Story he is live in san jose. Rob this was so sudden that horrifying. Yes certainly is grant im here at the grand century malls intersection story road mclaughlin avenue where this happened noon yesterday and as you said, so as a police say right now there is no evidence to suggest that this was anything other than a tragic accident, however, the restaurant where this happened had not registered with the city so it really should have been serving people in that tent outside at all. Heres more. 8 people were sent to the hospital sunday afternoon when a motorist lost control of his vehicle jumped a curb and then plowed into a tent in the parking lot outside the dynasty chinese seafood restaurant. Here at the grand century mall, dozens of people were having lunch at the time the restaurant does not have a permit to serve outdoors says the director of san joses Economic DevelopmentDepartment Nancy in this particular instance, the business did not register with us or contact us it appears the 69 yearold man behind the wheel of a toyota 4 runner may have had a medical emergency and accidentally stepped on the gas instead of the brakes. So San Jose Police officer, christian camera real you know were still looking into. You know if this gentleman had previous medical conditions, etcetera that might have caused some confusion thats all still a very fresh investigation, obviously thats going to be one of the factors that are looked at some pictures of the mall where at least one other restaurant offers Outdoor Dining say more should be done to keep people safe from passing cars and trucks i think it should it should protection you know the same day. Rather than to get a pap has a like this when Something Like behavior duty so the car we block it, you know Something Like that you know some kite the around businesses must register with the city to conduct Outdoor Dining so far 500 permits have been approved. The city has limited influence over permits on private property however, but there are many instances where the city has indeed required businesses to enhance safety says nancy kline we ask even private entities to register. And we do once they register work with them to provide same metal barricades make me specifically goes in parkland where were taking part of the parking area and blocking for now the dynasty restaurant here at the mall remains closed the tent off limits right now as this investigation there will be an investigation and at minimum the restaurant will be brought into compliance, there was no response from the management to a request for comment and before we go we should mention to you that in a related case, not a mile or more away from here few hours after this happened. Another driver lost control of a truck at the tropicana Shopping Mall as i said on the east side about a mile and a half from here plowed into a food truck. Injuring a customer lee killing one of the patrons there, although this was a slight that was a slightly different case and unrelated to this one. But for now an investigation is bound to follow here. Grant vicki back to you. All right, thank you rob fladeboe reporting live for us of the south bay meantime, a big story were following for you at 5 concerns of fire dangers this week that has pge warning of yet another possible power shut off. Pg warning it may start turning off the power in the north bay mountains and pockets of the santa cruz mountains. By wednesday afternoon, the Utility Company still monitoring the wind event thats expected to last through thursday evening or even to friday at pg is urging people to have their emergency ready to go. Over 12,000 firefighters continue to work towards containment on 14 major wildfires across the state in the bay area the glass fire. It is 95 contained and full containment is expected by october 20th, the largest wildfire in the state is the august complex fire which is burning in Mendocino County that fire of 75 . Contained all right looks like its weve got some dicey weather now for the days, yes, so strange, you know this is that beautiful weather we get this time of year. But youve thrown that offshore when the fact we havent had much in the way of rain just a drop in the bucket over the weekend and here we go were going to set the stage for for high fire danger again with those offshore winds developing High Pressure going to build in one more cold front going to drop right over the top of this ridge here once it moves by High Pressure builds into the north all of a sudden you Start Talking about the northerly wind that offshore wind. Around the bay area and its going to get gusty in spots in fact this is a long wind forecast model its going to show you some of the winds expected as we take the time and i want you to watch the colors begin to set up in parts of the north and the east bay you see some of that red begin to show up in parts the north bay, those some gusts over 30 Miles Per Hour and then as we get thursday morning, boy start to see some of purple begin to show up some fusion the color your those winds gusting over 40 Miles Per Hour across the north bay hills but certainly gusty over parts of the east bay too that going to continue probably into early on friday morning fire danger will be running extremely high. During that time. All right, thank you large today, the Senate Judiciary