Im heather holmes. And im frank mallicoat. Tom, the lawyer representing the terror victims family trying desperately to persuade the judge to keep those sites on the hook. Reporter he tried. But the court very straightforward. Should a murdered womans case against youtube and google be heard or simply dismissed in. Reporter the lawyers for the parents of nohimi gonzalez are suing youtube and its parent company, google. They charge that youtube was police sit in the attacks and death police sat in the attacks and death were accomplices in the attacks and deaths because they allowed videos of those attacks to be posted to their site. I think shell consider everything. She asked us the tough questions and, you know, i think we answered them as best we can and shes going ultimately make a decision. Reporter google is relying on the 21yearold Communications Decency act, a law passed long before most social media even existed. That law says that internet social sites cannot be held liable for things said and shown that was provided by others. The things that we are seeing in terms of the way the internet is being used were not even imagined by the people who created that Communications Decency act. Reporter the paris lawyers argued that in the new world of worldwide internet, youtube should be responsible for allowing isis and their supporters a platform to encourage terrorist attacks. Google maintains its immune from that as well and the gonzalez case should be dismissed. After two solid hours of questioning and hearing the lawyers, magistrate rayu took abadvise an advisement for a later case. Shes looked at this very carefully and shell look at it very carefully. And im sure shell take as much time as she needs for a careful decision. Reporter googles lawyers refused to comment before and after the hearing. But for the googles, facebooks and twitters of the world, anything less than a dismissal of the case would encourage more and more megalawsuits. Congress needs to reexamine the act itself and if it feels it should, make changes not around when that was first written, five careers before 9 00 11. 9 11. If they win, my gosh pandoras box is open in a big way right . Theyll do everything these social Media Companies have everything on the line should that happen. And they have some defenses that go above and beyond the Communications Decency act. And, of course, nothing happens until the plaintiffs prove the case. So its a long, long way from being decided. But we will know very soon if this thing will even get to the point where those issues will be examined. A lot of people watching this closely. Thank you, tom and well have much more on this lawsuit coming up at 4 30. Well break it down with our legal analyst michael cardosa. A napa county couple was sentenced today in the horrific death of a 3yearold girl. Kayleigh slusher was found dead in her home in 2014. An autopsy showed the child died from Blunt Force Trauma from being punched and stomped. Her mother, Sarah Lynn Krueger and her boyfriend Ryan Scott Warner were convicted back in may. A first degree murder with circumstances of torture. New developments today in president trumps plan to bar Transgender Americans from military service. Today the pentagon said that transgender troops will be allowed to remain in uniform until the events secretary receives directive to remove them. The entire force, entire chain of command will, always has, will today, and will tomorrow and always should treat every single soldier, sailor, marine, coast guardman with dignity and respect with the service and cloth of our nation. Bar none. Reporter today the u. S. Army chief of staff said he did not know ahead of time the president planned to issue that order on twitter. The surprise announcement yesterday stirred outrage and protests. Transgender troops have been allowed to serve openly since last year. Pentagon Officials Say that will not change until they receive formal guidance. Well act when we receive a directment through proper channels and well evaluate what we have and move from there. Reporter the white house said today the specifics on implementing the policy have not been worked out yet. James mattis has been on vacation and hasnt yet commented. The president tweeted saying allowing transgender people serves as unnecessary cost. Were joined by kate ken sington. She transitioned to female after active duty. Tell us about your service, what it was like, and the secret that you held throughout. So i just discovered that there was an issue with my gender identity when i was a child. And it was something that i really just sort of tried to run away from for a number of years and basically, you know, i thought to myself that i could never tell anyone. And when 9 11 happened, i was 18 years old. By nightfall, i had decided i would be leaving my university and listing in the defense of our nation. As an immigrant, this was really, really important to me. We came here from greece when i was 3. And america is just its been amazing to my family. I wanted to repair its kindness. Before i knew it, i was preparing for the invasion of iraq. Talk to us about what it was like serving knowing who your true self was and knowing that you had to hide this. Because you were serving under the militarys previous policy that banned