One that was loaded with an extended magazine. Maureen naylor attended this afternoons News Conference and has more from the chief. Reporter the breathing just wrapped up in the last half hour. Eddie garcia identified the man who was killed as a 29yearold resident saying he has a history of convictions for illegally being in possessions of gun. That man was armed with a loaded weapon and did not comply with officers request to leave the vehicle during a stop. We want to show you video of the scene on saturday. This was after 3 pm on saturday and forced the partial closure of southbound highway 85 in an area where san jose and saratoga converge. The chief said the 29yearold suspect had been under surveillance since an incident in october and they say he backed his car into a police car and let them on a chase. This happened on saturday on highway 85 in the middle of a traffic stop. The suspect was driving the lexus suv when he turned his car over. The wanted felon did not exit the suv and his father did. When one officer went in to pull the suspect out he reached into his waistband and the suspect pulled out a handgun. A struggle started and that is when a second officer came to help and deployed a taser. Police say that didnt work and heres what the chief said happened next. The suspect continued to attempt to raise the pistol toward the officers. The suspect was also trying to grab the second officers gun as he struggled in the car. The second officer fired one shot striking the suspect. Officers pronounced the 29year old resident dead at the scene. Reporter police say the suspect was shot once and died at the scene. We now know the driver of the vehicle was the suspects father. He was not injured and was questioned the homicide detectives. The coroner has not released the identity of the 29yearold man killed. We did learn new information about the San Jose Police officer who fired that shot. He has 18 years history with Law Enforcement including 14 here was San Jose Police. He has been placed on paid administrative leave while the District Attorneys Office along with San Jose Police, homicide detectives conduct a joint criminal investigation. We will have some new details to provide tonight at 5 pm. Back to you now. Maureen naylor live in san jose. Survivors of the shooting at the gilroy garlic festival are taking legal action against event organizers. Tristan captain joining us live to tell us the victims in this case claimant not enough was done to protect attendees. That is what is at the center of this entire lawsuit that has been filed today. We also had that News Conference today in San Francisco where the attorney laid it out saying the organizers who set up the festival were negligent and essentially allowing the gunmen to enter the venue and shoot 15 people. The physical injuries were those who survived the mass shooting at the gilroy garlic festival are still healing and families are recovering emotionally as well. I was hundred the impression that things were safe and under control. And it has been hard to think that it is not. That we were safe. Feel ski some families have joined together hiring a lawyer and following a lawsuit against the gilroy garlic festival organizers. The attorney saying the festival organizers didnt do enough to keep festivalgoers safe. The attorney saying festival organizers should have had better fencing and made sure it surrounded the entire venue and there should have been guards monitoring the fence and who was coming and going ready to stop or alert authorities about the gunmen. As you read the complaint you will see that there were numerous lacks is, absolute lacks by the security at the event. Reporter so far five people shot at the festival have joined the lawsuit. A sixth has indicated she will be joining as well. The attorney saying the victims have wrecked up millions of dollars in medical bills but the primary focus is on holding festival organizers accountable. The people who run the garlic festival, i hope they plan to make Safety Measures and improvements in the future. Reporter the Gilroy Garlic Festival Association released a statement saying the lawsuit filed today stemming from a horrific act of domestic terrorism is not unexpected and we will respond to the appropriate legal channels. As a Nonprofit Organization we must remain focused on our mission, fundraising for the entire community of gilroy and the more than 150 charities that rely on us. Live in San Francisco, christien kafton. Crews in the north bay are working to make properties damaged by the kincaid fire safe for residents. Sonoma county contracted with a company for phase 1 of the cleanup and the county is paying the bill. As sarah explains homeowners are on the hook after that. Reporter Sonoma County wants to move fast. The deal was signed with a cleanup contractor on friday and crews are already out in Sonoma County to get the process started today. Phase 1 is a Hazardous Waste sweep. This part wont cost homeowners anything but it will cost the county. Sonoma county paid nrc Environmental