committee started hearings for president trumps nominee to the u. S. Supreme court. The fight over judge Amy Coney Barrett is confirmation to the Supreme Court is especially tense. Because it is happening just weeks now before the president ial election, our washington correspondent alexandra little joins us live with the details alexander. Good evening and day one of judge parents confirmation hearings focused on Opening Statements and we heard those from the senators on the Judiciary Committee and from judge barrett but over the next couple of days, well hear the senators question judge barrett on her record and her judicial views. Supporters and opponents of judge Amy Coney Barrett demonstrated while inside the Supreme Court nominee appeared before the Senate JudiciaryCommittee Democrats like senator cory booker painted a dim picture of how berets confirmation could impact the nation states may write laws. That could subject women who have miscarriages 2 investigations to ensure they didnt have abortions california senator Dianne Feinstein focused on bairds potential role in striking down the Affordable Care act to a case thats before the Supreme Court next month judge barrett youve been critical of chief Justice Roberts for his 5, 4, opinion upholding the law, although democrats say the Supreme Court seat should not be filled this close to an election republican chairman Lindsey Graham says theres no reason to delay shes been a Circuit Court judge the 7th circuit. Since 2017. She was confirmed to that position in a bipartisan with about partisan vote. She is heard hundreds of cases in that capacity for her part judge barrett promises to be impartial. I believe americans of all backgrounds deserve an independent Supreme Court that interprets our constitution and laws as they are written. And i believe i can serve my country by playing that role. The Senate Judiciary committee is expected to complete judge parents confirmation hearings on thursday and then on october 22nd, the committee will vote to advance her nomination to the full senate which will then take up and vote on her confirmation to the u. S. Supreme court live in washington alexandra limon. Thank you alexandra meantime, weve got some controversy brewing after an official ballot drop boxes were discovered in several. California counties, the state says that the boxes of course are illegal and now the California Republican party says they all those boxes kron fours dan kerman joins us now live from San Francisco with more dan youve got to be kidding. A lot going on here is you know there are plenty of counties said it especially here in the bay area that have these official registrar of voters drop boxes that each county puts up where you can drop off your ballot box well. The gop has set up some Collection Sites which are now being referred to as an official drop boxes of those some of these have been labeled as official drop boxes by the gop and california secretary of state says this is illegal and they have until thursday to remove the ice. Its not uncommon for a county to place official ballot dropoff boxes throughout its jurisdiction. Several counties in the bay area doing like these in san mateo county. But over the weekend state officials discovered an official dropoff boxes like this one in Orange County were popping up. Now californias Republican Party has said they own the boxes and now the state has issued a cease and desist order giving the cal gop until thursday to remove them an official and authorized drop boxes. Those that will confidence potentially of that ballot return option to multiple actions. That california voters get these not to rise unofficial top boxes are not allowed by state law and a Late AfternoonNews Conference california secretary of state was joined by the attorney general urging the state gop to comply with the order. I think one of the questions or concerns that comes with on off to the rise. Unofficial top boxes is ensuring that all about actually make it from that box to the count. So the state gop doesnt see it this way they dont think theres anything illegal with what theyre doing. We spoke with the head of the Republican Party in Fresno County one of the 3 counties orange la in Fresno County that had these suspect boxes he tells us that all 12 of those boxes will be removed, however, the california head of the California Republican party has made. No indication that any of the other boxes will be removed as i indicated saying they believe they are legal the attorney general says they have again until thursday to do this if not further legal action will be taken live in San Francisco. Dan kerman kron 4 news. All right dan here kron 4 were committed to helping make sure your vote counts if you experience a problem trying to cast your ballot. Let us know. Well look into it you can email us at voting problems at kron 4 dot com. Coming up on kron 4 news at 5 an update on coronavirus here in california. Why doctors say Contact Tracing is just as important as testing. And a warning from police in these bay after a bunch of armed fest the details you need to look out for. Plus baseball legend, joe morgan im looking at your mri. Your shoulder seems to be healing nicely. Im sorry baby. I dont want you to play with that. singing twinkle, twinkle little star. How i wonder what you are. How