asymptomatic and if you keep wearing a mask. it is welcome news for industries struggling with staffing shortages amid the latest covid surge. airlines, hospitals, others all dealing with massive disruptions. several states are now nearing peak pandemic level hospitalizations. new infections fueled by the highly contagious omicron variant are rising rapidly. the u.s. now averaging over 237,000 cases a day. that represents a 66% jump over the last week. cnn's senior medical correspondent elizabeth cohen is here now with more. elizabeth, some may be confused by this new cdc guidance. there's still a downforce. what does it all mean? >> first of all, people are confused because it's confusing. this guidance is extremely difficult to understand, and i think it's really going to be controversial. some people, experts i've talked to said this is right way to go, others have said, hmm, this could be problematic, especially as schools go back into session next week. let's take a look at what the cdc is saying. if you have covid-19 but you're either asymptomatic or you've had symptoms but they are getting better, the cdc says no more ten-day isolation. isolate yourself for five days and then for the five days after that wear a mask when you're around other people. now, if you are exposed, meaning a family member or someone close to you, someone who you've been near has covid, you don't have covid, but you've been exposed to it, if you've had a booster or if your second shot has been within the past six months, no quarantine. that's a big change, no quarantine, and wear a mask for ten days. now, for that -- for this one you might wonder really no quarantine. here's why. the cdc says a booster gives you 75% protection against infection with omicron, so they are basically saying why should you be out of work if your booster protects you 75%? you don't have covid. you're testing negative. you're not sick. you're 75% protected. you should go back to work. that's what the cdc is saying >> all very interesting. glad you're making it down. the cdc also lowering the prevalence of omicron. what does that mean, and what are we to take away from that? >> so, speaking of confusing or to be more specific confusion from the cdc, this one might be even worse. so the cdc throughout the pandemic has looked at genomic sequencing, what is the variant that is most prevalent? so for months it's been dealt a. we know that omicron is increasing and increasing, so let's take a look at what they said last week. they said last week, if you look at the week of december 11th through the 18th, cdc previously said 73% of new cases were omicron. i remember talking about this last week and everyone was like, oh, my gosh, 73%. that's incredible. cdc is now saying, hmm, we want to make an adjustment. it was actually only 23%, so that's obviously a huge difference. they are also saying that for the week of december 19th through the 25th, 59% of new cases were omicron, so this is way less omicron than was previously thought. you might think how did that happen? a couple of things here. these are all estimateses. this is not an exact science. remember, the cdc doesn't do genetic typing on every single case of covid-19. they do a sample and then project. it looks like their projections weren't quite right. it's important because policy decisions get made based on these estimates. jessica? >> all right. on that data. elizabeth cohen, thanks so much for breaking that down for us. you know, regardless of this new guidance many americans are still out there anxiously trying to find out if they are covid positive. there's still some major issues with access to testing across the country. cnn's layla santiago is at a testing site in miami. layla, how long is the wait for people there? >> you know, it kind of varies around what time you come, but bottom line it is hours. people have been telling us anywhere from two to three hours, and, you know, this is one of the busiest sites in miami-dade county. it is run by n ho mi health. they tell me that this site in particular, they administered nearly 9,000 tests yesterday. countywide 60,000, and let me put that in perspective for you. when you compare that to the last peak of the delta wave, that's about a 50% increase, so what does that mean? well, that means they have had to hire more workers? they have seen about a 50% increase in how many workers they have had to staff here to try to meet that demand, that increased demand in testing. they are also planning on opening more sites. they opened two new sites today and they plan to open more over the coming days and extending house, so the company that runs this tells me they expected to see an increase in demand because of the holidays, because of omicron. they just say that this is something they have never seen before. listen to what two people we talked to in line told us. >> it's way more chaotic now. everybody is speaking out, but that's like the same thing that happened right before, you know, like everybody is going everywhere about it. >> how would you? >> there's a spot by my house where i would go, i would just walk it and now that's it, and now the line extends to the next street. it's crazy. >> and, of course, this is on-site