lbgt troops. Thats correct. It was one of those things that at the time i really, really tried to hold on to the militarys core value of service before self. I thought to myself that it was really, really important to engage in that service and to defend my country. You know, at that time we were dealing with the aftermath of the terrorist attacks. And i really, really embodied that sense of serving before thinking about myself. Reporter are you angry after the tweets came out this week . I think more disappointed. And dismay. I think that according to some estimates, theres 15,000 active duty transgender soldiers in the military right now. And these are people who really upheld the courage of their convictions and decided to serve their country. And all of a sudden, theyre told theyre not good enough. You heard the president s reasoning for this ban. The cost and saying that it is a distraction. Do you believe that those are legitimate reasons for implementing such a ban . Well, let me break that down twofollowed. First the cost. So in twofold. First the cost. In 2013, they conducted a study finding that it would cost between 2 1 2 to 8 1 2 Million Dollars a year to treat transgender soldiers in the military. And you know, we can contrast that the fact that the Washington Post says it costs about 15 million for the president to go to marla go the time he has in mara lago the time he has in six months. So it seems small. Youre out of the military now, right . Yes. How do you feel about those transgender in the military and have you contacted anyone . Do you know of anyone . I have some friends that are going through that right now. And my heart goes out to them. These are people who took the oath and tried to honor their service. And theyre told their future is in jeopardy. And i think you cant really make America Great again by attacking service members. How do you think this might work . Would a transgender person be dishonorably discharged . Could that potentially effect their future and their v. A. Benefits . So dishonorable discharge would be like having a felony on your record where you would no longer be able to utilize the full scope of benefits that veterans get. You know, for example, i was able to attend the university through the g. I. Bill. The g. I. Bill would not be available to people who have had a dishonorable discharge. The house i purchased was through the v. A. Home loan program. That wouldnt be available to those dishonorably discharged. My sincere hope would be that that would not happen. But its a possibility and its one my friends are afraid of. A lot of equality. Made a lot of strides for the lbgt community. How big a blow is this . Its a big blow. Its attacking those defending our nation. I think its disappointing that people who would put their lives on the line are being treated as though theyre not good enough. Kate kensington, thank you for sharing your story. Thank you. And thank you for your service. Thank you. Have you seen this video . Its Something Else. [ laughter ] you think it honestly doesnt even look real. Oh, my god boaters in new york getting quite the surprise when that shark right there jumps out of the water and right onto their boat. With a little attitude, too, i might say [ laughter ] and safety inspectors take precaution after a carnival ride in ohio malfunctions, killing one and injuring several. Coming up. Its heating up out there. Temperatures today 5 00 and 10 degrees warmer than yesterday. That pushes us in the mid90s inland. Tomorrow, well be hotter. [ music ] one person died and several others were injured when apartment of a ride known as the fireball robing apart last night at the ohio broke apart last night at the ohio state fair. The 18yearold that died had just enlisted in the marines last week. That prompted california to shut down all similar rides until the state can come up with more information or get more information from the manufacturer. Jesse gary has more from the Santa Cruz Boardwalk and the closure. Reporter boardwalk Officials Say they believe the rides closure will be negligible on patrons since those rides are shut down for patrons. The only action at the fire ball amusement ride at the beach boardwalk is around it, not on it. Its shutting down comes after the fatal accident on a similar ride in ohio. I cant recall any tragic story really in my childhood coming out of the ohio state fair. Its been wild because its just huge. Reporter yesterday one person was killed. Seven others injured after a section of seats broke loose from the fire ball as it slung riders 40 feet into the air. The rides manufacturer, kmg europe bv posted a letter on its Facebook Page saying a passenger carrying gondola detached from the sweep arm. We are ceasing operations until further notice. Reporter some boardwalk patrons we spoke to say the ohio accident has had a chilling impact on their thrill seeking. Youre not sure whos working them or adjusting the mechanics of it. I think it just puts something in your head that you wonder, is it safe . Reporter officials for the boardwalk say their 37 rides are inspected daily, monthly, weekly, and annually by staffers who do routine maintenance similar to whats done on a boat or car. The state does scheduled and unannounced inspections on our rides. And by