Didnt see coming. Three jurors dismissed in one day and the likelihood of a mistrial suddenly very real. Its been stressful, you guys know that. Reporter friends and family members of those killed in the ghost ship warehouse fire frustrated outside the courthouse. Its been its been long, its been hard. Reporter after days of deliberation, Alameda County court judge Serena Thompson dropped a bombshell, dismissing jurors one, three, and four, without explanation, and inviting three alternates to take their places. Her instructions to the remaining jurors, do not interact with a news agency or anyone who tries to provide information. The judge issued a gag order against us we cannot talk. Sorry. Reporter attorneys for the defendants, accused of 36 counts of involuntary manslaughter, ordered to stay silent about the dismissals. The jurors dismissed from that misconduct is very unusual. Very uncommon. Reporter defense attorney brass tells us jurors might have access Information Online from the media, or from others who were not witnesses in the a common concern in high profile cases. He says, deliberations will now have to start from square one. And, with only one alternate juror left, the whole process is threatened now, this could be heading towards a retrial. Towards a mistrial. That would have to be retried. It reporter friends of the victims and the accused Still Holding out hope. What do you want out of this . Derek guilty. I still have confidence the jury will do the right thing, and get a not guilty verdict, for both max and derek. Reporter defense attorney tony brass told us if there is a conviction, jurors could make the case vulnerable to appeal down the road. In oakland, christin ayers, kpix5. Nvidia tonight of a rescue near grizzly bay in solano county, a coast guard helicopter hoisted a 66year old man to safety after he was recoissing for more than 20 hours. The man called authorities yesterday telling them his friend went out jet skiing on saturday and never returned. Crews found the victim stranded in a cabin suffering from mild hypothermia. He was taken to the hospital, and is expected to be okay. New at 11 00, San Francisco eyeing a new location for another Homeless Navigation Center. Industrial park on the waterfront, i280 in the bayview, and tonight, kpix5s joe vasquez reports some neighbors have their doubts. Reporter the city wants to build its newest Homeless Navigation Center here in the lot owned by caltrans. There does not appear to be intense opposition but not everything since a great idea. We want to know our streets can be safe. Reporter a Community Meeting tonight, neighbors of the proposed new Navigation Center had questions for city leaders. Destreet and use whatever they use. Reporter the city has proposed building a 200 bed Navigation Center at 1925, evans avenue, in an area of the bayview that has for you houses but quite a few small industrial businesses. Despite im sympathetic to the homeless, but i think it needs to be done properly. Raley on sells electrical agreement that is shop nearby, he says he does not believe city leaders when they say there stats show crime goes down around the Navigation Center. These are probably data points from skewed statistics. I do not trust that. It reporter he points out there is always ready Navigation Center in the bayview on bayshore boulevard. You will notice, orbiting the Navigation Centers are encampments come alive and not been able to take care of that. Reporter the sidewalks around the immediate vicinity of the shelter are quite clean, but just in the next block, there are People Living on the street. That said, ith rea y there fewer homelere ago. Tare spread out more. They hide out. Reporter they are not around the Navigation Center . No. Sitting by and doing nothing is not an option. Reporter supervisor Simone Walters says while the Navigation Centers will not end homelessness they will temporarily give hundreds of people access to city region sources. Mental health support, Substance Abuse services, we are fighting to make sure that we have this, so that the unhoused population has somewhere to go. Joe vasquez, kpix 5. The man accused of attacking a woman inside her condo is back in jail, now police say more victims are coming forward. 25yearold Austin Vincent was previously arrested and set free by a judge after allegedly attacking a woman in front of her building on the embarcadero. Denny vincent surrendered to police accompanied by a lawyer. He now faces new charges and at least two new investigations. In both of those incidents, the individuals and victims have come forward to us, based on mister bensons picture being put out in the media, it indicated to us, that they were victims of crimes and they believe Mister Vincent was the perpetrator. The embarcadero attack has sparked much debate over how San Francisco deals with the mentally ill on its streets. Vincent is due back in court tomorrow. Tonight, drivers allegedly involved in a series of sideshows in Contra Costa County may be facing criminal charges. The District Attorney is reviewing eight criminal cases, there were three separate sideshows on august 11 alone. The first one in martinez, moments later another one popped up in rodeo. Chp fixed wing aircraft caught a birdseye view, as one vehicle spun donuts in the middle of an intersection. The chp captured a third incident on becoming skyway between crockett and i80. In all, three drivers and three spectators were arrested and cited, all three vehicles were also impounded point in the north bay a shelter in place has been lifted after a large fire tore through a salvage yard south of santa rosa. Video from earlier today shows those huge black clouds of hazardous smoke. The blaze broke out late this afternoon inside a bus on scenic avenue. The fire then spread to several other vehicles, renting a warning to residents to stay inside. Crews were on site for hours, gawking