Im dion limb. A family calling in to question whether management left elderly residence at the facility during the fire. Melanie. Reporter that lawsuit focuses on villa capris. This is cell phone footage of the home engulfed in flames during the tubs fire in santa rosa. The facility being accused of elderly abuse, negligence. We had to do something. Reporter according to the law only three Staff Members were working during the october 9th overnight shift to care for nearly 70 elderly disabled residence, including a few dozen with zplen sha in a locked unit. Allen arrived at the facility around 2 00 a. M. The morning of the fire. We asked them specifically do you have an eviction plan because we wanted to help out. And they said no they were waiting for their director. Reporter a statement from the stipulate says, kwoemt all of our facilities have an eviction plan. The claim is that at least 30 of the residence were abandoned. I didnt know how we were beginning to get everybody out of there. Reporter oakmont facility said quote, while earn in the middle of shuttling residence into a secure location a Santa Rosa Police department had disputed. We were not stopping anybody from saving lives that night. Allen helped rescue 93yearold beth. Her family took this footage of her after the fire with a broken hip, tooth and abrasions all over her body. The family alleges her injuries are due to center neglect. We dont know what the rush was. Reporter we reached out to the facility for a response to the lawsuit filed this afternoon. We have not heard back. Oakmont Senior Living says all 430 residence are accounted for safe. We also checked in with the department of social services regarding the three open inations. A Spokes Person there says upda. Melanie much appreciated. Melanie has been following the story. Weave kpiled all her reports and posted them to abc7news. Com. Today was the day for napa residence to file their removal of debris. 91 of properties debris have been removed from 40 properties so far. The jury could decide this week the fate of the defendant of Jose Inez Garcia serrate. Lyanne melendez with more. Reporter defense has argued the trigger pulled on the gun to kill kate steinle was so light it fired accidentally. Matt gonzalez asked the judge to handle the gun. He said if you want to injury someone would you fire from 9 ofeet away. The defense asked a jury to draw a conclusion based on the sequence of stills showing people hovering over the chair before serrate got there. Gonzalez was not able to finish his closing arguments this afternoon. Our arguments have tried to do the best we have for mr. Garciaserrate and well be back tomorrow. Reporter the day started with the judge telling the members of the jury dont let sympathy, bias and other factors influence your decision. While Jose Inez Garciaserrate has been charged with seconddegree murder, the jury was also told they could also consider firstdegree murder or involuntary manslaughter. A not guilty verdict is also an option. The da argumented that in fact she told the jury that garciaserrate had the gun with him all along and new pier 14 was a target rich environment full of people. She said, he, referring to the defendant had his on secret version of russian roulette. Were going to do everything we can to bring him justice. Reporter the jury could deliberate early afternoon or wednesday morning. In San Francisco, lyanne melendez, abc 7 news. Eight members of hes age jell gang faces a variety of arrests. That led to a raid saturday in santa rosa and all ten hells angel members from california and boston face charges from crimes expanding 15 years including a murder in fresno. These individuals use violence, fear and criminal behavior for their own personal gain. The indictment claims that hells angels members increased violence to maintain membership and rivals against gang members. The investigation continues. A daily City Police Officer is recovering at home tonight after suffering injuries during a pursuit. The Police Department says officer rich wood worth is a 29 year veteran of the force. He crashed on his motorcycle while pursuing two car burglaries. A short time later the two suspec suspects crashed on 280 and arrested after running to a nearby neighborhood. A coast guard expanded its certain for a boater. Take a look, abc 7, sky 7 offense overhead after rescue crews found that boat yesterday. One man was found dead near the vessel. One man still missing. Crews searched 196 square miles yesterday and this morning. The investigators believe neither man was wearing a life jacket. Investigator trying to figure out what caused a small plane to crash into a house yesterday. The owner of the house says his family was lucky no one was inside