Services 750,000 to go through each damage to property and get rid of waste that poses health risks and requires special handling and disposal. We are going parcel by parcel cleaning up toxic materials. If they see a pull shed where there were pool chemicals they will clean it up. Car batteries, propane tanks, making the property safe. Reporter the county will try to get 75 of the cost reimbursed on the state. Once phase 1 wraps phase two starts which is debris removal. Homeowners and and cheryl and insurance will have to pay for that. They will have to hire contractors. Homeowners can do the work themselves although not recommended as long as they follow environmental rules. They claimed a Health Emergency because of Hazardous Waste on burned property. An advisory was issue warning residents to not go into the burned footprint without wearing protective gear and do not begin cleanup until authorized. We will offer Technical Assistance and resources. Property owners will have to work with their insurance to get a contractor and get that cleaned up and they have to get it cleaned up safely and have soil testing done before and after to make sure the soil is safe. Reporter originally Sonoma County officials said phase 1 would take three weeks. They say they might increase the amount of crews to get it done in two weeks. In Sonoma County, ktvu fox 2 news. A london breed and two supervisors announced that they have reached an agreement on how to reform the citys Mental Health care system. The mayor along with supervisors Hillary Roman and matt haney introduced a Mental Health initiative called Mental Health sf. After introducing dueling initiative lawmakers were able to come to a compromise to create the first universal Mental Health, and substance Healthcare System in the country. If you are homeless, uninsured or on medical and have a severe mental illness, Mental Health sf will treat you. Create a plan and a path toward a stable and healthy life and guide you to stay on that path. As well the mayor and supervisors will drop competing ballot measures from the march ballot and come together on this single bond measure set for the november 2020 ballot. Once up and running the program will offer a wide variety of Services Including a team of mobile clinicians who are available 24 hours a day seven days a week. Please in San Francisco are investigating a shooting near third street in the citys bayview neighborhood. This happened at 9 20 am. One person was rushed to the hospital and there were reports of additional victims but Law Enforcement was unable to locate anyone else who had been hurt. No suspects identified in this case. There were a number of streets closed down as police investigated the scene and service was affected. Still to come, northbay fire victims have more time to fire earl file insurance claims. The Supreme Court takes up the case of dreamers. Up next we will break down the finer points of the daca case. Bay area weather has had a warmer pattern over the last couple of days. White now we are tracking a cooldown and effusive wrinkles. We will talk more about the weather patterns headed our way. This afternoon in san jose dozens of students walked out of school and rallied in support of daca. Immigration Rights Groups siren organized this event at Hillview Park part of a day of action. Similar rallies are being held across the country as a Supreme Court heard oral arguments today on the Trump Administrations plan to end the deferred action for Childhood Arrivals Program also known as daca. That program protects more than 600,000 immigrants from deportation. Cristina rendon has more on the debate and protesters hoping to protect dreamers. Reporter dozens of dreamers in washington fighting for their future. Never lose your hope, never lose your fire. Reporter daca reporters and supporters came together as the justice heard arguments on the president s decision to end daca. The California Attorney general is one of the state attorneys general fighting to keep daca in place. The federal government tried to terminate the daca program the wrong way. The daca policy was lawful and constitutional. The reason why the attorney general and the administration said that they were terminating it because it was unlawful is that they did not want to take ownership of the decisions. Reporter the Trump Administration tried phasing out daca two years ago saying the program interferes with Immigration Enforcement efforts but that action has been held up in federal courts. President trump wrote on twitter if the Supreme Court remedies were over termed, a deal will be made with them to stay. I dont know if democrats will work with it. It may be so poisoned that they dont want to give them a wound on anything. Reporter daca was created under president obama and created work permits to some undocumented immigrants. Right now protections shield 700,000 people from deportation who came to the country as children. We are fighting in our own ways so that people and our families and communities dont get left behind. We are creating