scene. she has the latest on the story. we just got an update from authorities a short time ago. >> reporter: that is where i am right now. we just wrapped up the press conference right by where all of this happened. we learned that investigators are still trying to figure out if these parties knew each other before hand. at this point they don't have any indication that that was the case. for now we know at least one person died and one person was treated here on scene. we know the person they say is responsible could be facing murder charges. deputies say they were called out here to the rancho san antonio park in cupertino just before 1 pm. they say the 911 caller told them a vehicle had hit two people and then drove away. something else we learned in the press conference was that authorities at this point believe the two people were hit into separate areas of the park and the driver taking off. emergency crews treating one person at the scene any other peon taken to the hospital with critical injuries and that person was pronounced dead a short time later. as for the driver behind the wheel, deputies say they were able to track them down a short distance from the park. they blocked them in and took that person into custody. but first they say they wanted to take the person to the hospital as a precautionary measure where they are still right now. the driver could be facing murder and other felony charges. we caught up with one man who was on an afternoon hike when he saw deputies responding. >> i saw ranger vehicles coming by and i thought it was strange that there were multiple of them. i stopped when i saw all the cars, the deputies and the ambulance. all of these vehicles. the road to the trail was blocked off. sheriffs were ushering me to take a different path i have never taken before. i wasn't sure if it would lead back to the parking lot. he was dealing with a patient on the ground. he came over to talk to me. i asked what was going on and he said they were dealing with patients. they didn't think he was going to make it. i looked over and it was something i wish i didn't see. >> reporter: deputies say they are still investigating right now how all of this happened and what led up to this. we do know the person that was driving, there vehicle had sustained some damage but they say that happened before deputies caught up with the person. at this point they aren't revealing any identities as they continue to look into what happened. the park will stay closed the rest of the day. live in cupertino, allison rodriguez. >> a lot of questions remain unanswered. thank you. oakland police are looking this afternoon for the driver who struck and killed a woman as she was walking with a little girl. the hit-and-run crash happened at 22nd avenue and foothill boulevard just before 11:20 am. police say it appears the two were in the crosswalk at the time. you can see the intersection blocked off as officers investigated. the woman was pronounced dead at the scene. the four-year-old girl was taken to a hospital for treatment. she is now in stable condition. police say they don't know yet what the relationship is between those two victims. santa cruz county sheriff's deputies are continuing to search this afternoon for two people wanted in connection with an early-morning kidnapping. 50-year-old tushar atre was taken from his home and forced into his girlfriend's bmw. >> that vehicle, and an identity tied body were found in the santa cruz mountains. jesse gary is live at the summit on highway 17 not far from the crime scene with the latest. >> reporter: a small army of deputies, s.w.a.t. team members, and investigators combing a remote section of socal san jose road first trying to make sure it is safe and second looking for evidence in this case. let's take a look at our video. late this morning investigators say evidence led them to the area or they found the white bmw suv that tushar atre was last seen entering. the 50-year-old was kidnapped from his home in the 3000 block of pleasure point drive around 3 am. sheriffs deputies say someone inside the home at the time, presumably his girlfriend called 911 and reported to ite suv and drove off. nto her the vehicle was found in a 2400 block, 24,000 lot, excuse me, of san jose road along with a body prompting a reverse 911 call to residents in that remote area. >> we have not identified that person yet. there are a lot of moving parts to this investigation. investigators are still at both scenes as we speak. >> reporter: tushar atre is the founder and ceo of a web marketing and design agency based in santa cruz county. his website lists multiple clients in the san francisco bay area. officials say they are looking into his past dealings to see who would want to kidnap him and why. >> they are investigating pretty much everything and looking for evidence. anything that can lead us to exactly what occurred. i don't have much information as to why someone would try to kidnap him. but as we do get more information we will continue to update you. >> reporter: officials say tushar atre is considered missing at this point. they are looking for two suspects but they don't know if the two suspects are still in the area or if they got into a different vehicle and drove out of the area. at this point they don't believe residence in this area are at any risk. we will have an update on the search coming up at 5 pm. jesse gary, kicu. back to you in oakland. plans to sell oakland coliseum arena to the oakland a's hit a snag today after the city of oakland filed a lawsuit against alameda county. the mayor said she hopes to avoid a legal battle. >> it is absolutely prudent for the city to reserve their