testing. when it comes to the take-home tests, jessica, the county distributed 152,000 at public libraries over a two-day period. they are now all out and have more requests in to the department of health. >> yeah. everybody wants to get access to those tests. layla santiago fours in florida, thanks so much. let's talk more about all of this. joining us now is dr. michael menna, the chief science officer for e-med. thanks for being here. i want to get your reaction to the new cdc guidance that elizabeth walked us through. do you think this was the right move at the right time? >> i think the cdc is doing everything obviously in its power to try to keep society running, so on that front i think this is a good approach, but i do believe that this is a poor approach unless we have evidence that somebody is negative at that five-day mark when they leave isolation. we have tests. we have rapid tests. the u.s. could have these in much greater numbers, and this would be a very good use for these tests to say if you go into isolation, get an isolation kit. it comes with an n-95 mask amend two rapid tests that you can use on day five and if you're negative and on the morning of day six then you leave isolation. if you're still positive and we see many people are still highly, highly positive at day five, then you stay in isolation. >> and that seems so practical and it seems like a very practical idea for all of this, but people aren't even able, and we just heard from layla, to even get their hands on a test right now if they are symptomatic or if they have been exposed. why do you think we're in this situation with testing and then for something like what you're talking about, it seems like it would be impossible at this point in time? >> the tests exists. it's for various reasons that have happened over the last two years in the united states. they have not become commonplace, but across the world these tests exist in massive numbers. the u.s. could have them, and the tests can become much more powerful than just a test used at home. the tests can be used for reporting reliably, using companies like i work for now with e-med. there's lots of different ways that we could use these tests tone able society to use them in a very powerful and profound way rather than just being plastic cassettes with paper on them in a home. the u.s. has to recognize that we can purchase them. the u.s. can build them. the government could actually build these tests. we have not done that after two years. i don't expect that we will as a government, but they do exist, and it shouldn't be a mad dash to see who gets to wall green's first each day to buy these tests. >> right, right, who can get the first shipment in. we also are starting to see a disturbing number of children who are getting sick as omicron, this variant makes its way through society. we see pediatric hospitalizations in new york city have increased fivefold in the last three weeks and in chicago the number of patients at one children's hospital has quadrupled. what do you think this is -- impact is having on children, especially as a lot of them get ready, probably most of them get ready to go back to school after the holiday break? >> i think, you know, that we're still trying to pars out is this virus causing more disease in kids, or is it just that so many more kids are getting the virus which both of them might be, but certainly the latter. many more kids are getting infected that's causing surges of pediatric -- of children going into pediatric hospitals. i think that as we look towards opening schools it's going to be pretty difficult. there's going to be a lot of -- many, many children are going to go back to school on day one, highly infectious. you know what, we can do is work as quickly as possible before kids go back to school and try to get everyone testing that is available for them to use on the first day, two or three of school so that we can limit the number of new cases that will spawn from the re-entry into -- into schools of children. >> right, and before you go, i do want to get your reaction to something wisconsin senator ron johnson said last night. we'll listen to it first. >> we all hoped and prayed that the vaccines would be 100% effective and 1,100% safe, but they are not. we now know that fully vaccinated individuals can catch covid. they can transmit covid so what's the point? >> so he's saying that vaccines mean that they are not working, but doctor, isn't the whole point vaccine is to reduce your risk of severe disease or death? >> that's right. we have to -- you know, we, unfortunately, made some blunders in our public health messaging early in the pandemic where once it started to look like maybe vaccines would stopping transmission, public health agencies came out and said that vaccines should stop transmission, but that was -- that was never what the vaccines were really targeted to do. they are doing an amazing job at stopping people from going to the hospital, period. they are not doing as well at all obviously of keeping people from being infectious so we have to separate the two. we have to say vaccines are very good at stopping people from going to the hospital and get a advantages eve. it's the best thing