or hurt. David luey explain what the owner think help saved lives. Reporter its a neighborhood where aircraft is routinely heard and seen. But to everyones surprise a plane crashed into this house on ef listen afternoon sunday afternoon. Juan gonzalez werent at home at the time but his three grown children were. They hear the huge noise. They say what heck. What had happened and run out. They see the plane there. Reporter a san jose fire captain told abc 7 news the three people on board had reported a failure. It had just taken offer and tried to circle back. Gonzalez pointed to wood even post damaged by the crash. He believed it help reduce the speed of the plane. They left 20 minutes earlier than it happened. Yeah. They were lucky. One of these kids want to stay home, the little one say no no no lets go with us. Reporter cell phone video captures how gonzalezs daughter, two sons along with neighbors rescued the small planes occupants. There were no fire. The house has been red tagged forcing the residence of the house to seek hotel. We decided to contact the owner of the plane but we were told he left. Several but no one indicated they knew the pilot who was flying the plane that crashed. In san jose, david luey, abc 7 news. San franciscos Transportation Agency takes more than 19 million a year in revenue. Tomorrow officials may decide to give up one source of the money. Marijuana ads. Carolyn tyler with that story. Reporter the ad started appearing a few months ago now there are 130 of them on buses, streetcars and shelters promoting medical marijuana. The feedback has been vocal. People have been disturbed by seeing the ads about cannabis related material on a Public Transportation system. Reporter in january, recreational pot will become legal for adults in california. A staff report sites what it calls uncertainty in the state and local regulatory environment. Recommends a six months ban on any new marijuana ads. They are worried advertisers would influence children. Having a Transportation System that welcomes our children and families ought not to have to reflect adult use. The new state law will prohibit ads within 1,000 feet of playground and daycare centers. A moving because would present a nightmare. Ease, one of the companies advertising said a statement in part, we followed the regulations outlined by the sf mta and will also do so. Marijuana is not the first product to be targeted. We already ban alcohol and tobacco advertising. This as cannabis to the list. I think thats recently in my mind. The company says its not worried about loss revenue, because other companies will step up to take over the space. More lawsuits filed in the shooting in modern u. S. History. Now what attorneys say should have been done to prevent the attack in las vegas. Plus im tired of the bully and chief not doing his job and picking on people. Raiders running back Marshawn Lynch becomes a President Trumps target. The mayor and his mother jumping in. Showers dotted the landscape earlier today. Showers moving out and warmer weather moving in. More in the forecast. A snowstorm lives travellers out in the cold, im michael finn breaking news of a santa clara city. The court says the key provision of the order was unconstitutional. The two counties stood to lose billions of if that order was unheld. The Trump Administration says itll appeal the decision to the 9th Circuit Court or appeals. Five lawsuits filed and abc 7 news Christian Sze joins us with details. It was the deadliest mass shooting in modern u. S. History. 58 dead plus the gunman and more than 500 people injured on october 1st on the vegas strip. Today victims file lawsuits, each lawsuit claims negligence by the resorts that own mandalay bay. The lawsuit names as well as the two of the lawsuits represents groups of victims while three representing individuals from southern california. A mom shot in the head and now needs longterm care. A navy veteran who served in afghanistan and killed. A mother of four also shot dead at the concert. We are invited to those venues by people and companies, we pay to be there. One of the minimum things that we expect is to be safe. The attorney say mandalay bay should have moderned paddock better, should have warned people to keep guns out of the hotel and should not have let him use the freight elevator. Several lawsuits added to the previous lawsuits. Expected to drag on for years. Some Marshawn Lynch supporters including his mother has words for President Trump tonight. It has to do with him sitting for one anthem and standing for another. Leslie brinkley with the story. Item tired of the bully and chief not doing his job and picking on people. Hes supposed to act like the president and lead every person in this country, hes