right. i hope we can place that on pause and really focus on working together. >> the city of oakland and alameda county jointly owned the coliseum. in april alameda county board of supervisors authorize negotiations with the team to sell the counties have share of the coliseum for $85 million. oakland is now asking the court to enforce a law that says publicly owned land will be used first for affordable housing and other uses. the oakland a's said they were blindsided by the suit. >> we always prefer as an organization to work things out not in a courthouse. i think that leads to bett solutions and we hope something like that can prevail. at the oakland city attorney filed a lawsuit on behalf of the city council. in a statement she said the coliseum is oakland's largest public land parcel and it is important to develop it to benefit the people of oakland and alameda county. new developments from washington on the impeachment inquiry. president trump's personal attorney has now hired an attorney of his own as he faces a congressional subpoena. lauren blanchard reports that secretary of state mike pompeo is now pushing back against house democrats as well who have scheduled depositions with several state department officials. >> reporter: it has been revealed the secretary of state mike pompeo was on the ukrainian phone call, something he had not disclosed before. democrats say because of that, he is now a fact witness in the house impeachment inquiry. >> mr. secretary to have any comments on reports on this july 25 call with the president? >> reporter: secretary pompeo is supposed to comply with the subpoena request from three house committees by this friday. a handful of officials were supposed to be deposed. today secretary pompeo says lawmakers requesting the information are trying to bully and treat them properly employees of the state department. tweeting let me be clear, i will not tolerate such tactics. the presidents post the lawyer has also been subpoenaed and he has retained counsel. it is unclear if he will comply with an october 15 deadline. >> there's no question that congress has a legitimate oversight role. >> at the same time that is a role that is capable of being abused. >> reporter: president trump is facing scrutiny or saying he is trying to find out who lodged the complaint against him and who gave them the information. it is a federal crime to retaliate against a government whistleblower. republican senator chuck grassley saying the cia officer behind the complaint at to be heard out and protected. "when it comes to whether someone qualifies as a whistleblower, the distinctions being drawn between first and second hand knowledge aren't legal ones." secretary pompeo saying the state department won't allow any of their employees to be questioned in congress without an executive branch attorney present. those who have already been called in to testify are in the process or have already retained legal counsel. in washington, lauren blanchard, fox news. a new study is making waves into health communities. still to come latest reports that there are no ill effects to eating red meat. san francisco-based e- cigarettes company juul labs said it won't fund -- the company is reversing course after spending millions on that campaign. mostly clear skies around the bay area this afternoon and a warmer day although still falling a little short of average. i will have a look at what is happening this evening and what you can expect for the rest of the week coming up. public health crisis." other news outlets report- juul took $12.8 billion from big tobacco. markets e-cigarettes with kid friendly flavors and uses nicotine to addict them. 5 million kids use e-cigarettes. juul is "following big tobacco's playbook." and now, juul is pushing prop c to overturn-cigarette protections. vote no on juul. no on big tobacco. no on prop c. tto harrison, the wine tcollection.. to craig, this rock. i leave these things to my heirs, all 39 million of you, on one condition. that you do everything to preserve and protect them. with love, california. juul labs is no longer supporting proposition c in san francisco which is a measure to overturn the ban on vaping products. we explain how the e-cigarette maker is now reversing course after spending millions of dollars supporting the campaign. >> reporter: the announcement comes as a new ceo was named last week and the company was reviewing its policies. juul said it will no longer support the proxy measure. that was the san francisco measure seeking to overturn a ban on e- cigarette sales. proposition c would allow the sale of e-cigarettes and other vaping products with conditions like age verification requirement. following in juul footsteps they said they will and their campaign, too. they wanted to regulate rather than ban. proposition c will still appear on the ballot juul will not put money into the campaign anymore and the ceo said they remain committed to the city of san francisco. last week a spokesman for the no on cmac campaign spoke with us about the growing vaping epidemic. >> there is an alarming uptick in lung diseases, lung ailments and lung injuries among young people. it is now up to 47 states. i think there are 12 deaths. this is no joke. nobody is doubting that this is a serious thing and we have to take a timeout. >> reporter: the no on proposition c campaign said they are skeptical of juul. until they returned the 7 million unspent dollars in the political account and suspend their mail, advertising, paid phone calls and layoff their consultants, they do not believe them. all of this comes amid a vaping epidemic across the country. and last week the san juan county district