pathways of opportunity that we could have never imagined when we were still living in the shadows. Reporter the courts opinion is expected next june and it could have an impact on next years president ial election. Cristina rendon, ktvu fox 2 news. For more on todays hearing we are joined by david levine, a law professor at uc hastings. The arguments today lasted 90 minutes. What can we glean from what took place at todays hearing . It looks like the conservatives will prevail in the sense that the Trump Administration may well win this round. It seemed as if the questions were leaning that way. It seems as if that what will happen. When the administration said they wanted to stop daca, it looks like the Supreme Court will probably allow that to happen. When the president announced the termination of daca he said the program is unlawful and unconstitutional and that was one of a variety of justifications at forward by the administration. I am curious if you can get a sense of whether those justifications held up for the justices and does the administration really need a rationale to wind down the program . We will have to find out. Given the president s comments he has been all over the place. He also thinks the kids are great and he said some are dangerous so he has been all over the place. On the question of legality, the original excuse for suspending daca, was attorney general sessions had said it was illegal but he never gave any full reason. Every lower court judge that has examined the question said the administration is wrong. We will find out if at the end of the day do they really need a reason or is it enough just to say the Obama Administration issued the executive order and now we will issue an executive order rescinding the program and that is what we will find out from the Supreme Court. Listening to the justices they suggested the decision to stop enforcing daca is beyond the power of courts to review. They said it is similar to what would happen if a local prosecutor chose not to prosecute cases for those who have small amounts of marijuana. The difference here is you have so many people who have registered for the program. It is roughly 800,000 across the country, 200,000 in california and there is a huge interest. These people have applied to the program and they have relied on it and it isnt quite the same as a prosecutor deciding to let one 17yearold go on a minor marijuana charge. The stakes are much higher than that. That is part of it. Underlying it is a question of whether or not the judiciary has any role to play. The administration wont say. On the one hand they think it is illegal and on the other the people who say what the law is are not to review that decision. They are talking out of both sides of the mouth. We can get a sense of which way the justices are leaning here. If in fact the high court issues a ruling and allows the administration to wind down the daca program, what is next for those 600,000 dreamers . We are looking at probably for6 months before we get a decision. What will be really important is the rationale. If the rationale is that the administration can simply change their mind, that would suggest that if and when there is a new president then the next administration could change their mind again. Another answer is that congress has to step in. If the justices say the daca program was in fact illegal and the Trump Administration was right, then the only solution will be to go to congress. We will see which way this goes. On the kids right now even if the administration winds this, any dreamer who has been registered, it is a twoyear program. If they have a chance to renew the registration now they should do so. Even if it gets wound down they will be allowed to work etc. For the remaining portion of that. The next issue will be whether they can work or whether they will be deported and they are not very likely to be deported. It is not a high priority group. It is understandable that kids are scared and we have to see what happens. Thank you so much. We are going to talk about the beautiful weather we have here in the bay area. We have nice warm temperatures and folks back east are in a deep freeze. Parts of the midwest and east coast dealing with what feels like a Winter Weather pattern. In the bay area we will start off with a National Perspective showing you the jetstream wind. There is a big ridge over us and a trough toward the midwest setting up a stormy pattern and a very cold pattern out to portions of the midwest and east coast. Right now it is 13 degrees in chicago. 