at the scene. Governor gavin newsom has signed a landmark new bill, meant to change when an officer can use deadly force. Some people believe it wont change anything. Kpix5 maria medina is in sa jo retion to the new rule. Reporter it was described as one of the Toughest Police use of force standards in the country when first proposed. While some families still stand by that, others here in san jose say the bill is now just to watered down and would not have saved their relatives lives. The bill they have today, and what they signed today would not have prevented our loved ones from being killed. Reporter next month marks two years since ruby chavez lost her nephew after San Jose Police shot and killed him, when they say he ignored commands to put up his hands, then dropped them out of view. We are just going to try to make changes here locally. Since then she began working at the Advocacy Organization Silicon Valley debugged which at first supported and even cosponsored Assembly Bill 392. Sparked by deadly shootings of unarmed black men, including sacramento stuff on clark. He said as long as the bill stood as it was when it was first introduced we were okay with the bill. Reporter now, they no longer stand by police use of force bill. Once those changes occur, then we were okay. Reporter after major Law Enforcement agencies worked with legislative leaders to make amendments to the bill. It was very important, that a reasonable standard remain for us. And, that is what is in this llit pports what isready law. New geto the orce lreenforcem when necessary instead of reasonable. Yet, the bill still states an officer can use deadly force when they reasonably believe there is an imminent threat to he or she. The definition of necessary, as well as language that would enforce Law Enforcement to exhaust all other measures before deadly force was removed. They got this bill watered down the way they liked it and the way they wanted to see it. Rosie says for now they are focused on making changes in san jose. Thats not good enough. Reporter one of the changes rosie said she is hoping to make here in san jose is having a Mental Health expert call to the scene to help police with the escalation, in san jose the Police Union Vice president says they are actually working towards a bill to help them get more training on issues like Mental Health. At the San Jose Police department maria medina, kpix5. Planned parenthood tonight says they will give up millionsi netrumpet miration rules around abortion. The organization pulled out of the Title X Program which now forbids clinics for referring women to abortions. Title x subsidizes birth control, familyplanning services for around 4 million women nationwide. Now, experts say many smaller clinics could also opt out, and leave low income women without access to care. There are some clinics that may be completely dependent on title x, and their doors will close. This is less about womens health, and advocating for women in need, and it is more about advocating for more abortions. Reporter providers were already barred from using title x money to perform abortions. Planned parenthood will continue fighting the new rules in court. Joined michelle griego, kenny choi, and our morning team for the latest on this developing story starting at 4 30 point coming up, a thief steals a trailer with two large elephant sculptures inside. Tonight, the bay area artist during attempt to stop them. More helmet dramfo raiders wide receiver Antonio Brown, his new beef with the nfl tonight. Plus, what would you do if you came facetoface with a bear . Two teenagers terrifying encounters in tahoe. As the saying goes, it is not easy to make an elephant is a peer. One bay area artist labor of love was lost in an instant. Betty yu tells usese missing sculptures means so much. Betty . Veronica and ken, these sculptures were supposed to be installed at burning man, which begins on sunday. The artwork paid on march 2 spanish artist salvador dali. The oakland artist tells me he is heartbroken that his truck and trailer with the elephants inside are all gone. These are photos of the work that jack champion, a well known burning man artist says took him 10 months to construct. The two elephants are made of fiberglass, and all the work was done by hand. He had planned to leave yesterday for the playa. For me it is irreplaceable, it is devastating it has destroyed me. I am beside myself. I dont know where i go from here. I would like to find i would like to ask the community, if they see this, it is going to be noticeable. Champion wants the public to help him look out for the two very tall elephants, it will probably be discarded in pieces. When put together, the elephants are 32 feet tall. His tools were also in the trailer. The crime happened at 32nd and hannah streets in west oakland early sunday morning. Champion says the man broke into his 2006 silver pickup and started the engine with a screwdriver. Champion tried to stop him by hanging onto the driver side of the car. As an act of desperation i grabbed onto it, probably kind of foolish, because im kind of damaged and beat up and cant walk right now. Champion says he hung onto the car for two blocks, and is now too injured to make it to burning man this year. He says he also made a report with oakland police. Champion said last year the truck was also stolen in in oakland but he got it back after it turned up in san leandro. Thank you betty. Now to the town of chucky, where two teenagers faced off against unwanted houseguest, a bear. Two friends, Hayes Sherman and bobby harden were watching tv, in the back room of their home, when they realized the noise in the other room was not what theyll thought it was. It turned out to was a ar, surv the beast raiding the fridge, rating pints of ben jerrys and gobbling up taco meat, before getting cozy on the couch. We were trembling, we were so scared, we