failing to do that. Reporter the twitter war started sunday in mexico city when running back Marshawn Lynch sad down through the the play of the National Anthem but stood up as the mexican anthem played. This morning trump weighed in. Disrespect, next time nfl should suspend him. Oakland mayor fired back. Oakland love lynch, lets fire trump instead. He needs to worry about his own Approval Ratings and do liz job and stop picking on American People who have the right to voice their rights. Reporter his mother tweeted, what tru team does trump own. Okay here to recap the game, talk about my wifes tweet, whatever it is. My thought is everybody should parrish back to the flag and stand at attention and, you know, thats how i feel about it. So, but it is america and everybody can make their choice. Reporter the stand off will continue there sunday as activist say they plan to take a knee to support mar shaun outside the Oakland Coliseum before the broncos game. Im leslie brinkley, abc 7 news. Getting to our weather i think spring has made a come back. Were going to get the showers out tonight. Behind the storm system temperatures are going to warm up. Thanksgiving itll be a mild one outside the region. Showing you great visibility at this hour, a dry picture, a couple of light showers today. The accuweather highlights are going to sow you, tomorrow sunnier day on the way and warmer day. That warming trend will continue even for thanksgiving day. Its dry, bright and mild. Then our next chance of rain will come saturday night with our next storm system. We do have the period of dry weather on the way. Live doppler 7 right now, were showing you action off the coast. Live doppler 7, we want to zoom in, this mounl thats trying to make its presence known in the north bay and inquiring air over head. Were expecting a mainly dry evening for most, could have a sprinkle say around santa rosa, and this system is on the way out. Camera 15, you is can see the clouds are breaking down. The showers, there were some this morning, mainly confined in the north by the way, an inch of rain coming over 3. 25 of an inch. Much less of cloverdale. And less rain than that in clear lake. The cover still overhead, you step outside it feels mild out. Still at 64 degrees in San Francisco. 65, san jose. 62 in vallejo and santa rosa. Tonight once again, not too chilly. Were going to see the cooling process gradually drop us on either side of 50 degrees. South bay somed in with the cloud cover. 12hour planer on your tuesday, a brighter day on the wind. On tuesday a break down of cloud cover. Midday the sun is back. Dry skies. A mild afternoon, 70s around the bay, inland and on the coast. Highs on your tuesday, sun shine is back. Bright day, 70, oakland. 74, san jose. Rosa. Gree shy of 70, san wednesday a heavy traffic day across santa rosa. Looking very good. To the south its warm not hot. L. A. Around 90s. The road ways should be aokay in terms of weather conditions. Accuweather sevenday forecast. Sun shine comes back on tuesday. Warmer day on wednesday continuing into thanksgiving. Thursday were dry with mild conditions. Saturday night and sunday and monday light on and off showers. Ranks a one on the storm impact scale. For the travellers were looking great for the next couple of days. Now that the rain if i season is here people are in the north bay rain had people wondering what will happen to the ground when it becomes saturated. Abc 7 News Reporter wayne freedmon with more from santa rosa. Reporter even with what reck canales remains, new questions arrive every day. Now to some of the more subtle stuff. Have you ever seen karn naj like this . No i havent. Reporter what you hear those words it speaks to the scope and the damage. Hes an adviser from the university of california. The kind of man a homeowner would love looking around the property. In the case of this burned oak its a trade off. This tree as root system grows three times the size of its diameter. Were talking maybe 100 yards across. Reporter forget that the oak is tried sap and may or may not survive long term. This could prevent landslides. Dont be hasty to cut them down. Sometimes you have oaks that grow up a bit and their trunks can be alive. Even though theyre black on the outside theyre good underneath. Reporter especially in more underdeveloped area expected for every tree removed, something will take its place. It t affects wildlife, the environment. Reporter give it a few years nature will redefine and establish balance. If a damage tree looks like it may affect a home or structure or fall or create a flood rkt you probably want to get rid of it. Get an expert opinion. If its an oak try to save it. A safari is back open tonight six weeks after the wildfires. All