32 degrees in new york city. 80 in phoenix and los angeles 66 degrees. Bay area a mixture of cloud layers. High clouds moving in from the pacific. Right now some of that hazy pattern cant mix out. The haze continues to linger across portions of the bay area and the fog is essentially capped near the immediate coastline surging back into the bay. Santa rosa a warm 70 degrees. Livermore 74. San jose checking in at 73 in San Francisco 68. Some fog near the coast and look at this dramatic shot. Looking out to the golden gate bridge, this is beautiful with the cloud deck cascading into the bay. We will talk about the depth of the marine layer. This is a very shallow marine layer. We have that area of High Pressure compressing things like a big atmospheric iron. It is flattening the cloud deck and that is what we have right now. The fog will be around near the coast tomorrow morning. Overnight lows in the 40s 250 degrees. Heres the forecast model showing cloud cover tomorrow. Partly to mostly cloudy skies in your wednesday forecast. Some fog or the immediate coastline. Look at what develops early thursday morning. Definitely some clouds and a few sprinkles heading to the bay area. A bit of a change in the weather pattern. We will let you know if we have any chance of significant rainfall in the forecast. All of that coming up in a little bit. A Bankruptcy Court has extended the deadline for some fire victims to file claims against pg e. The new deadline has been set for december 31. Those eligible for the extension are victims of fires that happened before this year. The deadline was set for october and the extension does not apply to claims unrelated to the Northern California fires. Democrats and republicans prepare for the first public hearing for the impeachment inquiry. I am ray bogan with the latest on the Party Strategies coming up. Be sure to tune in tonight for an allnew episode of the resident at 8 pm followed by empire at nine and stick around for the 10 00 and 11 00 news right here on ktvu. You know when youre at ross and your new fall look just keeps Getting Better . Check this out thats yes for less. Score a headtotoe look youll love and save 20 to 60 percent off Department Store prices. At ross. Yes for less. Blow a kiss, into the sun we need someone to lean on blow a kiss, into the sun all we need is somebody to lean on and you find a deal on cookware that makes you say. You know when youre at ross yes . Oh, yeah bring on the holidays thats yes for less. Everything you need to prep, cook and serve up the season. It feels even better when you find it for lessat ross. Yes for less. The first public hearings of the impeachment inquiry are set to take place on capitol hill tomorrow. Lawmakers plan to first question a Senior State Department official and then the top diplomat in ukraine. Ray bogan is in washington now with the latest. Less than 24 hours before the hearing both sides are strategizing on how to win over the public. President trump put out a barrage of tweets bashing the impeachment inquiry and its witnesses. He is urging people to read the transcript of his phone call and said he will release a transcript of his original april call with ukraines leader by the end of the week. He doesnt need to do this. These calls with foreign leaders are classified. It is a pretty in defense to say that on one particular phone call i did not try to bribe a Foreign Government even if i might have on another one. Reporter adam schiff sent out a memo laying out the hearings around rules. It said the chair and Ranking Member may conduct extended rounds of questioning for periods of up to nine minutes. Split evenly between the two sides. Hearing them testify and being crossexamined its power behind the statements. Reporter House Republicans are circulating their own memo sharing key points of exculpatory evidence. It notes the july 25 call summary shows no evidence of pressure and the president s have both said there was no pressure on the call. We want to attack the allegations that they are making and the specifics. There are problems with everything they are saying and they are not credible witnesses. Reporter the acting white house chief of staff has blocked the lawsuit to block a congressional subpoena for his testimony. He will rely on the president s direction and Justice DepartmentLegal Counsel opinion to justify his absence. Ray bogan, fox news. Ktvu will have uninterrupted live coverage of the hearings on ktvu plus tomorrow morning starting at 7 am. We will bring you live updates on morning sun to write here on ktvu. Jimmy carter is recovering in an atlanta hospital today after undergoing emergency surgery. A spokesperson said the surgery was to relieve pressure on his brain and likely related to two falls he had this year. His wife is at the hospital with the former president. Mr. Carter has suffered from a series of Health Problems in recent years. He is 95 years old and he will remain at Emory University hospital for observation. The fbi releases its annual report on hate crimes. Coming up next the groups most targeted across the country in the past year. A breakthrough treatment with those living with Cystic Fibrosis. How were recently approved drug is already making a huge difference for patients. It takes a village to raise to build a bridge. To throw a baseball. To throw yourself into the unknown. To lose fear, to create hope. We believe that it takes a village of over 200thousand dedicated, passionate, driven medical and nonmedical professionals to deliver on our belief in total