that you can possibly do for yourself, and then take other mitigating steps as well as getting vaccinated to ensure that transmission can be most limited, but these need to be parsed into two different outcomes. >> yeah. the vaccine, as you said, very, very effective at keeping you out of the hospital. doctor, thank you so much for joining us. we appreciate it. >> thanks. so what does omicron mean for the economy? retail sales and wall street ending the year on a very strong note, but will this new surge throw a wrench in that recovery? we're going to discuss that. plus in, a few minutes we'll hear from the parents of the 14-year-old girl who was killed when a police officer's bullet went through a dressing room wall and struck her in the chest. stay with us. s new rotisserie-style chicken, new peppercorn ranch, new hickory-smoked bacon, new- did you just spike the footlong? sorry, i didn't want the delay of game. save big. order through the app. ♪ my name is austin james. as a musician living with diabetes, fingersticks can be a real challenge. that's why i use the freestyle libre 2 system. with a painless, one-second scan i know my glucose numbers without fingersticks. now i'm managing my diabetes better and i've lowered my a1c from 8.2 to 6.7. take the mystery out of managing your diabetes and lower your a1c. now you know. try it for free at freestylelibre.us i'm jonathan lawson here to tell you about life insurance through the colonial penn program. if you're age 50 to 85, and looking to buy life insurance on a fixed budget, remember the three ps. what are the three ps? 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(excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. we all the saw the predictions that supply chain problems and covid would cause a slump for holiday shopping, but shoppers ultimately opened up their wallets driving holiday sales up 8.5%, that's according to mastercard and stock markets appear to be taking that all in stride so far. you see all three major u.s. indices spent much of the year surging ahead so let's talk through this. justin wolfers is the professor of economics and public policy at the university of michigan. great to see you right now. thanks for being with us. how do you view the economy today, and do you think omicron is going to change that in the coming weeks and months ahead? >> i -- i love to hear your optimism, and there's always room for optimism among economists. i think the good news is that like in november and early december, it really looked like the recovery was meeting along and then along came omicron, and frankly omicron reminds an enormous economic thread as well as being a public health thread so as much as we've seen a lot of optimism over recent weeks, the really big question is how much is this going to shape the economy over the next few months. there's some good public health news, of course, that hospitalizations aren't up yet, but there are really big unknowns here. part of the economy that's been struggling through the pandemic has been the service sector and omicron is going to make life even harder once again for the service sector, and the other thing that's difficult is the rest of the world is in something of an economic turmoil and omicron makes life even more difficult in many other countries where vaccination rates remain much lower. >> sure, sure. do you think now as we're kind of zooming out and getting this information from the last several weeks, do you think that we overestimated the impact of the supply chain issues on the holiday shoppingin? do you think we went too far in estimating, that or do you think that that was right? >> well, one good thing, when economists tell you to worry and then people go and worry, that can actually cause fears to resolve themselves so, you know, one of the things that we were worried about that there would be supply chain disruptions and kids wouldn't get their toys for christmas because people worried they are starting buying their toys in october and november and because that have we've had one of the longest christmas seasons that we've had and that helped, but the supply chain issues are still very much there. we've seen some inflation still in the system. we've seen various goods still quite difficult to get so i remain worried about those problems even if they weren't quite as bad as we were worried about a few weeks ago. >> potentially they could sustain as they move on, especially to your point if omicron causes people to be out sick, whatever, it could make these problems worse down the road. >> absolutely, and so this is where i think you'll want to draw a really sharp distinction about thinking between the good sector stuff and the service sector, and so the supply chain issues so far have all been about the good sector being able to get stuff across ports and being able to make enough chips and so on, but the part of the economy that remains realistic is the service sector so the holiday shopping was pretty robust, tells us something about the good sector but that omicron is coming i think is really still, you see it with airlines at the moment. you see it with retail stores being unwilling to open. you see it with the return back to work being delayed