attorney's office announced it would be investigating juul for what they believe could be deceptive advertising. they believe they may have knowingly try to hook teenagers on vaping. cristina rendon, ktvu fox 2 news. is more reports, about people being hospitalized with vaping related illnesses, uc davis researchers are taking a closer look at why this is happening. according to the cdc 800 people suffer from vaping related lung illnesses. it is in 46 states and 14 people have died in the u.s. 77% of those with the illness admitted to vaping using cannabis oil. >> there must be something about putting it into the solutions that are typically used for electronic cigarettes that creates the potential side effects. >> researchers say there are thousands of combinations of chemicals that could go into a vaping cartridge legally and illegally. they are using lab mice to figure out what combinations of flavors and chemicals are the most dangerous. if it was a little cool for you over the last couple of days, mary has some good news for you. we are starting to warm things up. >> warmed it up a little this afternoon and a little more for tomorrow. as we get closer to the weekend temperatures will be in the 80s. mostly clear skies and there is a beautiful look over san francisco. it was a chilly start this morning and i expect temperatures to be cool once again tomorrow morning. right now quite nice. santa rosa 71. san francisco 64. livermore checking and write about 71. san jose 69. here's a look at our 24-hour temperature change. 3-6 degrees warmer. up by five degrees in concord. for over oakland. we are going to move those numbers up a few degrees as we get into the afternoon tomorrow as well. clear skies around the region and wins are generally light. we have a bit of a breeze blowing through fairfield. 20 in santa rosa. an onshore breeze coming in from the west. tomorrow morning going to be another chilly start. in the north bay slipping into the 30s. 40 degrees for napa. into the inner east bank low 40s expected in livermore and around the bay. upper 40s over areas of oakland. 50 degrees to start your morning in downtown san francisco. in the afternoon we will bring temperatures up and some of us will get to 80 degrees for the afternoon. 80 degrees expected in concord. we have 75 in oakland. if you are going to the a's game we will have that forecast coming up in just a little bit. 70 degrees expected to downtown san francisco. we have a system that drops in on thursday and it could cool it down just a bit. we are back in time for your weekend and i have details coming up. california is being hit with a lawsuit for alleged violations of the national voter registration act. a federal lawsuit filed this morning demands that the state enforce the act which requires all states to make a determination on the eligibility of voters to participate in federal elections. authorities say the suit was filed on behalf of three california citizens who say the state is not properly verifying the citizenship eligibility of voters. >> california refuses to use the data in its possession to determine citizenship eligibility which is a prerequisite to voting in all federal elections. we believe that this failure violates the national voter registration act and that statute provides for enforcement actions by citizens. >> those attorneys say this is a nonpartisan lawsuit. the state of california has not yet responded to the suit. a former dallas police officer has been found guilty of murdering her neighbor. the decision by the jury and next steps in sentencing. make sure you tune in tonight for all new episodes of the resident at 8 pm and that will be followed by the final season of empire and it continues again tonight at 9 pm. we hope you stick around for the 10:00 news and the 11:00 news all right here on ktvu. today is a somber day in las vegas as thousands pause to remember the victims of the 2017 mass shooting at the root 91 harvest music festival. today marks two years since the attack that left 58 people dead and hundreds more injured. to honor the victims, city officials held a remembrance sunrise ceremony that included moments of prayer and some remarks by both the governor and city leaders. one survivor of the attack who attended today's event said she is trying to move forward one day at a time. >> i am still seeing counselors weekly. i think it is when you decide to look back and realize not to be a victim better survivor. i think that things could have gone so different for me. you need to take each day as a gift. and live for those that don't get to do that anymore. >> the 2017 las vegas shooting is the deadliest mass shooting in modern u.s. history. police and fbi officials say the gunman meticulously planned that attack and despite extensive investigations, authorities have not found a clear motive to explain why the gunman opened fire. a dallas police officer who shot and killed another tenant in her own apartment building is convicted of murder. amber guyger's defense team insisted she thought botham jean was a burglar. the prosecution argued she did not have to use deadly force. here's a report from the dalles courthouse. >> we the jury unanimously find the defendant, amber guyger, guilty of murder. >> reporter: a guilty verdict in the amber guyger trial. she is a dallas police officer who shot her upstairs neighbor when she mistook them for an intruder in her apartment. not realizing she was actually in his apartment. one floor above her own. >> police officers will be held accountable for their actions and we believe that will change. >> sentencing began a few actors a few hours after sentencing after the verdict was handled down handed