health for all. We are kaiser permanente. Thrive. The fbi released its annual hate crimes report and found that the number of incidents decreased slightly last year after increasing over the three previous years. There were 7120 hate crimes reported last year. That is 55 w. Then 2017. Religiousbased hate crimes increased yearoveryear more than half of the incidents were targeted against jewish people and jewish institutions. Joining me now is seth brisk of the antidefamation league. Thank you for being here. First of all your reaction to the new numbers. There are some Disturbing Trends and that there are consistencies in these numbers. They are all historically high even though there was a slight decrease year upon year. Tell me what we are seeing across the country and how california fits into the mix . The numbers slightly dipped last year and the same was true with numbers coming out of california. California still ranks as the state with the most numbers of hate crimes and that is to be expected because we have more People Living in the state than other states. Similar to statistics across the country the people who are most targeted are those who are attacked upon basis of race or ethnicity and among those is africanamericans the most targeted group. Second most targeted aremen and the third most targeted our jewish people. Lets talk a little bit about what you read in the findings and what you want all of us and lawmakers to do about them. It is a sign that there is still an environment in which people feel emboldened to hate and to act on their hate. Even in the case of committing crimes. That is also borne out by the fact that last year we saw the most number of murders from hate. There were 24 murders. In 2018 we saw the massacre at the light building in pittsburgh. What is said to read in this report is a number of cases decreased but the amount of violence, there was that rise in violence. That has to be concerning. People are feeling as i said more emboldened to hate and to act out on their hatred and violent ways. What are we as a community to do when we see this report and we this increase and rise in violence. It is important for people to report hate when they see it. Dont try to make a decision for yourself as to whether or not this is a crime or not and what the motivation might be behind that crime. Report it to Law Enforcement and let them document it and decide for themselves. There is also federal registration pending called the no hate act. This would increase the trainings on hate crimes, sharing of best practices so we can do better in terms of the policymaking that needs to follow. Obviously you support that . Absolutely. Tell me why that would be important and maybe next year we might see this tied turn a little more in the number of cases decreasing further. Hate crimes are vastly underreported. There are 85 cities with a population of 100,000 or more that are not reporting any hate crimes or are reporting zero hate crimes and statistics dont bear that out. That cant be possible. That happens here in the bay area. We have municipalities in santa clara, concorde that are reporting zero hate crimes and we know that cant be possible. It is important to get a complete picture. Absolutely. The numbers we have do represent some indication of some indication in the broader trend but we wanted to have more accurate data to do an improved policy. As we wrap up, what is your message . What do you want people at home to know about what is happening and what this report reflects . People need to speak up and report to Law Enforcement and two agencies like the abl when they see hate happening. And be able to support one another. Be an ally to those targeted by hate. Thank you so much for coming in. To see the full report you can find it on our homepage, just had to www. Ktvu. Com. Last week we told you about a new drug approved by the fda that is giving new hope to People Living with Cystic Fibrosis. Patients started seeking treatment and as l thomas reports the drug is changing patients lives. Reporter summer was here at the Pulmonary Center when she found out she would be the first in the state of utah to try a new Cystic Fibrosis treatment. Now one week in she has more hope than ever. For the better part of 40 years , summer has done this. I do three different medications in a row. Reporter six times a day. Living with Cystic Fibrosis, a genetic terminal disease with no cure. I send about six hours a day on my health. You just make the best of it and do everything you can to breathe and see another day. Reporter diagnosed at 11 months old, summers parents were told she wouldnt make it past the age of 10. You are looking for the good at the end of the day. Reporter at age 40 she found Something Better than good. , trikafta. It is for 90 of the population. Reporter she was the first cf patient in utah to be prescribed these anticipated pills. One week in and it is changing her symptoms. It is hard to fathom. It basically changes my body at the cellular level. I will try not to cry. Honestly it is