yet again for so many office buildings that the service sector really is going to continue to struggle through the new year. >> yeah. no question about that. cnn got an exclusive look at gasbuddy's prediction for a sharp rise in gas next year. their predictions saying the national average per gallon would rise to $3.41. how concerned are you about rising fuel prices? >> well, the thing about gas prices is they could rise but they could also fall. a different forecaster, the energy energy administration says gas prices are going to fall slightly over the next year. that leaves your viewers -- some people say it's going to rise and some people say it's going to fall so let me give you a little economic secret. you should never listen to any individual forecaster whether it's gasbuddy or the administration. you're always do better off by focusing on the average of lots of people so that's why i look to futures markets where there's thousands of fingers betting millions of dollars. at the moment they say gas prices will fall over the next year though rise though either remains a possibility. i'm a little bit optimistic, but i don't want to oversell that story. >> thanks for your insight. we sure do appreciate it. >> it's a pleasure. coming up, new body cam footage showing what happened before a los angeles police officer shot and killed a teenage girl in a department store dressing room. her parents are set to hold a press conference soon, and we're going to bring you that live when it happens. redible. i love the new program because the app does all the work for you. it's never too late to start. start the new year with three months free. join today at ww.com. hurry, offer ends january 3rd. what does a foster kid need from you? to be brave. to show up. for staying connected. the questions they weren't able to ask. show up for the first day of school, the last day at their current address. for the mornings when everything's wrong. for the manicure that makes everything right, for right now. show up, however you can, for the foster kids who need it most— at helpfosterchildren.com going to hear from the parents of a 14-year-old girl killed by a stray police bullet as she changed clothes in a department store dressing room. valentina orellana-peralata was hit in the chest as lapd officers opened fire on a suspect would had assaulted several customers, and we want to warn you that some of the scenes we're just about to show you are difficult to watch. just yesterday lapd released footage of the incident including the surveillance video of the suspect's attacks on customers. cnn's security correspondent josh campbell is live in los angeles. josh, this is a horrific tragedy. we now have video of the shooting. it's blurry, but obviously very disturbing. walk us through this. >> reporter: that's right. we're getting new insight, jessica, what actually transpired at that the department store last week, and this is because the lapd has released this body camera foot and, also cc-tv foot and from inside that department store showing the vantage point of the officers. showing the suspect going on a rampage throughout that department store, assaulting various customers, and, again, as you mentioned, this video is hard to watch. it is graphic. i want to show you part of that. this is the moment where the officers confront that suspect and obviously as they swept the building afterwards, they discovered a tragedy that on the other side of the suspect was this 14-year-old girl. watch? >> look out. >> slow down. slow down. >> hey, hey, back up. >> he's going to shoot. >> slow down. slow down, slow down. >> she's bleeding. >> hold on. >> shots fired, shots fired, shots fired. >> now, of course, a lot of questions being raised by that shooting, primarily the idea of an officer with a high-powered assault rifle firing inside a department store. a lot of questions raised there about whether the officer considered what might be beyond the target. it's also worth pointing out that you look at the totality of the circumstances, all this video that was announced and released by lapd, one thing is clear. these officers were arriving on the scene. they thought that there was an active shooter in progress. that's because witnesses phoned 911 saying they heard shots fired so in this video you see the officers in formation looking for that threat. they were obviously trying to help people, trying to stop a potential shooter, but as this went about, obviously we learned about this tragedy, that 14-year-old girl killed. i'm standing outside of lapd headquarters where we're about to hear for the first time since that video has been released family members of this 14-year-old girl. they will soon be gathered here with their attorneys speak out. obviously they are demanding answers. we heard from other family members. we're now going to hear from her close relatives, again, getting their reaction. we know that their attorney has said that this was not a tragedy but they want to see an independent investigation. the state attorney general's office has announced they are investigating this. that's per this new california law where any time that there is an officer-involved shooting in the state that it results in the