In the middle the of the day. The sheer brutality and the shear disregard for two things Clark County District Attorney Steve Wolfson is looking at while considering the Death Penalty for 34 year old pedro garcia. Police say on sunday garcia walked into the starbucks at warm springs and rainbow after his card was declined in the drive thru. Witnesses said he fired two shots in the air and then shot and killed alexander khutsishvili a customer in the coffee shop. So many of us visit starbucks and all we want to do is get a cup of coffee or a cold drink so for this to happen in the middle of the day, thats pretty unusual another reason why prosecutors are considering the Death Penalty garcias criminal history. Hes been charged with battery and burglary in the past. A persons criminal history has a direct bearing on how we treat a case and how we should expect a resolution wolfon told me a decision on the Death Penalty four to six weeks. And its a decision he doesnt take lightly. I consider this to be one of the most important, difficult decisions to make because there is so much at stake. We still have the Death Penalty as a law in nevada, and as long as it remains the law in nevada, my obligation is consider it in appropraite cases in five weeks garcia is scheduled to appear in court where the prosecution will lay out all of their evidence. Two people have been added to the list of legislators who will have a say in bringing an nfl stadium to las vegas. Early this morning the Clark County Commission appointed a former assemblywoman and local businessman. To fill Vacant Assembly seats for the upcoming special session. Fox5s Abby Theodros got a chance to talk to the governor about the latest developments in the stadium propsal today she joins us live with more. Im standing at russell near i15 at one of the two final locations for a possible stadium. Governor sandoval is still hashing out the details on when the special session is happening but he tells me hes confident with the proposal and how things are shaping up governor sandoval in Southern Nevada today celebrating the grand opening of ainsworth gaming. But the raiders were the talk of the town announcer i have to ask, since we have three nfl inaudible on the stage, whats your thought on the raiders . Sandoval didnt respond to that question but in an interview with fox5 he was Crystal Clear gov sandoval with regards to the stadium this is a great opportunity for us an opportunity with a 1. 9 billion dollar price tag. 750 million coming from a hotel room tax. Gov sandoval the money thats invested through the room tax will flow through the stadium and create sales tax and modified biz tax which will in turn go to a fund that will benefit education. Now its on to carson city. Two new law makers joined the ranks of legislators stadium. Sisolak we had some applicants and we thoroughly vetted them. And congrats to the folks that we selected former democratic assemblywoman Stephanie Smith for district one. She declined an interview but fox5 talked with Marylin Kirkpatrick who says she was drawn to smiths experience. Republican businessman Kyle Stephens is representing susan bragers district five. Sisolak theyre basically care takers for a month and a half here in nov and then theyll be out of office. Sisolak were confident that we selected the right people. Governor sandoval says hopefully sometime between october 8 and the 13th. Of course stadium supporters need a two thirds vote in both houses to riase the room tax 42 legislators if passed stadium supporters plan to pitch the deal to nfl owners ahead of a potential Team Relocation vote. Lights wont be flickering this weekend when fifteen strip properties say goodbye to nv energy. Wynn resorts will start buying electricity privately tomorrow. The move comes after a yearlong effort to unplug from the states leading energy provider. The two Casino Companies represent about six percent of nv energys customer base. Wynn and mgm companies were required to pay a one hundred Million Dollar exit fee. To make sure Nv Energy Customers wouldnt see higher rates. And also happening this weekend. Station casinos officially takes over the palms on saturday. The Parent Company red rock resorts bought out the palms for more than three hundred and twelve Million Dollars back in may. Station casino officals say they have big plans to reinvest in the property. They plan to bring new offerings over the next year. The event recorder has been recovered from the commuter train that crashed in hoboken, new jersey. The National Transporation safety board says it will spend the next 710 days pulling that information and investigating the scene to determine exactly what happened. Karin caifa joins us now from hoboken with more. Searching for answers into why new Jersey Transit train 1614 never slowed down before crashing into the Hoboken Terminal at 8 45am thursday morning. The crash killed one woman waiting on the platorm. And injured more than 100 others. The ntsb beleives some clues could be found in the trains two event recorders one of which was pulled last night. But it will take some time to recover the second one. bella dinhzarr, right now its a very unsafe situation theres a canopy that is resting on top of the train. Once thats removed well be able to look more closely at this train. The ntsb is looking into all possible factors that could have led to the crash. bella dinhzarr, vice chairman, ntsb we are looking into every aspect of it. We like to say we look at the man, the machine, and the environment commutors who survived and witnessed the crash describe the chatoic scene. mos at the end of every track theres a bumper, a steel bumper, it went right through the bumper and right onto the platform mos there was just this impact, and it sounded like an were stunned. The engineer of the train has been identified as 48 yearold Thomas Gallagher an employee of new Jersey Transit for 29 years. Gallagher was treated for his injuries and released from a local hospital. The mayor of hoboken, dawn zimmer, prasied the police, first responders, and Fire Fighters and her citizens. mayor dawn zimmer hoboken, new jersey obviously while this was a tragedy, a major concern for our community, we also are proud, im very proud of how our Community Came together to help one