that i worked so hard for gets taken away from you, i would feel empty. >> reporter: now the supreme court heard the oral arguments today, but the decisional document is not expected for several more months. meantime, the students who did walk out are putting themselves in some jeopardy with the schools. we will talk to the superintendent of the east side union high school district about what sentients they may face for leaving class early. reporting live in san jose kpix 5. >> the supreme court has a 5-4 majority right now. the liberal justice suggested the government had not provided the proper rationale for ending document. becky notes could be cavanagh, who had timed thing that it --who at times seemed empathetic . young daca immigrants rallied on the supreme court today after the panel heard arguments in the case that could lead to their deportation. more than a quarter of those protected under dr.--daca live in california. many of them are raising families. >> today, we stand here, very proud of the arguments that were made on behalf of the more than 700,000 daca recipients, but substantially, many more dreamers. so, many, many more immigrants who are waiting to come out of the shadows. >> president trump tweeting this today that some doctor recipients are quotes, are from angels and a deal will be made with congressional democrats to allow recipients to stay. if the supreme court overturns the lower courts rulings. five people wounded at the gilroy garlic festival have filed suits, placing blame for that shooting on the organizers. kpix on how they claimed negligence get that gunmen on the grounds. >> reporter: lawyers for the victims say the security fence the shooter broke through was flimsy, that it did not meet modern-day security standards in this era of mass shootings. also, the festival association could have and should have done a lot more. >> the entry point with you. >> reporter: attorney randall scarlet says the temporary defense did not have any coverings, cameras, and was unmanned. >> people are sneaking in this way all the time. everyone down there knew this was the way to get into festival for free. >> reporter: the gunman's car was parked about three quarters of a mile away. he answered the grounds where he killed three people and injured more than a dozen. >> other organizers are going to see this and they are going to be worried. >> i hope i hope. the goal is that we are secure. >> reporter: scarlet has filed a lawsuit against the gilroy garlic festival association for negligence and premises liability. the lawsuit says this horrific incident was facilitated by a made possible by the negligent acts of the defendants. >> you and i, and anyone else that goes to these events should be secure. now, at some point, it is cost prohibitive. we are not asking for everything in the world. we are asking for more than a football lease, there has got to be something more than this. >> the bullet hit my bone and ricocheted. it blew off half my calf. >> reporter: wendy toner was the first person shot, along with her longtime partner, francisco aguilera. so far, their medical bills total more than $2 million each. wendy remembers the first time she heard about the fence. >> i feel violated. i want to make sure we don't have this problem again and all of the other festivals take note and figure out what they can do to stop something like this from happening again in the future. >> you can have that many people from the public and claim i am a small town. you can't do it. if you are going to have 85,000 people in your backyard, you better protect them. >> reporter: in gilroy, kpix 5. >> the festival association says quote, the lawsuit is not unexpected and we will respond through appropriate legal channels, but as a nonprofit organization, we must remain focused on our mission, fundraising for the entire community of gilroy and 150 charities that rely on us. in the past couple of hours, we learned a man is shot and killed by police over the weekend is wanted for backing into a police car and fleeing a traffic stop in october. the chief said today the man was also on community supervision for a gun conviction in santa cruz county. officers spotted him sunday riding in a car headed southbound on 85. the chief said he ignore their orders to get out of the car and pulled a gun on them. >> the officer pinned the suspects arm, pushing away from him and prevented him from being shot. as the first officer struggled to gain control of the gun, a second officer used a taser on the suspect. >> reporter: police say when the suspect tried to grab the second officer is gone, the officer fired once, killing him. the 14 year veteran is on standard leave tonight. the suspect was a 29-year-old from athos, his name has not yet been released. orinda police officers were not actually in orinda when i first of gunfire killed five people at a halloween party. that is all according to call logs are obtained by the mercury news. instead, the two officers on patrol that night were on the other side of the tunnel. they were dispatched to oakland at 8:48 to recover a car stolen at a home invasion in lafayette. while they were there, two calls came in about a loud party on lucille way. they were not sent back to orinda until 10:51 when 911 calls began pouring in about the shooting. they arrived on the scene 10 minutes later. the logs contradict official statements that the officers were already on the way to respond to noise complaints. they also reveal the chaos that followed the gunfire as panicked partygoers jumped off balconies, hidden closets, and drove