down. >> she worked hard. >> reporter: the debate for jurors was whether geiger used an unreasonable amount of force. they have the option to convict her on lesser charges of manslaughter or criminally negligent homicide. during the trials jurors saw dramatic body camera footage showing responders trying to relieve jean as he lay bleeding on the floor. there were also photos of a bright red doormat outside the apartment, one of several indications she was entering someone else's apartment, not hers. amber guyger now faces anywhere from 5-99 years behind bars without the chance for probation. that is the latest from dallas. we go inside the bay area's largest jail and we will tell you how the sheriff is responding to dozens of in custody deaths and allegations of a practice some call cruel and unusual. arguments taking place in san francisco to rule on trump administration immigration policies. ["white rabbit" by jefferson airplane] ♪ one pill makes you larger ♪ and one pill makes you smaller ♪ ♪ and the ones that mother gives you ♪ ♪ don't do anything at all ♪ remember what the dormouse said ♪ welcome aboard. ♪ feed your head at at&t we believe in access. the opportunity for everyone to explore a digital world. connecting with the things that matter most. and because nothing keeps us more connected than the internet. we've created access from at&t california households with at least one resident who receives snap or ssi benefits. may qualify for home internet at a discounted rate of $10 a month. no commitment, deposit, or installation fee. visit att.com/accessnow, to learn more. we take an unprecedented look at who is dying inside bay area jails and why. a review of dozens of autopsy reports reveal that over the past five years santa rita jail in alameda county has had the highest death rate of any jail system here in the bay area and it is even higher than the nation's largest jail. i brought the results of our investigation directly to the sheriff. >> we met on instagram. we got into a relationship. he is really sweet. he has a big heart. >> reporter: vanessa reyes last visited her husband this past july at santa rita jail. raymond reyes junior had violated his parole for prior glory. >> that morning i had a visit with him. we visited and everything was normal. i went to the window and he waved at me. he said i will see you tomorrow. so i just went home. it was a normal visit. >> reporter: everything was not normal. later that night reyes got a phone call that no wife ever want. >> they told me that he passed. they just told me that he passed away. >> reporter: she was told her 22-year-old husband and the father of their four-month-old son had committed suicide. reyes is one of 40 people who died at the bay area's largest jail over the last five years. that is an even higher rate than san francisco, contra costa county, san mateo county and even the nation's largest jail system in los angeles county. of those deaths, inside santa rita at least 14 people committed suicide and 11 of those inmates who took their own life were being kept in some sort of isolation. that means limited access to the outdoors and human contact for up to 23 hours a day. >> the people that come into our custody have very complex crisis sees in their life. it is not just one thing. it is help, drugs, alcohol, mental health issues etc. alameda county sheriff allowed 2 investigates to tour santa rita and show us where inmates are held in cells by themselves. >> reporter: what would be a reason why these inmates would be in isolation? >> right now a fight, disrupting inmates, challenging inmates, destruction of jail property. >> we are responsible to do visual checks on everybody every hour. special handling once every 30 minutes and some that are on more intensive watch every 15 minutes. >> reporter: the sheriff has come under fire for how the jail treats inmates with mental health issues. >> reporter: do you see any correlation between inmates being held in isolation and inmates wanting to harm themselves? >> there are a higher number of percentages, you can't deny that. people in isolation have greater percentage but the numbers have been reducing for the last five years. >> reporter: the link between isolation and suicide is nothing new. in 2014 a study showed that inmates in isolation were three times more likely to try to harm themselves. >> we try to address those issues through counseling, medication and prevention. >> putting someone in isolation is a very serious thing. bilski jose has been closely monitoring the high death rate in santa rita. >> we know that if someone does have health issues or suicidal tendencies that only exasperates the problem. you play someone alone in a problem by themselves, you deprive them of a lot of basic things that are considered human dignities to everyone, having access to a toilet, toilet paper, it only exacerbates the issue. >> reporter: the sheriff and his department are facing a class-action lawsuit over this issue. the plaintiff say they want santa rita's cruel and unusual isolations to end. if changes are made civil rights attorney, john, said he wants the feds to step in. >> it may be that federal oversight will be necessary here if the sheriff itself or whoever is in charge doesn't take this more seriously and reduce these numbers. >> reporter: the sheriff said since last year they made a concerted effort to bring 150 isolated inmates into group settings and they have received $54 million to build a new mental health unit at santa rita. >> if you are an athlete and you got criticized for the speed you ran your myelin, you would go out and improve your speed. >> reporter: you take the criticism to her? >> oh