chin hong is an Infectious Disease specialist at ucsf. My recommendation is flexibility. When the going is good we celebrate and when it is not so good we take additional protection. Reporter b. A. R. T. Has had mask policy changes before. Meantime the state is easing mask guidelines starting tomorrow instead of broad recommendations to mask indoors in public settings and businesses it will recommend mask wearing only when the Community Level is high. Christie smith nbc bay area news. Happening now the mayor is giving his final state of the city address. This is a live look in the california theater on first street where the mayor will soon be speaking. You can see right now there is a band playing. The mayor is expected to honor City Employees and community leaders. New at 6 00 a new Pilot Program in Santa Clara County that will provide a guaranteed income for unhoused students. The new program will support High School Seniors experiencing homelessness with Monthly Payments of 1,000. It is meant to offer help during transition from high school to college, trade school, or the work force. He there are currently about 2500 unhoused students in the county. The idea for the program came after the San Jose State Human Rights Institute published a report called the Silicon Valley pain indeck. The report revealed growing racial and wealth disparities along with housing and Food Insecurity among young adults. Okay. Two weeks ago, all but begging us to avoid using electricity in the early evenings. Our power grid could barely handle it during the heat wave. Tonight there is a new study in the bay area advising people to charge electric cars during the day. Thats the opposite. Is it sustainable . Does it make sense . Our Business Tech reporter scott budman plugs m to take a look. Reporter when amy gets a chance to charge her tesla, she plugs in no matter what time of day it is. It doesnt really matter. I charge any time of the day depending what my schedule is and where i end up going. Reporter now most ev owners charge at night at home but a new stanford study says it is time to change times. There is a distinct advantage in charging your vehicle during the day time. Reporter this professor says although this goes against what our recent cal iso flex alerts advised charging during the day takes advantage of Renewable Energy like solar and saves the night time grid from all the energy car charging requires. The ev use is a lot more impactful than doing your laundry or some of these other activities. Reporter there is another school of thought on this. One that says with california going toward evs to go green and cut pollution the emphasis should be on getting more evs not telling people when to charge them up. There is nothing wrong with charging it night or day. It is clean, good, the right thing to do. Scott joins us now. It is a mixed message here. On one hand you have this professor saying you really should do it during the day but cal iso says 4 00 to 9 0is when we have the most demand. Which should it be . The last gentleman wrapped it up. He said if we buy more evs well be cleaner and at some point have to realize well charge these things all day and all night whenever. What we really need to do and we talked about it a couple weeks ago is expand the power that we have on the grid. When we talk about 2035 many years out that all new cars are going to be evs were also assuming a much different infrastructure picture where the grid has to be so different. Have we heard legislation about expanding the grid to meet that demand by the time we have the 2035 . There is some legislation and there are some pressures being put and a lot of money in that recent bill to say well get more chargers, more solar panels, more incentives for people to do this. So there is the assumption but it is still an assumption we will have a much more strong, powerful grid to plug into. You can also do what people do here. They do it during the day while at work and take turns. Up next tesla owners, there is an important announcement for hundreds of thousands of vehicles. The unusual reason behind the new recall. Morend more people are dealing with bad air. The Alarming Research about wildfire smoke and air quality