defendant unarmed person. state investigators will review that incident, so we know that the a.j. will be looking into that, but these -- the lawyer calling on a more robust independent investigation. i want to pan over here real quickly and show you what's been set up. this is a picture of valentina, outside lapd headquarters. this is where we're expecting this press conference to begin any moment, again, listening to some of these relatives. as we await for the relatives to come out, i want to play for you the sound from valentina's uncle who spoke with media in chile, criticizing the los angeles police department, calling it an agency that's renowned around the world as professional, yet they somehow failed here, and their actions resulted in this tragedy. take a listen to this sound. are. >> they took away her american dream. they took this girl's american dream away. every fled the dressing rooms and, unfortunately, the bullet caught her while she was hugging her mom and praying. they killed her. they killed her. they are supposed to be the best police department in the world and they shot her. >> now the lapd chief has called this tragic and devastating. it will be reviewed by internal affairs at the los angeles police department. as i mentioned also by state investigators. we expect to get an update as that investigation progresses. one thing that the lapd chief was clear on, he wanted to get this video out very quickly. we're talking just days after that incident. he says for purposes of transparency. of course, we expect to hear a short time later that the family wants more. they want answers now. they don't want to wait until some investigation is complete the. they want to know why this happened to their loved one. jessica. >> truly heartbreaking. josh, we'll stand by. we'll come back to you as soon as the press conference starts. meantime, let's talk a little bit more about this case with cnn legal analyst and former federal prosecutor jennifer rogers and criminal defense attorney joey jackson. great to so both of you. we just watched that video together. jennifer, looking at that video released by police, what are your initial thoughts on this investigation and how this is playing out? >> well, jessica, obviously we've heard there are going to be multiple investigations going on. my initial thoughts, of course, without knowing all of the facts yet without having seen all of the evidence that they are still in the process of getting is that unlikely we'll see criminal charges here. criminal negligence effectively involuntary manslaughter in california is pretty hard to prove, so i just don't see from what we've seen so far will be the recklessness factor that i think is missing but, of course, we'll see lawsuits and i'm sure ultimately some sort of large settlement here because, again, it's hard to tell exactly what happened. there's more to be learned, but the notion of responding to an active shooter but the shooter didn't have a gun, you know. had they gone in more slowly, had they seen that he didn't have a weapon, have you to think that there was a possibility that they could have resolved this without gunfire at all. >> sure. joey, what about you? you're a criminal defense attorney. do you see criminal charges coming up in this? >> so, jessica, good to be with you and jennifer. i'm in accord with jennifer on that issue. i don't see criminality, but i'm very concerned with respect to what occurred. now, obviously it's easy to play monday morning quarterback. the police are in that situation. they have to assess it based upon the blood they saw at the time, based upon the call that informed their judgment with respect to whether there was an active shooter. they are in a very difficult situation and based, of course, on the person who was there attacking people with the lock and just acting in a way that puts others in danger. having said that, what i want to know is in assessing this could this life, right, with regard to both lives, right, particularly the one, the 14-year-old who was shot in her chest getting a dress, right, could that life have been saved? did there need to be the shooting? was anyone in immediate fear of death or serious bodily injury at the time of the shooting? could this de-escalation tactics have been used? were there other reasonable alternatives, so, again, these are all questions i have. i don't have the answer to them at this time, but if we can improve tactically perhaps, if we can assess what could be done and what strategically could have been, if anything better, i think that's where we need to be, because this should never happen when you're shopping for a dress and you end up dead. it's just horrifying. >> right, right, it is. jennifer, the california attorney general's office and the california department of justice are investigating this shooting. as they go through that, walk us through what they are going to be looking at in particular. >> well, they will, of course, be gathering all the evidence that they can gather, interviewing all the witnesses and looking at the surveillance footage, all of the body cam footage that they can get their hands on and then their job is to assess criminal liability, whether anybody can be charged