themselves to the hospital. several callers described a man in a orange hoodie firing a mac 10 or maxwell stout machine pistol. police have yet to make an arrest or really suspect descriptions. alejo now has a new police chief. the city's first african- american to have the department in its 120 year history. shawn williams was sworn into the. williams comes from the san jose police department where he worked for 26 years earning the rank of deputy chief. because of the proximity, he knows the challenges facing the neighboring department. >> i want to have a big ear, little mouth philosophy. i want to listen to what the community wants and what they need and develop that dialogue. that is how we begin. >> williams takes the reins of the trouble department during a tumultuous time. recent incidents include the delhi police shooting last february. six officers fired 55 shots into mccoy's car when he was found sleeping in a taco bell drive-through. a large crowd turned out for the new chief's swearing in, with a message. >> there has always been a feeling that the african- american community is not getting its fair share when it comes to justice and law enforcement here. i really hope and pray that now this is going to happen and i think it will. >> city manager's office says chief williams will be paid just over $261,000 a year. new video-out of contra costa shows a garbage truck in flames. the driver managed to escape before interrupted into a fireball. it happened on the salon away offramp. the crews knocked it down before 1:00, but this flames sparked again. chopper 5 flew over the junkyard. you can see the fire sitting up loads of smoke. several fire crews are on the scene trying to put out hot stocks. no idea on what sparked the flames. recovery efforts are on the way in the aftermath of the kincaid fire. today, crews are inspecting properties and are moving things like pesticides, batteries, propane tanks, and paints. that phase is being paid for by the county. property owners will have to work with your insurance to hire a licensed contractor to remove the remaining fire debris. >> they will have to have soil testing done before and after just to make sure that soil is safe, not just for them, but any future property owners and the environment that surrounds their property. >> in all, 374 structures were destroyed by the kincaid fire. 174 our homes. this anomaly county board of supervisors also approved a half cent sales tax manager for wildfire prevention, emergency alerts and response. that will be on the ballot next month. a live look at capitol hill where in less than 24 hours, the first public impeachment hearings will begin examining president trump's dealings with ukraine. we are getting a look at the plan republicans have drafted to try to defend him. >> history will be made in this room tomorrow as the house launches the first public impeachment hearings examining president trump's dealings with ukraine. house intelligence committee chairman, adam schiff, released this letter saying the process will be fair to the president, the committee members, and the witnesses. above all, these hearings are intended to bring the facts to life for the american people. cbs news has obtained an 18 page memo outlining republican strategy for depending president trump. they will argue president trump did not lay out any commissions when he asked ukraine's president to logical political investigations. both presidents have said there was no pressure to conduct the investigations. ukraine was not even aware that u.s. military aid was being withheld at the time of the phone call. and, u.s. military aid was released anyway even without ukraine conducting the investigations. >> the republicans have never been so united. i think the people of our country have never been so united. make a new cbs news poll shows americans are divided about their views on impeachment. 43% surveyed say trip president trump should be impeached over the ukraine controversy. 40% say he should not. 17% think it is too soon to say. 73% of those who have an opinion say they have made up their mind. >> for now, the house is simply gathering relevant evidence about what the president did. >> reporter: neither side bears well in the new poll. 52% of those surveyed said they do not think congressional democrats are handling the inquiry well. 56% say president trump is not handling it well either. >> cbs news will bring you complete coverage of the first public impeachment hearings tomorrow and friday morning so you can watch them here on kpix 5 . we will also stream them for you live on kpix.com. colin kaepernick gets a shot at an nfl, back. the former quarterback has been out of the league for three years. now, he is getting a chance to show off his skills. seniors caring for the allies after a string of violent meetings in chinatown. city leaders are taking action right now after the high file attack. the plan for a major reboot after the e-cigarette giant juul survived a late nationwide backlash against vaping. we have got one more day with this near 80 degree temperature in land and even above the bay. then, by thursday, we are all going to have to experience what eight average daytime high feels like for the middle of november. i will say that coming up. kpix 5 weather is sponsored by mancini sleep world. come in and say be during mancini sleep world largest mattress sale ever. visit sleep go to world.com. some demands tonight that the city of san francisco do a better job of protecting its senior citizens in chinatown, the city and community leaders wrapping up a news conference