Moment, and were going to keep an eye on the latest conditions. And paul, lets get another check from chopper 5. As you mentioned, not as much smoke as you were seeing about an hour ago when it was really thick, black smoke. We will keep an eye on the firefighting efforts. An update a little later in the newscast. San francisco is suing the federal government. The citys goal is to save laguna honda hospital and protect patients who have nowhere else to go. The centers for medicare and Medicaid Services decertified the 150yearold Skilled Nursing facility. State inspectors declared it to be in a state of substandard care. Now on september 13th, the feds will stop paying for the care of hundreds of facility residents. Andria borba on the concern that closing the hospital and transferring people could prove to be too much for some vulnerable residents. Reporter with requests for medicare and medicaid to come to the table ignored thus far, the city of San Francisco is using the Nuclear Option to keep laguna honda open in the form of not one, but two lawsuits. This is a matter of life or death. This is a last resort. We did not want to be here but we are. Reporter the first lawsuit is an effort to delay the closure of laguna honda until after the citys appeals are finished. We proposed a recertification process that would not require simultaneously kicking patients out of the hospital. It was rejected by cms. We asked for 18 months to ensure patients would be safely transfer and discharged. Rejected. We asked to phase transfers so our most vulnerable patients would be transferred last. Rejected. Reporter the second lawsuit is a class action filededes. The eborah bower. Her son suffered a traumatic brain injury and has been at laguna honda for 20 years. My son feels safe there. I dont want that taken away from him. I dont want it taken away from him or any of the other residents that i see and we wave to in the hallways. Reporter medicare has already mandated some transfers of patients out of the facility. Nine people who have been transferred have subsequently died, and medicare has paused the process. There is also struggle to find enough Skilled Nursing beds to transfer all 700 laguna honda patients into. We understand this there are some patients that need to be transferred, and we are working on that. But we cannot turn them out into the streets. That is not an option. That is not caring for the patients. Rorter threatf closing laguna honda is personal to mayor breed. Her grandmother was a dementia patient there for 14 years before she died. The nurses and the clinicians and all of the people who work there, they treat these patients like theyre their family. When my grandmother passed away, her main nurse showed up to her service. And a couple of other people who took care of her. They grieved like our family grieved. Reporter louise renning, former City Attorney who filed the patient and family class action says its unclear why both the state and feds are targeting the 700bed Skilled Nursing facility. Medicare says the care at laguna honda is substandard and will no longer fund it. The agency says deficiencies included failing to train staff to dispose of illegal drug, and failing to investigate abuse allegations. There are deficiencies in every single Skilled Nursing center and hospital in california. Because were dealing with human beings. But you take a look at the deficiencies that cms and the state department of health have pointed to. They pale in comparison to what we know, what our investigation shows goes on in other nursing facilities. But yet cms and the state department of health have chosen to throw the book at laguna honda. Why . Nobodys figured out why. Reporter the lawsuits were filed on late wednesday, and thus far there has been no response from medicaid or the state of california. In San Francisco, andria borba, kpix 5. So the citys appeal wont be heard until at least october. According to the suit, laguna honda would need until november of next year to safely transfer its patients. The other big story this evening, the Biden Administration officially declared monkeypox a Public Health emergency. That outbreak infecting more than 6600 americans nationwide, up from 1600 cases since last week. Our Elizabeth Cook following this story. Liz . Ryan, the Emergency Declaration will free up federal funds and resources to fight the virus. It comes as after california, new york, and illinois recently declared states of emergency over the disease. Bay Area Health Officials have been pressuring the feds to take more action, including increasing Monkeypox Vaccine supplies. Were prepared to take our response to the next level in addressing this virus, and we urge every american to take monkeypox seriously and to take responsibility to tackle this virus. Reporter so for more than 16,000 vaccine doses have been distributed across the United States. But San Francisco, which now has more than 424 monkeypox cases, has been facing serious vaccine supply issues. Since the citys local Health Emergency went into effect monday, long lines of people wanting the vaccine have formed outside zuckerberg San Francisco general. But today the clinic