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 a