yeah. we do our best to answer each and every allegation. if it is accurate we fix it. >> reporter: 2 investigates learned the civil rights division has been investigating mental health services here at santa rita jail since 2017. >> we welcome these reviews. if you can find a better practice for us, a better method of doing what we are doing, we adapt that. and one death in our custody is not acceptable. we don't want anyone to die. we go through great pains and efforts to keep people alive. >> reporter: the meantime the reyes family is preparing their own lawsuit and hoping changes will come. his sister can't accept that her brothers life ended this way. >> they said it was a suicide. in my heart i don't feel he did that. he has this four-month-old son and all he ever wanted was to have a family. >> reporter: a lot of families obviously hurting. speaking with the sheriff he acknowledges that the number of people who have died behind bars in santa rita over the past few years is not acceptable. but he essentially said to me i am doing what i can to reduce the number of inmates were being held in isolation. shipping them to group settings. at the same time he said he is making steps to try to improve the mental health support that is offered. >> you see a lot of people go to prison who have mentor health issues and yet they remain in prison. you see prisons in other states that rikers island where you see a lot of the same issues with mental health and isolation. they are all really difficult situations for anybody to deal with. hopefully they can get to the bottom of the mental health. >> the situation is being exacerbated by mental health issues. the ninth circuit court of appeals in san francisco heard legal arguments about to trump administration policies. as we report from the federal courthouse there are a lot of tough questions from the judges for attorneys. >> reporter: one hearing before the ninth circuit court of appeals for two separate immigration policies from the trump administration, both have to do with the asylum process and how people coming to the u.s. are allowed to apply for it. one of the rules is called the remain in mexico policy. asylum-seekers from any country who passed through the southern border must wait in mexico while their cases are processed in the u.s. opponents say the policy puts migrants lives at risk. >> sending people back to danger without regard of what might happen to them there. sending them back to a place where there is no human protections and leaving them on their own is cruel and unlawful. >> reporter: u.s. attorneys arguing for the policy say it is a necessary way to slow down the flow of migrations through the us-mexico border. one of the judges seemed skeptical. >> you don't even ask. you are giving them nothing. you are not even asking them the key question to say are you afraid? >> reporter: the other rule was an asylum band band. it would stop migrants seeking asylum unless they come through an official port of entry. >> congress recognized that the attorney general could establish additional limitations. no one is entitled to be granted asylum and there's nothing barring consideration of manor of entry. >> the legal challenge to the asylum band was brought to courts by a bay area nonprofit. their members met outside the courthouse this morning to head in together. despite the tough questions for u.s. attorneys from the judges, a law professor said immigration advocates may have an uphill battle hill. >> the supreme court is watching and indicated they are watching. >> reporter: in recent court decisions, the supreme court has stepped in to side with the administration. >> you can bet that the lawyers in the trump administration will immediately run to the supreme court the moment these decisions come out if they come out against the administration. >> reporter: there is no timeline or deadline for the judges to issue their decision on the policies. in most cases the decisions come down between 3-6 months after the hearings. in san francisco, ktvu fox 2 news. the oakland a's are gearing up for their wildcard game against the tampa bay rays. we will hear from coaches and players as they prepare for the must win matchup. pleasant weather in store for tomorrow's game. meanwhile here at home at this hour temperatures a little warmer than where we were yesterday. it is a warming trend that will continue for the next few days. details coming up. ♪ hey. hey. you must be steven's phone. now you can take control of your home wifi and get a notification the instant someone new joins your network... only with xfinity xfi. download the xfi app today. aaddiction. how juuline hooked kids and ignited an public health crisis." other news outlets report- juul took $12.8 billion from big tobacco. markets e-cigarettes with kid friendly flavors and uses nicotine to addict them. 5 million kids use e-cigarettes. juul is "following big tobacco's playbook." and now, juul is pushing prop c to overturn e-cigarette protections. vote no on juul. no on big tobacco. no on prop c. the oakland a's are gearing up for their wildcard game tomorrow against the tampa bay rays in what will be the first wildcard game ever here in the bay area. today we heard from coaches and players who are eager to hit the field and get the game underway. >> this is what you would call the calm before the storms as the oakland and the race got their work in today. there was a football out there, a soccer ball, and they are loose for tomorrow's game. the coliseum is going to be rocking tomorrow. the tarps are off and mount davis will be open and 54,000 plus are going to pack this place to the brim. >> i have had heard stories about