with a crime so they will be looking at the criminal statutes and thinking about whether they can meet those elements. they are not thinking about civil liability. they are not thinking necessarily about tactical issues of the sort that joey was talking about, you know, the police department and their internal affairs bureau really should be digging into that issue as well acts inspector general. those are the folks who need to look at the same evidence and think about whether there's policies that can be changed or policies that can be followed that need to be enforced that can change the way things happen in the future, but the folks at the ag's office will be looking solely at the criminal liability here. >> got it. >> jennifer rogers and joey jackson, thanks so much. we sure do appreciate your time and we'll keep an eye on that press conference, and we'll bring it to you as it happens. in the meantime, still to come this afternoon, as 2021 wraps up, how did president biden do in his first year in office? cnn's presidential historian is here with a report card. that's next. with age comes more... get more with neutrogena® retinol pro plus. a powerful .05% retinol that's also gentle on skin. for wrinkles results in one week. neutrogena®. for people with skin. we have to be able to repair the enamel on a daily basis. with pronamel repair toothpaste, we can help actively repair enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair. johnson & johnson is the world's largest healthcare company. building a future where cancers can be cured. strokes can be reversed. joints can be 3-d printed. and there isn't one definition of what well feels like. there are millions. we're using our world to make your world a world of well. we're standing by live for this press conference in los angeles. we're going to hear from the family of 14-year-old are valentina orellana-peralata who was shot shops for a dress over the weekend. i want to go to correspondent josh campbell. we won't see josh, but we'll hear his voice. josh, walk us through what we'll hear from the family. looks like they are approaching the podium here momentarily. >> reporter: that's right, jess camp we have family members of valentina as well as attorney ben crump. we're expecting a press conference here momentarily. i'm speaking quietly because this has turned into somewhat of a memorial. you can see they have brought pictures here of this young girl. there are flowers, post, calling for justice for valentina, and as i mentioned we're standing outside of lapd headquarters. this agency obviously at the center of so many questions that this family has. they are demanding answers after this incident last week involving the fatal shooting of this 14-year-old girl. we're expecting to hear directly from the family momentarily as well as the attorney. now, there are different investigations that are under way. lapd internal affairs. the state has launched an investigation, but crump has said that he wants to see an independent investigation as well in order to try to get to exactly what happened. we know officers were responding to the department store, reports of shorts fired after a suspect had assaulted different customers inside that store but after engaging the suspect, up. officers, a round from his rifle penetrated a wall where young valentina was alongside her mother. that bullet obviously entering her. the coroner here says the cause of death was a gun shot wound to the chest. obviously just clearly a tragedy, and how we're seeing up close, you know, yesterday we got that video. you can see the officer's perspective. we're now going to hear a different perspective. we expect to hear from these family members about what the mother was going through, more about this young -- this young girl, 14 years old, who had recently come to america. her uncle said that she had come here seeking a better life and now obviously ending in tragedy just two days before christmas shot and killed by a stray bullet from one of those officers. again, we expect them here to come to the mics in just a second. can you see ben crump in the middle. he's holding hands with some of valentina's family members. he should be coming to the microphones in just a second. they are getting some of the pictures set up here. really a lot of questions that the family has about this agency, about the tactics of these officers. that's been a key question here about why a overs would use a high-powered rifle inside a location like a department store and people asking questions about whether that officer considered what was beyond his target before opening fire. it's clear that these police officers were trying to save lives. they had received reports of an active shooter in that building, but, of course, a lot of scrutiny now on this agency with the tactics of that officer. let's listen in to this press conference. this is ben c. >> erica, if you want to come over here. right behind erica there. >> okay. good morning. i'm attorney ben crump along with attorney chris o'neil. we have the pleasure of working with a great law firm in representing some very special people who you're going to hear from today. also present with us is attorney rahul pavarpudi as well as attorney