another once again through another tragedy. In hoboken, new jersey, im karin caifa. New Jersey TransitService Remains suspended indefinitely in and out of the terminal this morning. The ntsb says contractors have to remove debris from the top of the train before investigators can enter certain passenger cars. First responders are are feeling the heat in the kitchen that is. Theyre flipping pancakes and waiting tables. All for a good cause. And who wouldnt love some extra cash before a vacation . How one company is proving that personal life is just as important as work life. And newspapers their president ial endorsements. But playing favorites isnt making one candidate so happy. Youre watching fox5 news at 5. Im Catherine Cortez masto and i approve this message. Theyre bringing drugs, theyre bringing crime, theyre rapists. Narrator and joe heck says i have high hopes well see donald trump become president. I dont know what i said, aah. Narrator heck says he completely supports trump. Uld bomb the [bleep] out of them. Narrator and heck . Reporter you trust him having his finger on the Nuclear Button . Heck i do. Reporter why do you say that . Heck why wouldnt i . Narrator donald trump and joe heck. Coming up for nevada voters who want their sample ballots by email instead of regular mail. Nearly 11 thousand voters have already chosen to recieve their sample ballots electronically. That should save taxpayers about fifteen thousand dollars in printing and postage costs. You can sign up on the countys website until october eighth. Libertarian president ial nominee gary johnson gets his second newspaper endorsement in two days. The Chicago Tribune on friday announced its support calling johnson practical, agle and experienced. The paper said johnson offers an agenda that appeals not only to the tribunes principles but to those of the Many Americans who say they are socially tolerant but fiscally responsible. Suggested that both trump and clinton have appealed to voters whose beliefs are not in the best interest of all americans. The detroit news endorsed the former new mexico governor on thursday admitting that backing him is the longest of long shots. Donald trump took to twitter early this morning to lash out against newspaper endorsements for hillary clinton. Usa today. The Arizona Republic and the Dallas Morning News are recent publications that have rejected trump. The Arizona Republic. Founded endorsed a democrat over a republican for endorsed a democrat over a republican for president until now. The paper received Death Threats and countless cancellations for its endorsement. In trumps tweet today he praised his supporters for canceling their subscriptions. Calling them. Smart. A new report shows the number of hate crimes in Los Angeles County has gone up. Especially attacks on muslims. Foxs mario closed captioning closed captioning will resume shortly closed captioning will resume shortly the loma fire burning in the Santa Cruz Mountains is spreading. And folks who live in the area are more worried than ever. At a packed house at a Community Meeting on the blaze people who havent been home in days are voicing their concerns to the california fire department. The loma fire has grown to more than 43hundred acres. A 200acre containment has gone up as well, but at a slower rate. Just 34 percent handled. Theyre hoping to have it fully contained by monday. Cox says we are concerned about the winds that come with it. Theres predicted winds of up to 30 miles an hour this weekend which is something we take very seriously and well plan for as we attack this fire. Nearly ten homes have been destroyed. Mandatory evacuations remain in effect. And those fire victims say the helplessness is terrible. Todays cooler, calmer forecast for the area is expected to help in the firefight effort. Now fox5 weather 24 7, with chief meterologist ted pretty weekend heat for us at 92 on saturday with 88 on sunday. Well also see the wind increase on saturday with southwest gusts to 25 mph, then to 35 mph on sunday. The strongest wind is expected on monday with gusts to 40 mph. Highs drop to 74 degrees on monday afternoon, then 79 tuesday as the wind decreases. Highs stay around then 83 on thursday. Closed captioning will resume shortly some local service men and women donned an apron and waited tables for a stacks and yolks held their Second Annual day of hope fundraiser today. Local police and Fire Fighters were on hand to serve breakfast to the public. Forty percent of all the money they made this evening with 88 on sunday. Well also see the wind increase on saturday with southwest gusts to 25 mph, then to 35 mph on sunday. The strongest wind is expected on monday with gusts to 40 mph. Highs drop to 74 degrees on monday afternoon, then 79 tuesday as the wind decreases. Highs stay around 80 on wednesday, then 83 on thursday. Closed captioning some local service men and women donned an apron and waited tables for a stacks and yolks held their Second Annual day of hope fundraiser today. Local police and Fire Fighters were on hand to serve breakfast to the public. Forty percent of all the money they made this evening went to candlelighters a nonprofit organizations that helps families who were affected by Childhood Cancer. Were hear with all of the patrons. Theyre making donations. Theyre learning about candlelighters and its a great day for us because were wrapping up our Childhood Cancer awareness month. Stacks and yolks in the valley. One near durango and the 215. And another on the corner of jones and cheyenne. A utah company doesnt just pay vacation time. It pays for an employees vacation. Bamboohr. A software company. Has a new program called paid paid vacation. For those employees eligible. Bamboohr will reimburse that person up to 2 thousand dollars for Vacation Costs including hotel, transportation, and meals. Bamboohr has about 200 employees. Ceo ben peterson who started the company says that personal life doesnt exist to support work life. But vice versa. Some dolphins in hawaii are moved to an aquarium in arizona. But its how they got there thats got animal activists absolutely livid. The journey the animals took thats caused such an uproar. The runnin rebels are back on the court today. Fox five sports director Kevin Bolinger was with preview of the season