the coliseum and how awesome it is. i have never experienced it myself but looking forward to it. >> everyone is excited. everybody is on board. >> it is going to be a full month of oakland a's baseball here for sure. >> it sounds like a prediction. >> you have to love the confidence. wednesdays starter will be sean in this do or die matter. >> a lot of nervousness and excitement. it is a big opportunity to soak it all in for a few seconds. >> been lights out since battling back from shoulder surgery. wednesdays winner off to houston to face the 107 when astros on friday. from the oakland coliseum, ktvu fox 2 news. >> we know the weather is warming up and it looks gorgeous out there in san francisco today. it should be a nice day for the wildcard game with the oakland a's tomorrow. meteorologist rosemary knows a little bit about what is going on tomorrow. >> it is going to be nice out there. a little warmer than today. once we get past sunset temperatures do begin to drop off. it was a really chilly start this morning and temperatures will be cool tomorrow night. dress in layers and maybe bring a blanket if you would like if you are going to see the a's play. we have high-pressure that will be strengthening in for wednesday. we will remain dry and mild throughout the extended forecast. tomorrow 60s at the coast. upper 70s to 80 degrees in some warmer locations. temperatures dip on thursday and they are backup as we get close to your weekend. here's a look at future cast. all of that view sky out there right now. wednesday will be another beautiful day. in the overnight hours things change up and there is cloud cover associated with the system that could coulis down a bit. it could pick up behind the system as we get into thursday afternoon. not expecting rain but we will expect temperatures to dip a bit and bring on wind as we get into thursday. temperatures outside right now, low 60s over downtown san francisco. the 70s in livermore. concord holding onto 74. upper 60s over san jose. inner east bay has mild weather. 76 in brentwood. upper 60s in douglas. gorgeous under mostly sunny skies. tomorrow morning we will start out a bit chilly. especially inland and northbay. upper 30s for santa rosa. 40 in napa. low to mid 40s in livermore and concord. a bit of a chill in the air for you. also to the water upper 40s. 50 degrees in san francisco. as we get into the afternoon we will bump numbers up a few degrees over today's highs. upper 70s for novato. closer to the water for sausalito. beautiful mid-70s. for oakland if you are tailgating we will be cooling off in the evening hours. 80 degrees for antioch 79 in livermore. in the south bay for the afternoon mostly sunny skies. san jose will go to 76. mid-seventies expected for cupertino. 76 in redmond city. and i smiled 70 for downtown san francisco. 65 in daly city. here is a look at the forecast for the a's game tomorrow. 70 degrees and a west breeze at 20 miles per hour. a little breezy and cool. we are looking at great weather early in the day and cooling off by night. the extended forecast with temperatures dipping as we get into the bay area thursday. into friday temperatures begin to rebound slightly. armor days will be saturday and sunday. low 60s at the coast and upper 60s around the bay. mid-80s inland. wednesday is 74, not 94. all in all, some great weather. >> thanks rosemary. a debate over nutrition is now gaining steam. still to come at 4 pm why one study now says there is no harm in eating red meat. coming up at 5 pm the clock is ticking. we are one year away from when you will need a real id to fly. a look at how many people still need to apply and what it could mean for the dmv. a ballot measure meant to give san francisco's homeless population the mental help they need. we will tell you why some city lawmakers are postponing putting it before voters. the van gogh. to harrison, the wine collection. i leave these things to my heirs, all 39 million of you, on one condition. that you do everything to preserve and protect them. with love, california. many popular bay area restaurants are struggling to ay in business as they face many economic roadblocks that cut into profit. >> it is death 1000 cuts. we just got hit by a lot of different things. the city became difficult to do business with. >> yesterday the line was out the door at a restaurant in san francisco. customers wanted to say goodbye to the south indian restaurant on its final day. the owner said the rent is three times higher than when they first opened 15 years ago. also labor costs have increased. the city mandates for a higher minimum wage, healthcare and other benefits making it harder to stay open. the struggles faced a long time restaurant to suddenly close over the weekend. >> we have probably in coming here for over 20 years. they couldn't survive and that is too sad. they seemed very busy every time we were here. >> the parent company of kincaid file for bankruptcy in july and was bought by a company in houston. other restaurant owners say another issue having an impact on restaurant is the popularity of food delivery services. hospitality experts anticipate more restaurants will close their doors if they don't adjust their business models to the new dining habits. you have until the end of this month to comment on a plan that would allow electric bikes at national parks here in the bay area. proposals say they would be able to ride bikes on trails open to regular bicycles. speed limit would be 15 miles per hour but designated areas would remain off-limits. proponents of the plan they would destroy wildlife habitat and damage parkland. >> a federal judge ruled that harvard university does not discriminate when it comes to its admissions process. 