there was canceled after running out of doses late yesterday. House Speaker Nancy Pelosi issued a statement following the Biden Administrations Public Health emergency. She said in part, quote, it is encouraging that the Biden Administration is making nearly 800,000 doses of the vaccine available. But more must be done to ensure quick distribution to areas with the greatest need. Monkeypox is mostly infecting men who have sex with men, but anyone, anyone can get it because it spreads primarily through skinonskin contact. Symptoms include fever, body aches chills, fatigue, and pimplelike bumps on the body. Ryan . Thanks, liz. Coming up at 5 30, well talk more about how the National Emergency will help the bay Area Response to the monkeypox outbreak. Ucsf Infectious Disease specialist dr. Peter chinhong. We have monkeypox resources on kpix5. Com, including a away to track vaccines heading into california. From the east bay, chopper 5 over peoples park where construction on new Student Housing is on hold right now after a clash between protesters and police on wednesday. Seven people were arrested. Two officers got hurt. And now there is a debait over how Law Enforcement should handle the situation next time tensions flare there. Kpix 5s anne makovec is live with more on a new controversy over an old Law Enforcement tool. Tear gas. The Berkeley City Council was going to have an emergency meeting tonight, potentially to authorize the use of gas and pepper spray. Its been banned in berkeley since 2020. But then today, berkeleys mayor replied to a tweet about it saying im canceling the meeting. Our policy stands, and shame on the sheriff for threatening to not provide Emergency Support to berkeley. So at issue here is two different Law Enforcement agencies and different policies on the use of tear gas. The city of berkeley saying no. And i just spoke about it with the sheriff. I explained to them if youre calling us to assist with crowd control, realize that my teams are trained with the deployment of tear gas, and we bring that with us. And i know that there is an issue with tear gas in the city of berkeley. Now the Sheriffs Office did respond to peoples park yesterday. They had 16 people on scene, supporting uc police. They did not deploy any tear gas, but they brought it, because uc police do allow it. Its something that prompted the shortlived consideration in berkeley, according to mayor jesse araguin. That is why our police had requested that we consider suspending this policy that we could get the mutual resources to berkeley. What happened between the time the special emergency meeting was called and it being called off that changed your mind on this . I think what changed my mind is further reflection on whether we should prohibit this policy. Speaking to some members of the city council, getting their input. And then talking with our Police Department about what other options do we have. He said he has since spoken with the sheriff and then reassured that the Sheriffs Department will respond to the citys calls for help, tear gas in tow. The mayor is glad he has that mutual aid option in his back pocket, but he does not want the change the citys official policy, and the Sheriffs Office might stay away from the front lines at a scene. He says this tear gas option is not going to be on the table in berkeley again. Ryan . Thanks, anne. This evening, lawyers for wnba star Brittney Griner say they will appeal her conviction and sentence. Griner was sentenced to a russian penal colony for nine years. And has become a politically charged drug case that has sparked protests and pleas for her release. Cbs reporter natalie brand has more on her sentence and reaction from the white house. Natalie . Reporter and ryan, the Biden Administration is calling on russia to release griner immediately. The white house calls this sentence reprehensible, and says she shouldnt have even been on trial in the first place. I love my family. Reporter wnba star Brittney Griner told reporters she loves her family as she was led away in shackles after receiving a nineyear prison sentence on charges of cannabis possession. Her monthlong russian trial came to an end thursday morning, shortly after the twotime olympic champion delivered an apology. I never meant to hurt anybody. I never meant to put in jeopardy the rest of the population. I never meant to break any laws. Reporter griners lawyers argued the Phoenix Mercury center brought vape cartridges with cannabis oil by mistake when she flew to moscow in february to play russian basketball in the offseason. They presented written testimony from a doctor who prescribed her with cannabis for pain treatment. Griners legal fight has played out amid increased tensions between the u. S. And russia. The Biden Administration says the basketball star was wrongfully detained and has urged moscow to negotiate a prisoner swap. We have made a substantial offer to bring her and paul whelan momhome. We urge russia to accept that proposal. This is something our Security Team are focused on every single day. Reporter people familiar with the proposal say the u. S. Wants to trade griner and u. S. Citizen paul whelan, who also remains