like a miracle. Reporter she always believed life wasnt about the breath she took but the moments that took her breath away. Now thanks to this small, white pill she could see more moments than she ever expected. In 40 years there is so much hope and i think that is what we need to celebrate. Reporter summer is just one week in that she will be back on the 21st for her first checkup. In salt lake city, fox news. Bone chilling cold is shattering records across the u. S. I am mike towbin in chicago with a look at frigid conditions. Bay area weather, a completely different story. We have temperatures in the 60s and 70s but we could track a few spangles. We will have your updated forecast coming up. A migraine hope. From aimovig. To be there for the good. And not so good. For the mundane. The aweinspiring. The heartracing. The heartbreaking. Thats what life is all about. Showing up. Unless migraine steals your chance to say. I am here. We aim to change that. With aimovig. A preventive treatment for migraine in adults. One dose, once a month. Aimovig is proven to reduce the number of monthly migraine days. For some, that number can be cut in half or more. Dont take aimovig if youre allergic to it. Allergic reactions like rash or swelling can happen hours to days after use. Common side effects include injection site reactions and constipation. It doesnt matter what each day brings. So long as you can say. I am here. Aim to be there more. Talk to your doctor about aimovig. So that early retirement we planned. Its going ok . Great. Now im spending more time with the kids. Im introducing them to crab. Crab . They love it. So, you mentioned that that money we set aside. Yeah. The kids and i want to build our own crab shack. Ahhh, youre finally building that outdoor kitchen. Yup with room for the whole gang. See how investing with a j. P. Morgan advisor can help you. Visit your local chase branch. There is a deep freeze gripping much of the country right now. Cities in texas are taking the unusual step of opening Warming Centers for those in need. The midwest is experiencing the worst. Towbin reports from a very cold chicago. Reporter the earlyseason snowfall maybe picturesque in some parts of the country. But in other areas it is treacherous and deadly. Slippery roads are causing multi car accident across the midwest. Everyones Winter Driving skills are rusty. Be extra cautious. Reporter fatalities are reported in multiple states and low visibility will continue along with possible whiteout conditions. Many motorists were caught off guard. Reporter to have a flashlight or battery operated radar . If it is not snowing it is freezing and frigid temperatures are coming all the way from siberia. Everything is freezing right now. Reporter people from new england to texas could see records. The twin cities experienced the coldest High Temperature there in three decades just 18 degrees. Chicagoans woke up to single digit temperatures tuesday and windchill below zero. For the First Time Ever the Convention Center in Downtown Dallas is being used as a Warming Center and the lines to use it are long. On nights like this. Reporter some anticipate the changing conditions. But they dont have to like it. We had our first snow last year about this time but now it is getting to be too much of a regular thing. Reporter the arctic air blast isnt expected to move into canada until thursday. In chicago, mike towbin. Fox news. Sang the frigid conditions that folks are facing on the east coast certainly makes us appreciate what we have here in the bay area which are blue skies for the most part and some really warm and comfortable temperatures as we give you a live look from the east bay looking over to San Francisco. Mark is here to tell us the warm and dry conditions stick around. Stick around for tomorrow but they will cool things off. That is all perspective. We are talking about a 10 degrees drop off. Look at this image looking across the bay. A few high clouds over San Francisco adding some character to the sky as we had into tuesday evening. Here is a look at that bitterly cold weather pattern. You can see the jet stream ushering in cool air from the north. It is 13 degrees in chicago. Even dallas 35 degrees and that is where the cold air is focused. We are on the warm side of this weather pattern. November off to a dry weather stretch. There is a chance we could have some drizzle as we head into thursday morning. Trace amounts and that is about it. In terms of significant rainfall still look strike into next week. Maybe into the end of the month we could be talking about rainfall. Forecast models going back and forth and we can tell you no significant rainfall at all in the short term forecast. Quite a few clouds setting up in the pacific. You can see some high clouds scooting into Northern California and we have dense fog having a big impact on temperatures. Half moon bay only 50 degrees. Compare that to santa rosa, 65 in santa rosa. Heres our live camera looking out to San Francisco and some clouds in the distance. Tomorrow there will