outside of the square tonight where a robbery and assault sit to elderly into the hospital on saturday. a third victim suffered minor injuries. the suspects still on the loose tonight. the community says this is just one in a series of violent attacks in the area. >> no one should walk in the city and fear that they might get attacked for whatever reason. we are one community in san francisco, and it is time that we do better to take care of our seniors. we owe it to them for what they have done to raise us and take care of us. >> mayor london breed also called on the city's district attorney elect to work with police to hold the attackers accountable. you can see there, he was at that meeting today, but did not speak. at the live news desk, back to you. juul is about to cut even more jobs than previously planned. the san francisco-based e- cigarettes maker says it is flashing about 650 jobs. that is about 16% of its workforce. previously, juul said it was company 300 jobs. the company also says it will cut $300 billion in spending. the changes coming amid a nationwide crackdown on vaping. today, supervisors unanimously passed an ordinance banning the sale of vaping products. it will apply to unincorporated parts of the county. that band is set to formally be adopted next week. doctors in detroit site they just performed the first ever double lung transplant due to vaping damage. the patient is a teenager. we will have that story coming up at 5:30. santa cruz may be the next northern california community to lay off enforcement of illegal magic mushrooms. the city council considering decriminalizing them in a meeting today. the vice mayor proposing a resolution that declares adult possession, use, or cultivation be moved to the lowest level of city policing priorities. the resolution goes on to say it is intended to empower the santa cruz community by restoring our relationship to nature. we will be monitoring that vote. new video shows the moment these two trains collided head on in india. once they crash, you can see those train cars bouncing off the tracks. it all happened yesterday. more than 12 people were injured, including a trained driver. it took about eight hours to cut open the cabin where he was trapped. investigators say a single glitch might have caused the wreckage. snow and icy conditions, this car left that ring on the edge of a missouri roadway. the driver crashed in the snow in kansas city. rescue crews used a cable and truck to study the car. firefighters actually got out there, smashed the windshield to reach the woman and pull her out. more than 220 million americans facing subzero temperatures from the midwest to new england, upstate michigan, residents digging out from 30 inches of snow. detroit, buffalo, each posting roughly 10 inches of snow, records this time of year. new york city started their snowplow season two weeks early. in the south, freeze warnings posted from texas to florida. now with the local forecast, we are lucky because there are no freeze warnings here for us in the bay area. no snow! [ laughter ] we need the rain, unfortunately. it is going to stay warm. >> 80 degrees today, it stayed warm. there is one day in this whole forecast where we are actually going to have to go back down average, that is thursday. between now and then, we will stay above average. look at the coast right now. this is kind of like a classic summer view. that is low cloud cover that has soaked in our camera down on the clubhouse looking over ocean beach. if we go back to treasure island and look toward the city, you can see plenty of high clouds are showing up here. we have got this layer cake going on. there is that marine layer, same low clouds that have the coast soaked in streaming in through the golden gate. look up here, higher clouds as well. those high clouds are a part of a system that is coming our way to bring more temperatures back down to average by thursday and even introduce a very small chance of a sprinkle for thursday morning. more on that in a second. here are the current numbers right now, 73 at concord. we were up near 80 four the daytime high today. if you look at the high resolution satellite, you can see the two layers. there are your high clouds, which are clearly moving overhead, and underneath it down there, you can see all of that marine layer gray sitting off the coast. all we have to do is go to a wider view, keep your eye out here, it may not show up all that much in the regular cloud, so i'm going to switch this from regular visible to water vapor. now you see it. that counterclockwise is been right there is what will bring our daytime highs to average mother's day, and also introduce a small chance of rain. if we look at the pattern, we see our spin there, right now it is blocked. i've got a big pressure of high air over us. over the next few days, that breaks down and we start to bring the onshore flow back in. if you come in for a close-up look, thursday afternoon, switch to looking at the way the atmosphere is moving, to what is actually going to be getting swept along with it. there is your light chance of rain. on thursday morning, dark and early. this is right around sunrise. that will not amount to much. it looks promising, but it actually--we will be lucky if it is measurable for thursday morning. in fact, if we look at the accumulated rainfall totals, maybe some splotches of green. it happens to miss all of the rain gauges. don't count on this being a commute issue on thursday morning. what it is is at least a sign that we are going to see the possibility. morning lows, that is your wednesday morning. temperatures getting down to right around 50 for most of us. in the valley, we will go down to 42. as we take a look at daytime highs tomorrow, a little bit cooler than today. we will start the cooling trend tomorrow, it really gets going on thursday. you will see that in the seven- day forecast. from 75 to 68, that is what you should be doing every day the middle of november from daytime high. 68, not near 80. if you notice by the weekend, we will be right back there. 