were shaking we could not stop shaking. We felt the shake on the door, when we were holding it. This was crazy, because it didnt look. We had to hold the door while the bear was trying to break it down a county sheriff deputy arrived to save the day, firing a nonlethal round to scare it off. The boys say they learned the hard way to always close and lock their doors, and never leave out any tempting snacks. The search is on in San Francisco tonight, for the fearless thieves who made off with a fortune in designer handbags. Two men and a woman walked into the mcm store on gary boulevard and walked out with handbags that sell for 850 and up. The lid latest robbery is one in a string of hits against Union Squares highend retailers who believe they are the work of at least one professional crime ring. A shocking start of classes on the cal state fullerton campus, a man found stabbed inside a car in one of the College Parking lots, he has not been identified, but Police Believe he is a cal state consultant. The bomb squad was brought in to investigate a backpack also found underneath the victims car, adding to this mystery. Inside the backpack was an incendiary device that was located, it was obviously not triggered nor set off. Also inside the back pack were items that one would use to potential used to kidnap somebody. As well as a weapon that was similar to the weapon we believe was used in the actual homicide. Police are looking for a man dressed all in black seen running from the area, officers say they do not believe this was a random attack. Tonight a group of facebook users is suing the site for dissemination claiming they lost out on housing because of targeted advertising. The suit filed in the San Francisco federal court is the latest backlash against facebook for allowing companies to target housing ads based on demographic data. Facebook has already faced federal charges of violating the fair housing act. The site now says it is ending the practice. In a statement, facebook said quote discrimination has no place on our platform, and we have already made major changes to the way housing ads are run on facebook. Heres a look at the number of stocks, utility plunged more than 25 percent, this all comes after a judge ruled that a jury can decide if pg e is responsible for the 2017 tubs fire even though investigators say pg e was pg e equipment was not responsible for the blaze, the move opens the door for fire victims to pursue claims against the company, the utility could face up to eight teen billion dollars in damages. Wildfires that had the north bay the past couple of years destroyed homes and property, and were deadly. The raging wind and whipping flames, many people simply could not get out in time. Others, who were elderly or disabled became trapped in their own homes, because the power went out and they cannot get their garage door open, to use their car at a state. I was never ever going to outrun the fire. The state has stepped in in an effort to save lives and help people escape the coming danger of wildfires but the solution comes with a cost. A new law is catching some homeowners off guard. Watch our original report, fire ready garage is tomorrow night on the new kp brandnew Elementary School opened its doors to students in Mountain View today, with a backup generator, just to keep the lights on. The newly built Jose Antonio Vargas Elementary School is still off the grid and unable to use its elevator second floor classrooms, because a trench cut by pg andy runs through private property. The owners are refusing to let the line run through. Thats unfortunate. I wish the power was up on the first day of school. By code, we have to make sure that we have constant power to run the elevator, the generator does not suffice as a constant power stream. The school is paying 35,000 each month for the use of the generator. While pg e searches for a new path to plug them in. Done tonight when east bay city has been ranked the safest city in the entire state to raise a child. According to a report by Home Security company safe lies, san ramon takes the top spot in california. Number seven in the nation. In all, 14 california cities made the top 50 nationwide list. Pleasanton came in at number 30, sunnyvale 47, the rankings are based on the number of violent crimes, sex offenders per capita, and graduation rates. You cant beat the weather in the bay area right now, cooled off from last week paul. If you didnt like the heat it feels good, breezy a little cloudy near the water, that trend continues for 24 more hours, warming up once again. Livermore, 58 degrees currently, santa rosa also 58, 63 in concord, 62 in oakland, 50s tonight, last week 68, 65 with no wind whatsoever, different weather pattern right now, i will explain why coming up in a second. Fremont, your low tonight is 59, kids heading off to school in napa tomorrow, 56 degrees thats the cool stuff it has been a very warm august i checked the numbers earlier today, santa rosa, august 1 through the 18th, this is the warmest we have ever been to start the month of august, so far ahead im pretty confident this will be a recordsetting august. The highest temperature since 1902 in the city city of santa rosa. In the next 24 hours it is all about the childress pattern looks like something we would remember, lowpressure area as it is stronger, the feet from the ocean is stronger, Ocean Temperatures has been the same as last week the air temperature the same as last week but we did not have that push last week to get the air over the bay area, so we baked, 108 degrees in fairfield, now we do have that push, and it comes as chilly and cloudy throughout the day, but that low is only going to hang out for one more day, we have significant changes coming as soon as wednesday which will last into the weekend tomorrow morning, lots of clouds with that push from the ocean, even when we get the sunshine, temperatures