of the animals survived. The staff thought it important to get everybody back to work and normalcy. The animals as you can see are happy to see visitors again. Two san jose churches are offering marijuana to members. They say its for religious purposes, the city taking action. And sexual reactions to a long time t. V. Host. A lawsuit over at ts acquisition of time warner, why the justice departmen really . Really . Really . Really . Really . Really . See zero in a whole new way. Get zero down, zero deposit, zero first months payment, and zero due at signing on select volkswagen models. Now with the people first warranty. Charley rose accused. Tonight eight women have come forward in the washington post. They say they were victims unwanted sexual advances by the t. V. Host. Kylie good freeryan claims he often walked nude in front of her. Hes been suspended from c brk s this morning. Rose has sense apologized for his behavior. He added, i always thought i was pursuing shared feelings even though now i realize i was missustain. A woman who say she was 14 when alabama senator roy moore assaulted her. Spoke out for the first time on todays show this morning. Lee coifman says moore took her to her home and seduced her. He removed my clothing. He left the room and came back in wearing his white underwear and he touched me over my clothing, what was left of it. And he tried to get me to touch him as well. Moore has repeatedly denied her allegations and those of at least six other women. Korriveman says she didnt come forward before because she was worried about her children. Tens of thousands of haitian citizens from being reported. The report allows them to live and work in the u. S. The Homeland SecurityDepartment Says the program was never meant to be permanent and conditions if haiti has improved. Members of both party say that is not true. People in the program will have 18 months to return home or ply for permanent residency. Abc 7 news learned the special counsel in the Russian Investigation is looking into the department of trumps firing of the fbi director. The counsel has requested document on the dismissal. Jeff sessions say he shut down an offering in the Trump Campaign to connect people to russians ties to vladimir putin. The problem is everybody in the Department Says there had been no contact with the russians. We now know there have been 30 or 40 plus contacts theyve figured out. Either theres mass amnesia or the russians have one of those neurorisers from men in black. The president s soninlaw has asked to turn over documents by next monday. The Justice Department is suing and blocking at t merger into time warner. In a lawsuit filed in federal court in washington, the doj says the deal violates antitrust laws because at t will use its power of time warns program. It calls the suit a radical and departure from decades. Two churches in san jose offering its members marijuana are being skrcrutinized by the city. De la vega was led into one of those churches today and tells us their side of the story. Reporter inside this Valley Church youll find pews and alters and pictures of jesus and youll also find lighting up is encouraging. And just breathe in. Reporter are you a disspendry . Were a church. Youre able to come and go as you please. Show your photo id next time you come in and you can go in the back purchase product. Reporter inside theres a lobby with receptionist checking people in. They must be 18 years old. After paying donations they are ushered into a pew where a video is playing. How much did this cost . I bought a quarter for 100. Reporter no one would talk to us at the other church but it also offers cannabis. Its illegal to distribute or sell cannabis without proper permit. Whatever their followers want to smoke thats not our issue, its the dust bugs and sell coming from this disspendry. Reporter the city only laws 15 disexpenseries to operator. Since Neither Church has comment their not paying tax to the city. The city says they a judge just signed an order today demanding both churches to stop operating in ten days. In conference today, a chance to get help and give some as well. Abc 7 news was at the monument Crises Center where they hope to make thanksgiving special for a thousand families this year. Turkey and all the trimmings being sorted and bagged. Were here to make sure people in the community have a turkey for thanksgiving. Reporter this is our third year. Were flying from san diego because its important. Hes from this community so he wants to giviviv back. Monument Crisis Center will be handing out food tomorrow and wednesday. As part of it share the joy campaign, abc and disney issued a 15,000 check to San Jose Food bank. All types of families come to the food