are you doing . Schedule a video visit with your doctor. Kaiser permanente. Thrive. With your doctor. Sad news tonight, Major League Baseball hall of famer, joe morgan has died at the age of 77. The charismatic second baseball in oakland, and kron fours is it that you spoke to another hall of famer from oakland who says. Was his role model on and off the field. One of more influential money coming as a young black kid in the bay playing baseball 2 kids from oakland that made it to the big leagues. That is former oakland as pitcher in Major League Baseball hall of famer, dave stewart reflecting on the life and influence of his childhood, baseball idol joe Morgan Stewart says he was in his early 20s when their lifelong friendship begin what i respect about him is that you know was a rookie in. If missed my phone call with you know was called back and giving back to the boys and girls club in his hometown of oakland is also a major part of joe morgans legacy. Thank supporters. All of will be in so its a sad day for oakland its certainly a sad day for baseball show arguably is second baseman of all time not but as a humanitarian as someone who always came back to his community and never forgot where he was from. Joe morgan started his baseball career in 1962, he retired 28 years later he was ultimately inducted into the Major League Baseball hall of fame. The second baseman was a 2 time World Champion with his primary team, the Cincinnati Reds would suit up for both the oakland as at the San Francisco giants before his career and job or gun died sunday at the age of 77 Haaziq Madyun kron 4 news. The as pay tribute to joe morgan tweeting were beyond saddened by the passing of joe morgan a trailblazer on and off the field. His impact on our sport and community will be felt for generations to come in oakland. We send our condolences to his loved ones and the baseball family. Giants president ceo larry baer release a statement saying joe had a long and distinguished career on the field in the broadcast booth and in the community and his passing leaves a hole in the unique fabric of our great game. Our condolences go out to the Morgan Family for their tremendous loss and we extend our thoughts to joes teammates his friends and all those touched by his passing. Morgan played for the giants from 81 to 82 and was the giants broadcaster from 1986 to 1993. Were learning more about how a San Francisco firefighter died last week during a Training Exercise according to a preliminary investigation, 42 yearold jason cortez was knocked over a 3rd floor railing by a water blast from a valve he had inadvertently opened during the training. The report also says the Training Exercise was shortstaffed due to covid19 safety concerns and that only one Engine Company was present when there are normally 2. Governor newsome giving an update today on californias covid19 status kron fours noelle bellow has more now on why state Officials SayContact Tracing is so important. A lot of work has been put in this place not as much attention. Perhaps is deserved governor Gavin Newsome used mondays press conference to tout the nearly 11,000 person Contact Tracing army. The state has built over the last 7 months all dedicated to making sure one positive test doesnt turn into 10 or 20 i talk to you many weeks ago about the need to get our case rate down. In our infrastructure of Contact Tracing and disease investigation up weve done that with these 10,000 plus train staff doctor mark galli says as the state continues to see thousands of positive test result today, its critical to figure out who else may be at risk. Right now 90 of covid19 tests are coming back within a 24 to 48 hour period, meaning local Health Departments are able to act more quickly. 97 of them are reporting theyre now able to reach out to potentially exposed contacts on the same day. But a positive result was received newsman galley say testing will remain critical and what follows a positive test is just as important. We want to make sure that the testing leads to something and in order to box this virus in order mitigate the spread of this virus quarantine and isolation become essential. There is still an average of 69 deaths a day due to covid19 in california. So officials are urging the public to continue mask wearing and social distancing as we head into the holidays, the state has released some updated gathering guidelines and on tuesday halloween guidelines will be announced as well in the newsroom noelle bellow kron 4 news. All right time now for 4 zone forecast as we get a live look outside from our sutro camera looking downtown San Francisco chief meteorologist Lawrence Karnow with us now lawrence we all know some of the warmest days in San Francisco every year happened in september and yeah, it certainly well see that this week this weeks going to be amazing weather wise temperatures are going to be unbelievably warm even along the coastline you can find some warm temperatures as we head through the weekend. Yeah theyre not to be much in the way of cloud cover out there well see some offshore winds maybe we see a patch or 2 of fog along the coastline tonight. I think thats it weve got nice clear skies up toward the Golden Gate Bridge beautiful out there right now and youre going to see those nice warm days and those cool nights ahead as High Pressure rats going try and take over here kind of flat red setting up right now theres one more cold front thats a roll over the top of that ridge and well watch a ridge of High Pressure start to build in winds not all that strong a word about the strong gusty offshore winds will bring the higher fire danger right now just more of a breeze out there in the afternoon the west at 9 in the San Francisco 20 in sfo intended to hayward right now but certainly we are going to notice that these numbers are on the warm side 84 degrees and san jose right now its 82 palo alto 68 in half moon bay, see the 80 degrees in oakland 81 in berkeley 78 degrees downtown San Francisco. 