84 saturday and sunday once again. okay guys, more on this coming up later. colin kaepernick says he is ready for the nfl. the question is, is the nfl ready for him? it was finally over at levi stadium. two warriors showed great respect. a recap of last night, next. you know when you're at ross and your new fall look just keeps getting better? check this out! that's yes for less. score a head-to-toe look you'll love and save 20 to 60 percent off department store prices. at ross. yes for less. 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 200-thousand dedicated, passionate, driven medical and non-medical professionals to deliver on our belief in total health for all. we are kaiser permanente. thrive. of the new floor & decor don't miin milpitas. opening if you have never been to a floor & decor, you have to go to the grand opening. hardwoods, laminates, tile or stone. holy smokes, this place is huge! i'm on a budget and i was able to go to floor & decor, and save a lot of money. you will be blown away by this experience. the pros come here. i come here. if you love your wallet, and you love your home, you have to go. floor & decor. opening november 14th in milpitas, off the 880 freeway on north mccarthy blvd. and you find a deal on cookware that makes you say. you know when you're at ross yes! ...oh, yeah! bring on the holidays! that's yes for less. everything you need to prep, cook and serve up the season. it feels even better when you find it for less-at ross. yes for less. do you think last night's voting honors loss was brutal? lookahead and news about a former 49er too. >> i was driving out to levi stadium thinking the 49ers might be the best team in the nfl. i came home last night, they might not even be the best team in the division. last night's showdown at levi stadium was the most-watched monday night game all year. lead changes, turnovers, missed game winning kicks, made game winning kicks, and the end of overtime. the players left it all on the field. >> i think this takes the cake. this is one of the most emotionally triggering things i've ever been a part of. >> the craziest game i've ever been a part of. talk about a monday night football game, it felt like an ncf championship game. >> reporter: the game nearly ended in a tie. seattle's jason myers 42 yard field goal on the final play of overtime to win it for the seahawks. they are now one game behind the 49ers for the division lead. san francisco fed a number of players get injured last night, none more than defensive lineman ronald blair. he made a great play to stop russell wilson, but suffered a torn acl. he is out for the rest of the season. the news is better for receiver, emmanuel sanders. he has a ribbed injury, but carl shannon is hopeful both sanders and tight and george kittle will play sunday against the cardinals. the offense really struggled without both last night. he does not get any easier going forward for the 49ers. five of their remaining seven games are against teams with renting records including back to back games in new orleans, and baltimore where they will finish the regular season in seattle. the nfl will hold a private workout for colin kaepernick saturday in atlanta. all 32 teams are invited to attend. kaepernick has not played since 2016 and settled his collusion case against the league earlier this year. kaepernick tweeted within the hour quote, i have been in shape and ready for this for three years. can't wait to see the head coaches and general managers on saturday. the league said several teams inquired about kaepernick's readiness to play in an nfl game. if that is true, we will find out those teams and who they are on saturday. >> the league had to approve this tryout, or is that because of legalities of the lawsuit? >> the league worked with kaepernick to create this tryout. my question is, why didn't kaepernick's agent reached out to the teams, or why didn't these teams interested reach out to kaepernick directly? why compete when there are other teams? >> thank you. we are asking you after three years of not being in the nfl, do you think colin kaepernick can make a comeback? weigh in on our twitter and instagram pages. we will share some of your comments later in the newscast. at 5:30, a tree pipe pitting neighbors against each other. city staffers once thought this tree was a deadly menace, they may have chat had a change of heart. we will have that story coming up. vaping damage to a teenagers long so severely, he needed a double lung transplant. how his family is trying to save other people's lives. plus a bear with a taste for pinot. how a winery is trying to fend off a hungry nighttime visitor. you are watching kpix 5 news at 5:30. berkeley city leaders are meeting at this hour to settle a bitter battle over some trees. the matter has gotten so heated, the trees got their own task force. good evening, i am alan martin. >> i am veronica de la cruz. kpix 5 , john amos reports the city may have had a change of heart. >> reporter: when is a tree more than just a tree? in berkeley, it is when it

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