be filtered sunshine in your wednesday forecast. Right now this is a map we show hundreds of times during the summer months. We have a shallow marine layer so that warm air is compressing things a bit and that is why you have dense fog at the coast near the golden gate bridge. For tomorrow morning we will start off with the same pattern and a few high clouds paying us a visit throughout the day. Mostly cloudy skies and filtered cloud cover throughout the day tomorrow. Here is the warm day of the weather pattern. This system will cool us off thursday into friday. Tomorrow the storm track is way up here. We will have a few high clouds in the wednesday outlook and this system marches closer to the coastline. Cooling things off into thursday and this could be the source of a few sprinkles early thursday morning. Once again thursday night and into friday. It is only a chance. Right now some scattered high clouds in addition to coastal fog. Some beaches have been on the cooler side. Yesterday we had a break in the fog pattern. Here is your thursday. At 5 am we could have some drizzle and a few sprinkles. You will notice the system weakening as it approaches the northcoast but it could have enough energy to send in a few extra clouds and a sprinkle early friday morning. We are talking about trace amounts. In the meantime temperatures tomorrow another round of 70s toward livermore and pleasanton. Half moon bay 60 degrees. Your five day we will continue to cool things off thursday and friday. The weekend, another warm one. Lots of sunshine saturday and sunday. We are all thinking wheres the rainfall . Its november. November 2018 wounded the first significant rainfall move in . It was november 21. Last winter it delivered. We will see what happens. A pair of is really airstrikes targeted senior Islamic Jihad commanders in gaza and syria. There are reports that the airstrikes killed the man responsible for many attacks on the Israeli Military. As we report this all comes at a politically controversial time for israel as the Prime Minister maintains a lead after two inconclusive elections. Reporter in southern israel dozens of rockets fired into the country overnight and one hitting this factory. I was 150 meters from here when i heard a huge explosion. I ran in and saw everything going on fire. Reporter the crossborder violence coming after the Israeli Military carried out a pair of airstrikes targeting senior Islamic Jihad commanders. The strike in israel killed a man who planned attacks. The Prime Minister said it was a ticking bomb. Translator israel is not interested in an escalation but we will do everything necessary to defend ourselves. Reporter the funeral has already been held and thousands of mourners urged through the streets. The leader of Islamic Jihad in gaza vowing revenge. Reporter an airstrike in damascus targeted another commander. He was not hurt but his son and granddaughter were reportedly killed in the attack. The Israeli Air Force has been targeting Islamic Jihad positions in the southern part of the gaza strip as israels Missile Defense system intercepts some rockets being fired into israel. Fox news. You want to own a piece of disney history . Now is your chance. Coming up at 4 pm a unique auctioned design for disney fans. How to take home rare memorabilia from disneyland and disney world. A deadly accident brought change to a crosswalk outside of one east bay school and while the new crosswalk makes things safer, the principle of the school said that more needs to be done. Coming up at 5 pm tonight vallejo has a new top cop. We will speak with the chief who is making history plus tell you why he says he has his work cut out for him. Disney stock up more than 1 on what is a big day for the company. Its new streaming service is up and running but not without a few glitches. Disney plus launched at 3 am and had some technical difficulty mostly with streaming and logging in. The Company Working to fix those issues. It is not clear what caused those problems but a disney spokeswoman said demand exceeded expectations. The streaming service cost seven dollars a month which is half the cost of netflix most popular plan. There is a magical auction for all of you disney enthusiasts. Rare memorabilia from disneyland and disney world are hitting the auction block. Marianne rafferty tells you how they could be yours. Reporter you can now on a piece of disney history. Van eaton galleries in los angeles is preparing to put 1500 rare items on the auction block. The history of disneyland and Walt Disney World events honors the history of the beloved parks. It does it through not only Historical Documents but signage and props from the park, cast member items, everything you can imagine. Reporter items range from a time before the theme parks opened their dates to present day. We have a file copy of the original 1953 perspective for financing on the park. We have doors from main street buildings. Haunted mansion paintings. Ride vehicles. Things as small as ashtrays from the 1950s all the way to a two carat diamond