85 degrees nap and 86 degrees in tehran. So warm numbers already were going to be back there again for tomorrow and really for the better part of this week, mostly clear skies tonight tomorrow, plenty of sunshine going to be warm again to above normal temperatures throughout the week. Fire danger is going to be running high specially get that wednesday through friday time period that ridge really kind of taken over as it does it will bring some of those offshore gusty winds above a 1000 be the mountaintops many urban places not going to win it all it was just be sunny and warm all week long guys back to you. Still ahead a bay area man behind bars accused of sexually assaulting clients the business where police say it happened. And after the break protests, turn violent in portland ov a tense night in portland an event called Indigenous Peoples day of rage quickly escalated from demonstration to destructive protest a riot. Protesters took to the streets last night and clashed with police elise haas has reaction now from the portland mayor. Wheeler says the city is in crisis of conscience to clean up after protests and riots wheeler called last nights vandalism in the South Park Blocks a flash point describing the 300 people involved. As that if you are in our community and you are engaged in violence or criminal destruction youre not standing with us. You are opposing this. Police chief chuck lovell said Law Enforcement knew about this event ahead of time was being touted as a day of rage. It was also being touted as a non Family Friendly event. Participants were encouraged to come wearing all black with masks and live streamers journalists and photographers were encouraged not to come and threaten not to show up as well. Response to all the broken glass, the damage businesses topple the statues and gunfire downtown moving forward. Mayor wheeler said police need to contain and de escalate the violence as much as possible by making those targeted arrests. He says prosecutors need to hold these people accountable. I know that last night after people engaged in their acts of criminal destruction and violence they were bragging about it on social media and they were celebrating their victory. And i want all of those folks to wake up this morning and realize what they actually did allow demands from protesters has long been to defund the police. So far the city has spent 27 Million Dollars from the polices budget. The mayor says any further cuts will have to prove to create community safety. And protests turned deadly in denver over the weekend, a private Security Guard working for a tv news station was arrested after a shooting. The man who died was participating in what was called a patriot rally. Police say the man sprayed mace at the Security Guard and then the Security Guard shot and killed the man. The patriot rally was one of 2 taking place at the same time a counter protest called the black lives matter and t for soup drive was held in the same area. Next 5. 30 how one bay area county is being transparent in counting your ballots reassuring voters that they are safe from voter fraud. Plus an iconic San Francisco cafes vandalized then targeted in a robbery suspect still on the loose the bizarre details coming up. And just over 2 weeks since the glass fire broke out in napa and now the bay areas facing another our top story tonight at 5. 30 the bay area on alert tonight is windy dry hot conditions are expected to return in the next couple of days they live look here at the Golden Gate Bridge. It is a beautiful sight, but. When you know that any fog and when the winds come from the wrong direction it can be a bad recipe. The nasty weather is expected to return. Wednesday morning in the form of increased fire danger, the winds are going to pick up chief meteorologist Lawrence Karnow is with us now large is going to be pleasant at the beaches on the coast, but obviously of concerns there too yeah thats the thing its going to be just some of that gorgeous fall weather. We love to see its going to be sunny all the way to the ocean youre not going to see that fog. But then you get up some of the mountain tops thats where we start to talk about some of those very gusty winds. Were going to see some significant gusts will show you that morning moment right now outside you just beautiful look as High Pressure now settling in and that ridge going to amplify and that is going to change the winds of fact but seen a bit of a sea breeze thats all going to changes that ridge begins to settle in we start to talk more about northerly winds kicking in around the bay area and then you start to see some of the yellows the oranges and the red