bank. They live and work here. You probably know them, but you dont know that theyre hungry. Thats something that is unique about hunger. Its an invisible problem and something a lot of people have shame about. The food bank serves 257,000 people a month. There are 5,000 collection barrels where you can still make a donation. A special visitor for people. How he helped patients at George Martin childrens hospital. They may be the nicest potential restrooms youve e Grocery Outlet is the home of wow savings. Wow means you save 50 or more. There are three stages of wow. Denial. Is this price right . Acceptance. And boooyah wait for it. Boooyah has three os. Grocery outlet bargain market assorted flavors of gourmet table talk pies are buy 1, get 1 free. Nausea, heartburn, indigestion, upset stomach, diarrhea nausea, heartburn, indigestion, upset stomach, diarrhea heres pepto bismol ah. Nausea, heartburn, indigestion, upset stomach, diarrhea sometthats when he needs the way ovicks vaporub. s sleep. Proven cough medicine. With 8 hours of vapors. So he can sleep. Vicks vaporub. Goodnight coughs. The Energy Conscious whopeople among usle . Say small actions can add up to something. Humongous. A little thing here. A little thing there. Starts to feel like a badge maybe millions can wear. Who are all these caretakers, advocates too . Turns out, its californians its me and its you. Dont stop now, its easy to add to the routine. Join Energy Upgrade california and do your thing. Abc 7 news was in san leandro today where patients at the george mark house enjoyed use from a camera. His names freddy. Hes rescued and trained to be a therapy animal. So sweet to see. New at 6 00 were gearing up for thanksgiving of course. Yesterday was another holiday that you may not know about. World toilet day. The point is to focus on a serious problem, people who have no place to go when they go to go. Jonathan bloom with a look at how San Francisco is responding. Its colorful, very very doll house ish. Reporter to the people who make their home in this park watched two houses pulled up on a truck brought disbelief. I was like no way. Reporter its not permanent but could be here more often. This is the one vision for San Franciscos pit stop program. It started two years ago after a survey of kids walking to school in the tenderloin. There were people walking in the street they had to step over people, it smelled like urine. Reporter so pit stop offers bathrooms, often portable ones with people to clean them. When someone commits a crime its very very hard for them to get a job. Its a step back into society for those who use them. They call it a throne for a reason. You feel like a king when you have a place to go to the bathroom. When you go in the woods you feel like an animal. For public works it wasnt enough to have a bathroom that look nicer. You got to bring a house to the people. Nick bow must designed this architecture. In order to make it look like a victorian house it has to look for real. Reporter inside is no porter potty. Real paper toul. Reporter its solar powered, wheelchair accessible. And the cost about 100,000 a year. Dignity is what it boils down to. Just human dignity. Reporter in San Francisco, jonathan bloom, abc 7 news. Snow storms sometimes leave trav really . Really . Really . Really . Really . Really . See zero in a whole new way. Get zero down, zero deposit, zero first months payment, and zero due at signing on select volkswagen models. Now with the people first warranty. All right, a timely reminder on the unpredictable times of our winter weather. Yeah. Some travellers called michael finny with 7 on your side to dig them out. This is a lesson for anyone with issues awith their travel agent. Theres a state program to turn to for help. Every bear from every where was there. Barbara enjoys the benefits of retirement, more trips with her grand daughter. This video from youtube was taken a week before her schedul schedul schedul scheduled departure. Looking forward to doing something different. A snow cliff left high after a volunteer week storm. Crews did what they could to leave the road open. No such luck with the train tracks and the trip had to be cancelled. This was a posting on youtube. Barbara says the company said refunds would be processed shortly which she assumed would be weeks. Weeks returned into several months. I didnt have the money to go on vacation or to do anything else. I felt like i was lefrt out in the cold. She contacted 7 on your side and we reached out to key holidays. Bar vertebra received her refund in may. But two others that called 7 on your side was delayed. It funded by travel agents by a program established back in the legislature in 1985. One viewer finally got her money back from