that was given away for their 60th anniversary. Reporter some iconic items include in opening day guidebook autographed a walt disney which is expected to fetch between seven and 9000. An original map of disneyland, a bronze statue of mickey mouse and anime tronic birds from the tiki room estimated to sell for between 80 and 100,000. Another doll from its a small world which will likely grab 15 to 20 grand. They bring back a lot of fond memories. Reporter if you want to own a piece that is memorable to you. The auction begins and los angeles on december 7. Marianne rafferty, fox news. Alex trebek had an emotional moment on the show yesterday. The 79yearold host made headlines this year after revealing his diagnosis of stage four syncretic cancer. Have a look at what happened last night during final jeopardy. Lets take a look at your response. Did you come up with the right one . What is we love you, alex, that is pretty kind, thank you. It will cost you 1995. You are left with five dollars. It was quite a moment. You could hear the Game Show Host getting choked up at that response from one of the contestants. That he is going back and for more treatment after the episode aired last night, we love you alex began trending immediately on social media. No surprise and we wish him the best. All fraternities shut down at one Southern California college after a student died following a frat party. Reaction from classmates and the administration. Blow a kiss, into the sun we need someone to lean on blow a kiss, into the sun all we need is somebody to lean on all the fraternities at San Diego State in diversity have been suspended following the death of a freshman. The man attended a fraternity event last week before being hospitalized and dying. We are in san diego now with more on this loss and reaction. Well keep the San Diego State community is mourning the loss of 19yearold freshman Dylan Hernandez who died after suffering an injury in his dorm room last week. Everyone would agree that he is a really good person. Reporter organ oreilly and piper grant say hernandez lived on the floor. Last night he returned to the dorm after attending an event held by the Phi Gamma Delta fraternity. Did something sing wrong when he came back . You could tell he over partied more than usual. Everyone was like make sure he is okay. Reporter the next morning hernandez was found needing immediate medical attention. I know he was on the top bunk and he felt over and cracked his skull in the middle the night. Reporter the president released a statement monday afternoon that hernandez passed away and that his family said their goodbyes late sunday night. One of my good friends came into my room and told me the news. She started crying and i sat there for a bit. I went outside later and i saw the whole floor sitting outside holding hands. It was really sad. Reporter a gofundme account has been set up describing the student from florida as outgoing and lighthearted. One mother who made a donation said i to have a freshman attending the school and my heart is breaking for dylans family and friends. San diego state has suspended 14 fraternities during the investigation into the students death. These freshmen say it is the right move. I dont know what happened at that pacific frat that i think it is for the best. I would have been upset if they didnt. Reporter the School President said all of us in the aztec family are sending our prayers and are here to support the family. Jason sloss, fox 5 news. Ktvu news app 5 starts now. The recovery may take years. The stems of the gilroy garlic festival filed a lawsuit against festival organizers. They argued organizers didnt do enough to keep the festival safe. The gunman killed three people and wounded 17 others when he opened fire in july. Good evening. Survivors took the first steps at a law firm in San Francisco. They are suing festival organizers. They say those organizers didnt do enough to protect them. Christien kafton in the city tonight and the family say festival organizers had a responsibility to protect everyone who went to the gilroy garlic festival. That is at the crux of that lawsuit filed today. In a press conference here in San Francisco today the attorney who filed that lawsuit said that the organizers of the gilroy garlic festival were negligent allowing the gunman to enter and target people inside the festival. The physical injuries those who survived the mass shooting at the gilroy garlic festival in july are still healing and families are still recovering emotionally as well. I was under the impression that all things were under control. And it has been hard to think it is not that we werent safe out there. Reporter now some of those families have joined together hiring a loyal lawyer and filing a lawsuit against the organizers. Attorney randall scarlet said festival organizers didnt do enough to keep festival goers safe. Festival organizers should have had better fencing and made sure it surrounded the entire fencing and there should have been guards monitoring the fence and who