ahead. Politics should never come before basic health care, but thats the choice joe heck keeps making. Women like me rely on planned parenthood for checkups and cancer screenings, but congressman joe heck voted ten times to take away their funding. Heck even threatened wn the federal government to eliminate funding for planned parenthood. Shutting down the government. Taking away access to lifesaving care. Just to score political points. Joe heck should be ashamed. Women vote is responsible just to score political points. For the content of this advertising. Women vote is responsible when i was one year old, i was diagnosed with a rare form of jucancer on my spinal chord. S. But i spent my whole life fighting back. So you can imagine what i thought when i saw donald trump say. That impairs movement of his arms. I dont want a president who makes fun of me. I want a president who inspires me, and thats not donald trump. Priorities usa action is responsible for the content of this advertising. District attorney Steve Wolfson as district attorney, ive prosecuted a lot of violent people. Our background check laws have stopped over 5,000 dangerous criminals from buying guns here in nevada. But a loophole makes it easy for those same dangerous people to buy guns. Ound checks, no questions asked. Its a dangerous loophole. Closing it will save lives. Lets make it harder for criminals, safer for us. Yes on question 1. [cell phone vibrating] when the billionaire Koch Brothers call, congressman joe heck has been answering. Voting with the Koch Brothers agenda 85 of the time. And the super rich, but ending medicare as we know it and forcing cuts to Social Security. Taking care of the Koch Brothers may be a good call for joe heck, but it doesnt work for nevadas working families. Senate majority pac is responsible animal activists are angry after three live dolphins were put in a container and shipped from honolulu to arizona. Cellphone video shows them confronting cargo warehouse. Ben gutierrez reports. Alexis thomas and other member of animal right hawaii went to the fedex cargo warehouse sunday and took this cellphone video showing people around stretchers often used to transport dolphins. nats do you have a permit to transfer these dolphins . Do you have a permit . Can we see it . Alexis ThomasAnimal Rights hawaii i approached dolphin quest while they were doing the transfer and i asked if they had a permit to be transferring the animals because with that. Thomas also says she was concerned about the dolphins welfare Alexis ThomasAnimal Rights hawaii the dolphin quest trainers were consoling the animal, who seemed to be in obvious distress, likely from the confinement of the box that it was in. Of course all of the noises that were happening, the fear of the unknown. voice of Michelle Campbell dolphin quest ive been with these animals since they were born. Theyre secondgeneration dolphins under our care, and nobody cares more about them than we do. Campbell says the three dolphins were born and raid captivity in dolphin quests waikoloa facility. Noaa says dolphin quest has the proper state and federal permits, and a state Agriculture Department official was on hand for the departure. As for using fedex Alexis ThomasAnimal Rights hawaii i think it was definitely shocking for a lot of people to see that fedex is transferring live animals in a box. Michelle Campbell dolphin quest theyre very experienced in doing such a move. Weve done this before with them in the past, and have really appreciated the dolphins arrived safely in phoenix earlier this week. They are now at a new dolphin aquarium near scottsdale, which is set to open next month. Theres much more coming up in the second half of fox5 news at 5. The runnin rebels are back on the court today. Fox five sports director Kevin Bolinger was with the team today and gives us a horner i was proud to stand for our country. I will not stand for congressman hardy and donald trump insulting seniors and veterans. Hardy wants to raise the retirement age and said seniors who rely on programs like Social Security are a draw on government and the disabled are a drain on society. And then theres donald trump. Theyre just not for us. Right now. With Emmy Award Winner john huck. Christine maddela. And weather 24 7 with chief meteoroligist ted pretty. This is fox5 news at 5 30. Local las vegas. Thanks for joining us for your only local news at 5 30. Season may just be getting going. But now the College Basketball season is underway the runnin rebels held their First Official practice of the season. Fox 5s Kevin Bolinger was there. He joins us now in studio with an inside look. The seasons are changing outside from summer to fall and this will be known as the season of change for the runnin rebels. Roster full of new players and a whole lot of question marks as we head into the season. There are only three returning players from last years roster. Everyone else is new. That means a lot of new faces and names to get used to and this next month of practices leading up to the opener will be what new head coach Marvin Menzies is looking at in determining who gets the bulk of the playing time. What we do know menzies will continue to focus on high Energy Defense to trigger the fast break. This team will run when it opportunity. But its going to take some time for everyone to gel and things to take shape. Uche ofoegbu thats the biggest unkown but i feel like were gonna get it throughout the season. I dont know if its going to be the first game, or before conference but i feel like we will get and we will be successful this season. Thats just the main goal right there. Marvin menzies the good thing is there is going to be a lot of competitiveness in practice. A lot of guys are battling for minutes and time but theyre doing it in a brotherly fashion. Were gonna compete every day in practice. You asked me earlier expect them to get after it and represent the brand. Well demand that and hold them accountable to it. The first exhibition game is tuesday november first. Menzies says that even with the depleted roster and late recruiting start becuase the of the well documented coach search he was surprised at how much talent was Still Available and he feels unlv has some solid players on its roster. Only time will tell john