key holidays in august. All the refunds were appreciated. Retired you live on a limited income. Youre not making the kind of mine you used to make. The number of refund that had to be processed caused theyed. We have links to more information about the travel Consumer Restitution Fund on my website go to abc7news. Com and look for 7 on your side. If you have a problem with a train ride my 7 on your side hot line open weekdays 10 00 to 2 00. And you can all reach me through facebook and on abc7news. Com. Thanks. Good news if youre going to play a turkey bowl Football Game on thanksgiving and you may be able to wear shorts. Our meteorologist with one last look at the weather. A mild holiday. Tracking a shower, making its presence known in the north bay. Live doppler 7 to the east of petaluma approaching bank ben, a light shower. This little cell approaching american companion, a sprinkle will be the exception but not the rule tonight. Wednesday, look at your travel forecast, as quiet as it gets in the weather world across the u. S. A couple of showers in the Pacific Northwest and around florida but thats it. Whether issues in the skies should be minimal on wednesday. Its dry and warm through friday, then next chance of moisture come saturday night into monday. I think its good eating weather. Perfect eating weather. But all weather is good eating weather. Well said. Thanks a lot. On to sports right. And shoe joining us. Thats right, raider fans. Despite the horrible showing in mexico city they still each weelk the raiders seem to find ways to lose game and everyone has their hand in the performance including players and coaches. The defense has struggled all season under ken northam jr. 25 yards and 67 yards rushing on the day. Turn overs killed the offense. Fullti fumble after marshawns run. Drop passes continues to be an issue. On defense, there is no pressure on the quarterback which putting too much pressure on the secondary. Guys like tom brady will slice you up for 209 yards and touch downs. The team still in the hot but changes need to be made. Were a game off the wild card page, two out of the division lead. Theres six becames left so theres hope. For me its about Going Forward with todays opportunities to get better and take it one day at a time. We love to get better and keep our wits about us, stay strong, be men of character, you know and show up and do the right thing every day and keep believing its possible. College football brice love has been named one of the three finalist for the maxwell award. Final for the maxwell award include love. The doug walker award for best running back includes love, barkley and john tailor. Love leads the conference in rushing yard. Yards per game, yards per carry. He has a record of 11 rushing touch downs over 50 yards. All this with a bomb ankle. Injured or not theres nobody catching bryce. Once he gets up to full speed, so much pride and determination thats why hes one of best College Football players youre going to see. Runner Baker Mayfield will not start sooner after making gestures on the sidelines. Big part of the heisman is sport manship and mayfield seems to be apologizing for his behavior ever week. Today he did begun. I have a lot of people supporting me. Its been hard but i cant change exactly who i am i can only be better and handle myself a lot better. Warriors coming off back to back. Kevin durant did not play yesterday against brooklyn with a book left ankles. Ill say aloha, the care bears bears opening up for the one point the bears led and the second half by as many as 18. 19 turn overs led Wichita State back in. A 14, three run and big. Sha cal drops 2 and 2 with a 90 9082 loss. With Baker Mayfield doing everything off the field this may help with the heisman trophy. He may win for the running back. But baker keeps this up he may have a chance. Are we going to bet on that too . Shes just asking the question. Shoe thank you. Join us tonight at 9 00 on coffey t. V. 13. Snebs on abc 7 news at 11 00, an Oakland Company delivering a male tailored for your dna. Coming up tonight on abc at 58 its part one of dancing with the stars fan le, followed by the good doctor at 10 00. And following its Jimmy Kimmell live. We appreciate your time im dan ashley. Im dion limb and make sure to follow us on twitter and facebook. From jim truman and mike shumann, have a good night. Honey, dont you want any bacon . Daddy says when we eat bacon, we contribute to the genocide of a very intelligent animal. When a pig can spell the word genocide, ill stop eating them. [ chuckles ] a pig could write an oped in the new york times, and you would still eat him. And i would have something to wrap up my leftovers in. Hmm. Morning, fam. You all remember jenna . Vanessa hey