imprisoned in russia for a notorious arms trader victor bout serving a term in the u. S. The Biden Administration says it will pursue every possible avenue to bring griner and whelan home as safely as possible. There are reports that russia had made a counter proposal to add a convicted murderer to that prison swap. The u. S. Had called that a bad faith offer saying it wasnt a serious proposal. But the white house saying today theyre still talking. Theyre still in negotiations, but would not get into detail, but stress that they are working very aggressively to resolve this. In washington, im natalie brand, kpix 5. Still ahead on kpix 5, streaming on cbs news bay area, bullet holes riddle an Oakland Police car. The close call for an officer. Also, the setup protests around the country. The new charges in the botched department raid that killed Breonna Taylor. And a big plan to bring new jobs to a south bay suburb. Police in san jose have a man in custody they think is responsible for a string of pellet gun shootings in the south bay. Nicholas montoya is a cuesed of randomly firing lead pellets from a highpowered rifle. He is now in custody. Seven people were hit ranging from age 9 to 56. Six of the shootings happened in san jose, another in campbell. This was a deliberate and dangerous effort to terrorize a community. Were so grateful to san jose pd, campbell Police Department, all the investigators and attorneys who worked on the case. Reporter the Santa Clara County dolphins is charging montoya with seven counts of assault with a Deadly Weapon and assault causing great bodily injury. Well, a close call for an Oakland Police officer. Investigators were conducting Surveillance Video of an Armed Robbery suspect yesterday when bullets flew along Martin Luther king jr. Way. You can see the damage to the officers unmarked vehicle. The Police OfficersAssociation Says two people got into a gun battle on either side of the car while the officer was inside. They were not connected to the operation, but both were arrested. Thankfully, no one was hurt. Former San FranciscoDistrict Attorney chesa boudin is bowing out of running for reelection this year. He announced his decision today on twitter, saying he has plans to spend time with his family after more than three years of constant campaigning. The announcement comes after the recall from his office in june and less than a month after he was replaced by brooke jenkins, who used to work for him. Today boudin also posted a tweet some say is critical of jenkins. In his tweet it says, i have spoken to family, friends, supporters, and everyday san franciscans about how we can best continue to make our criminal Justice System fairer and more effective. I have devoted my public life to this effort because it makes our Community Stronger and safer. Four louisville Police Officers are now facing felony charges for the botched drug raid that killed Breonna Taylor in her home. Theyre accused of violating her civil rights. Cbs reporter Debra Alfarone has the story. Say her name reporter Breonna Taylors supporters joined hands and cheered. The group reacting to news that four louisville, kentucky Police Officers have been charged with civil Rights Violations in taylors death. Taylors mother said the day is overdue and painful. Yall learning what weve been seeing whats the truth, that they shouldnt have been there, and that breanna didnt deserve that. Reporter 26yearold taylor was shot to death in her own home in 2020 by officers who broke down her door, executing a search warrant. Thinking investigation has been going on urgently. Reporter announcing the federal charges, attorney general Merrick Garland said taylor should be alive today. We share, but we cannot fully imagine the grief felt by Breonna Taylors loved ones and all of those affected by the events of march 13th, 2020. Reporter one of the four charged, Brett Hankison was among the officers who fired that night. He was acquitted on state charges of wanton endangerment earlier this year. Two others are accused of falsifying the affidavit to obtain the search warrant and attempting a coverup. And fourth is charged with making false statements to investigators. Civil rights attorney ben crump. Because of Breonna Taylor, we can say this is a day that black women saw equal justice in the United States of america. Reporter taylors death fueled Racial Justice protests across the country, and the movement to hold Law Enforcement accountable. Debra alfarone, cbs news. On the fire watch, police say a fire burning close to a Solano County neighborhood was sparked from a mower. It scorched an area near hancock driver and discovery way in fairfield. That theyre reaching four alarms before it was put out. A wildfire siskiyou deputies going door to door evacuations. The yeti fire burning north of klamath nationals for, the small town of happy camp now threatened by the flames. That fire is burning near the states largest fire this year, where there is some good news on the mckinney fire. Some residents are now able to return home after mandatory evacuations. That fire is, though, blamed for four deaths, and as of this evening has burned nearly 59,000 acres. Firefig