paul trainor as well as attorney erica contreras and a whole team that are dedicated to making sure that we get justice for valentina. >> amen. >> amen. >> you have her aunt esther carr here, and you also have her parents who you're going to hear from, mr. juan pablo who flew in from chile, and you're going to hear from her mother so led ad who was with her praying the moment she was hit with the bullet. today the parents wanted to come and tell the world who their daughter valentina was. we will get to talk later about what things could have been done to prevent this innocent princess from being taken from this earth far too soon. they want you to know that valentina was beautiful, intelligent and had the whole word ahead of her. she made exceptional grades at an english-speaking school even though english was not her native tongue. she had dreams. her father wanted people to know about her dreams. she dreamed of being an engineer, working in technology, helping build robots to make the world a better place. she had dreams to go to a los angeles lakers game with her father and see lebron james. they talked about one day they were going to go to a laker game, but her most important dream as all of her family members have articulated was to become an american citizen, and tragically that will never happen. she was just talking to her mother today as they were going shopping, how proud she was that she had passed math and the physics exam, and her principal even contacted the parents to talk about how special she was, and we will share that with you because never should this 14-year-old little girl end up as collateral damage at a shopping plaza. they came to america from chile to get away from violence and injustice to have a better life in america. as her aunt esther says, they can't believe this happened in america, and so her mother and father are going to tell you from their heart as best they can who she was, that her life mattered. erica is going to translate. they are going to speak in spanish, and erica will translate in english, and this is very emotional, and so, please, bear with them as they bare their heart at this holiday season. and right now you're going to hear from an incredibleincredib being who i'm proud to work with, representing this family, attorney pudi. >> thank you, ben. just very briefly, rahu rahul ravi pudi. we have the privilege and honor of representing the family and today is not about what's going to happen next. today is about what the family is going through and hearing from mom and dad right now about that. as the days go on, you'll hear from ben crump, me, paul, e erica contreras and others on the legal team. thank you. >> thank you. now you're going to hear from her father who was like a best friend to his daughter, his only biological child, mr. juan pablo, and they wrote down some notes because it's just too emotional. and erica, if you want to. take the mask off when you speak. [ speaking foreign language ] [ speaking foreign language ] [ speaking foreign language ] >> and you are listening to the father of the 14-year-old girl who was killed by a stray bullet as los angeles police went into a store out there. she was trying on a dress. that is her father, juan pablo. we are going to wait on the translation to english there, and we'll, of course, bring that to you once we get that. in the meantime, i want to bring back in our cnn legal analysts, jennifer rogers and joey jackson, who are standing by, who have walked through this case a little bit with us as well. we know, joey, that this video was released today from the los angeles police department. our colleague, josh campbell, saying they wanted to get it out there quickly for transparency. but we are listening and looking at this father with utter anguish on his face. it is inconceivable to take your daughter to try on a dress and for her to end up dead at the end of that. what are you expecting as we hear from this family and as the lapd and also the authorities move through the investigation in this case? >> so, jessica, you put it absolutely right. it's inconceivable. from the family's perspective, they're heartbroken and i think what you only have in our system, right, is you have, from a civil perspective, the compensation and monetary damages, but there's a couple of components. the first component is, how do we get better? what do we learn? tactically, what could have been done better to prevent this? should the officer, obviously, not having the ability to see through the wall, the duty -- the risk perceived is the duty to find. what does that mean? is it foreseeable in the event that you're in any type of shopping, burlington coat factory or elsewhere, is there a probability that a stray bullet, right, there could be a stray bullet and someone could really, you know, befall an injury as a result of that. could you have tactically acted better? could there have been de-escalation techniques that did not amount to lethal force at the outset? i think the family, as we're looking at this press conference, is really going through all of that and saying, did this really need to happen? to your question, i think we'll see a civil lawsuit, and that civil lawsuit will be predicated