will still be running 5 to 7 degrees cooler than average, notice a lot less cloud cover on wednesday morning because that push will not be strong. We will have some clouds out but we are looking at temperatures rising by seven or 8 degrees as soon as wednesday. Tomorrow, morning clouds afternoon sunshine 78, how about 85 on wednesday, likely 87 degrees by thursday. Not the hot stuff we had last week but we will warm up above average, those temperatures will rise by wednesday afternoon. Tonight and tomorrow, it is all about widespread fog and low cloud cover and continued cooler temperatures. Fremont tomorrow morning clouds for you, sunshine in the afternoon, 74, vallejo, 78 fairfield 84, santa rosa right around 80 degrees, 71 for oakland, pacifica 64, seven cisco 67 degrees. Then we warm up, not crazy hot, not like last week double digits but we will be one. 90s in the 70s near the bay, 60 still along the coast, that will last all the way through the weekend into early next week. Mary lee and emily turner will have the latest on weather and traffic five hours from now, starting at 4 30. They get up early. We will be asleep. Up watching . I want to hear a report. Still ahead, why steph curry is not getting a lot of love from another nba rookie. Here are tonights guest on the late show with shopping for backpacks. A . Thats yes for less. Ross has the brands you want for back to school. And it feels even better when you find them for less. At ross. Yes for less. And you score the you knperfect outfit . At ross ooooohhhh test treat 20 t60 percent off Specialty Store prices. s drug warriors superstar steph curry may be a fan favorite, when it comes to rookies in the business, he is far from it. According to the leagues new rookie survey for the year, neither of them selected curry as a favorite player, the assessment asked them questions about the draft and transition to sessional ball playing but when asked about favorite players, athletes like Kevin Durant Lebron james and Damien Lillard all received high marks. Steph getting dissed by the rookies. The bigger story for stuff today, he paid Howard University to support and bring back their golf program for the next six years. Thats a good deal. Mens and womens, go steph curry. Jimmy garoppolo is back. Alright, so this is how its gonna go down. You are gonna say youll get the best deal of the year on xfinity tv and internet and you even get this. Mike, youre on balloons. Sarah, youre gonna high five everybody. Ben, youre gonna be wowing them with your dance moves. Dont miss the xfinity best deal of the year. Now thats simple, easy, awesome. Get amazing tv and internet during our best deal of the year with huge savings of 600 over two years. Plus a speed upgrade to 400 megs, free for 2 years. And ask about even more savings with xfinity mobile. Click, call, or visit a store today. Your sleep number setting. Est comfort onh sider on the can it help us fall asleep faster . Yes, by gently warming your feet. But can it help keep us asleep . Absolutely, it intelligently senses your catiy adto keep you both effortlessly comfortable. So you can really promise better sleep. Not promise. Prove. And now, all beds are on sale save 50 on the 360 sleep Number Limited Edition smart bed. Plus 0 interest for 24 months on all beds. Only for a limited time. A magical place. Thats lookin to get scared halloween time is back in disneyland and disney california Adventure Parks . Jimmy garoppolo played in a game for the first time in almost 2 years. To say he was rusty was an understatement. My elbows. No yellow brick road for jimmy g tonight in denver, opening drive, daly misses a block, jimmy feeling the heat picked off near midfield. He would play two more serious. So, the next drive, heres the backside pressure this time. This should have been a pick six. Grappa low, no yards when it is section, zero quarterback rating not good, chubb was unlikable, seated battered 49ers got the ball back, but, you get the idea. Now, back to that yellow brick those are taking it all the way to oz, six 2415, 20 but quick somebody get the oil can for jimmy g. Its something i havent done in a year obviously, got to knock the rust off, thankfully we have a short week so we can bounce back quickly but its the first step of getting back into it. I think you got hit as the ball was going because it came out weird, not the best way to start with the ball but we couldnt protect long enough, went out on the third series, that 16 led to third and 16, and the game was over before it started. He the tin man didnt have a heart, Antonio Brown still does not have a helmet. Today, brown filed another grievance with the nfl, doesnt sound like the raiders or browns agent are on the same page. It is time for him to be all in or all out. I am not sure that we agree that we have exhausted all of the options, as mike maddox said, but, there is no doubt it is still an ongoing process. We are trying to work with team and the league and the union to come up with the solution. Brown was back with the team today i am guessing, pretty sure that he will be there, september 9, when the raiders play monday night football against the broncos. You know why . Their first game, thats when the player start getting there paychecks. I think Antonio Brown gets shown to the fans and then the Antonio Brown coach gruden knows. You better hope so, raider fans better hope so. If he plays hes the best in the game. If he does not he gets trouble. He choosing my Car Insurance was the easiest decision ever. I switched to geico and saved hundreds. Thats a win. But its not the only reason i switched. Geicos a company i can trust, with over 75 years of t vings. Now thats a winwin. Switch to geico. Its a winwin. The late show with Stephen Colbert is up next. Next newscast is tomorrow morning at 4 30, we will see you then, good night. 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