2014 lawsuit alleges that harvard holds asian american applicants to higher standards than other students of other races. they said they will appeal the decision. the suit drew support from the trump administration. harvard did not immediately comment but denies any bias. red meat lovers can rejoice this afternoon. a new report suggests there is little evidence that eating less red meat or processed meat improves overall health. ray bogan has more on the study that is getting major pushback in the public health industry. >> reporter: burgers are back on the menu. the research suggests cutting back on red and processed meat has few if any health benefits contradicting years of dietary advice from leading health organizations have long warned people about the potential harms of a meat heavy diet. now a team of international researchers say there is no significant link between eating meat and developing chronic health issues. >> we cannot say with any certainty that eating red or processed meat causes cancer, diabetes or heart disease. >> the analysis published in a medical journal revealed multiple trials and studies and after looking at millions of people's diets, researchers found a small decrease in health risks in those who ate three or fewer servings of red or processed meat per week. the authors say if you enjoy eating meat, there is no need to change your current habits. >> our bottom-line recommendation which is a week recommendation based on low- quality evidence is that for the majority of people but not everyone, continuing their red and processed meat consumption is the right approach. >> the report is bringing up outrage amongst nutrition experts. in a statement the chair of harvard university department of nutrition said the new called lines are irresponsible and unethical. the studies authors note the evidence doesn't take into account other factors such as environmental or animal rights concerns. in washington, ray bogan. still to come, violent protests continue in hong kong as celebrations take place in china marking 70 years since the communist party took control. tv just keeps getting better. how you watch it does too. this is xfinity x1. featuring the emmy award-winning voice remote. streaming services without changing passwords and input. live sports - with real-time stats and scores. access to the most 4k content. and your movies and shows to go. the best tv experience is the best tv value. xfinity x1. simple. easy. awesome. xfinity. the future of awesome. thousands gathered in beijing to mark 70 years since the communist party took control in china. celebrations were held in beijing which included a massive military campaign. >> the celebrations took place as violence continues in hong kong. police there are denying they are escalating their fight against pro-democracy protesters despite the first live fire shooting. we take a look at the protest from hong kong during ongoing celebrations in china. >> reporter: elaborate celebrations held in beijing on tuesday marking 70 years since the communist party came to power including dancing, fireworks and a military parade. in stark contrast to the situation in hong kong were tens of thousands took to the streets demanding democratic reform. and confronting police in violent clashes throughout the city. >> they did not want anything to martha celebrations in beijing. hong kong's people have made it very clear they are going to defend their home. they see this as a last chance. >> reporter: one protester was shot at close range with live ammunition for the first time since the demonstrations started. they say they are trying to protect their fellow officers not escalate violence against protesters. >> translator: police officers lives render serious threat. to save their own lives he fired a live shot. >> years of military crackdown are growing with beijing employing more military assets to the region. protesters say they are not going anywhere. >> the hong kong government is trying to suppress our freedom everywhere by beating up people randomly and using excessive force. i think it is important to come out. >> reporter: the chinese president briefly adjust the situation during celebrations in beijing calling for a peaceful solution to restore civility. ktvu fox 2 news at 5 starts now. developing news from cupertino where a person drove onto a trail at an open space preserve hitting two people in two locations and then took off. >> the first victim was transported to a local area hospital for critical injuries. and unfortunately that victim has succumbed to their injuries and has been pronounced deceased. the second victim was treated on scene by our medical personnel and was released after speaking with investigators. >> investigators say the driver in that deadly hit-and-run is now under arrest. >> this deadly hit-and-run happening at a park in cupertino. let's go now to allison rodriguez who is live at the scene with moore. >> reporter: that is the vehicle right there that authorities believed was involved in the incident. they were able to take the driver into custody. this popular park is closed as investigators search for a motive into what happened here. >> at this time we don't have any motive or ti betweerties volved but we do encourage the public to reach out to us as this is very a frequently visited park. >> reporter: the sheriff's deputies telling us they were called out to rancho san antonio park in cupertino just before 1 pm. there were reports of two pedestrians hit by a vehicle which then took off. they say two people were hurt and one treated here on scene

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