on, yes, money for the family, but it also will be predicated upon improvements that could be made going forward. in addition to that, jessica, obviously, there's going to be that attorney general criminal investigation. i don't see -- at least initially, any criminal liability or responsibility at all. even predicated upon carelessness or negligence of the officers. they're in an impossible position. and i don't want to, again, second guess or monday morning quarterback them, but the issue will be, in that impossible position, could they have done anything better to preserve life, and i think that will be the focus with respect to the tactical issues involved, the civil issues involved, and the criminal issues involved will assess whether or not there was any criminality and again, to this point, i do not see that that will, you know, come out of this. i just see a civil component and that's what we're addressing here with this heartbroken and devastated family. >> right. and jennifer, i'm curious, from your perspective, this family certainly is going to ask, as joey said, it seems likely there's going to be a civil lawsuit, but also to have changes made, that the best outcome here is to make sure this doesn't happen again. who will be in charge of making sure that happens? and what kind of pressure can they put on the los angeles police department to ensure that policies are maybe changed or rethought as they move forward? >> that's a great question, jessica, because often, families demand changes, and they often don't get those changes. we've actually entered a better spot than we used to be in. used to be they had to sue and only through the court's discovery would we learn about policy problems and issues with these tactical solutions. now, there's actually more transparency. you know, lapd and other police departments, governments, have gotten better about releasing information sooner so that's a plus. but the family can demand changes if they enter into a civil settlement. they can demand action as part of that and if it's written in, it will be binding on the city and therefore the lapd. so that's one way. it's also just public pressure. i mean, going out today and keeping the pressure on the public eye through the media and elsewhere helps to pressure governments to make changes and have those changes stick, and if this happens again, then you'll see a problem with violating policies, which could lead to greater liability. so, there are different avenues, and this is the first step that we're seeing today in the press conference, and i expect to keep hearing from them about this issue. >> right. and i want to listen in. i think we're getting the translation now. let's take a listen. >> by the loss of his daughter. when he was phoned by his wife and informed on the 23rd that his daughter was shot and killed while they were shopping at the shopping center, he was in shock, and to find out later that it was the bullet of a police officer is the devastating. he had made plans to come to the united states to be with his daughter for christmas. he had purchased gifts for her christmas, and now he -- those gifts are now going to be brought to her grave because she's gone. his heart is just torn out. his daughter was very excited about the fact that she had done well in school, had gotten good grades, and they were going to celebrate that together. and now they're not going to be able to do that. also, she had great dreams of being an american citizen. she wanted to be here in the united states because this was the land of opportunity, and she was excited about that. they were going to go see the lakers. dad's a big fan of the lakers, and they had planned to go see the lakers together. and that's never going to happen now. and he found out that valentina had ordered -- asked for a skateboard for christmas, and the skateboard arrived through amazon on the 24th, the day after her death, and now it's something that she will never use and he will have to take it to the grave so she can skate with the angels. the only thing that he has left for him now is to seek justice for his daughter. he will not rest until justice for his daughter is served, and he promised her that. and all that's left for him, his only solace, is to bury his daughter now. while other families are home with their families together for christmas and new year's, he now has an empty seat and an empty home. >> just heartbreaking details there, again, from the 14-year-old's father, juan pablo, about the loss of his daughter when she was shot by a stray bullet from the los angeles police department. we're going to continue to monitor this, and you will hear more about it in the next hour. in the meantime, thank you so much for joining me today. i'm jessica dean in washington, d.c. d.c. "cnn newsroom" continues now. -- captions by vitac -- www.vitac.com ♪ hello, everyone, welcome to "cnn newsroom," i'm alisyn camerota. victor is off today. the daily covid case average has soared, upwards of 230,000 new infections a day driven by the highly infectious omicron variant. that's 66% higher than just a week ago. but hospitalizations are rising at a more gradual rate. four states hit their peak this month before starting to decline