state law, we have to have Third Party Inspections of our rides several. Reporter thursday, cal osha asked all operators of the fire ball rides in the state to voluntarily stop operations for the time being. Officials here say theyll wait for word until its okay to let rides resume. But in ohio, the ambition are prompted to pause and think first. After hearing this story, i may have second thoughts about it. Reporter california Great AmericaOfficials Say while they dont have a ride like the fire ball, they are closing voluntarily the delirium ride which spins passengers around at a dizzying rate but will reopen as soon as possible. No word when the fire ball will reopen. At the beach boardwalk in santa cruz, jesse gary, fox 2 news. Just in time for shark week passengers on a fishing boat got the surprise of a lifetime when a shark jumped onto a boat. We got the video and a warning. Its kind of graphic oh oh, he jumped on the boat oh, my gosh yeah. Oh, my god is right are you kidding me, more like it the shark jumped on the boat and got stuck as you can see. Tried to free itself from the guardrail. Trying to bite through the metal. Eventually the fishermen were able to cut it loose after it settled down a bit. The shark is a mako. Theyre known for their ability to jump six meters to catch prey. If youre wondering, thats almost 20 feet. Yeah. That video, bill, when you look at that, thats Something Else really yeah. Doesnt look real its like a cartoon caricature you see what a machine it is yeah look at it just so stealth and streamline. You grew up during jaws. Oh, my god i stayed out of the ocean for years yeah, i know makos, theyll bite human beings. Theyre a little like tiger sharks that way. Our sharks okay. They bite once and theyre done. They try to get a lethal blow and swim away and then let you bleed out and come eat you. But these other sharks, makos okay spoken lightning a true surfer but theyll just keep eating at you that scares me to death [ laughter ] its hot with this heat, people go to the beach. Theyre seeing a lot of sealife out there. A lot of whales and dolphins. A lot of sharks in santa cruz. Relatively lots. But not so many up here. Not many reports. Outside you go and its still pretty good air quality. Thats because were looking over there from twin peaks. Theres the campanili. Things are heating up. Its a good 5 to 8 degrees warmer than yesterday. As we head into your bay area friday and saturday, it cools down a little. Today spikes. Upper 90s and then goes up a little on sunday. So the bottom line, its just going to stay hot inland unquestionably right through really the middle of next week. So fire danger back onto menu. Always on the menu or the headline for summer time. But when it gets hot and dry like this especially inland, then were thinking about the fire danger. And we could see a spare the air day at some point here. We could also see some heat advisory in the inland valleys on sunday. Heres the fog along the coast now. Its minimized. You can even see a little bit of north wind coming this way. Chewing the fog away from spinson and point reyes. Thats an indication of heating. Temperatures spiking. Mid to upper 90s inland. Well talk about what to expect for friday and the weekend. But itll be hot inland. You know that. See you back here. Early last week, a fire broke out and scorched over 10 acres in the saratoga hills not far from the mountain winery. Fire personnel battled that brushfire. But their efforts were hindered when a drone was spotted over the fire. Caused one of the helicopters to be temporarily grounded. A hobbyist at the control of that drone . Well, he could be facing charges now. We have the c. E. O. And cofounder of d drone. Its a Company Whose software protects and monitoring the air space against drones. Good to have you with us. Thank you for having me. Uncharted territory here. I read the faa by the year 2020 said 7 million drones will be flying over the skies of america. Thats not a good thing well, it depends on how you look at it. Theres 1 million my drones really entering the air space every single month. And theyre no longer toys they dont just fly around the christmas tree. They carry huge payloads, fly Long Distances. Theyre extremely usable for bad stuff as well. Had that drone hit that helicopter, what were the consequences . A collision is a nightmare for anything that flies. So a drone is like a 10pound thing which is made out of steel and batteries and motors. So any kind of midair collision, whether its the tail row tar, the helicopters rotary, the helicopter itself could have been fatal yeah. What kind of technology do you provide to basically make it safe . We detect drones. So we developed a software and device that captures drones in flight. Were able to pick up any drone in the air space up to 1 mile away. Were able to identify where it is, whats the serial number, where its flying, and also where the pilot is. So we keep the signals on the pilot communicating with the drone and display it in a nice form to the operator so he knows where drones are flying, what kind of drones are flying and you know how many are in the air space. You did this for the warriors parade, right . We did this over the warriors parade, the president ial debate, in switzerland like 200 installations. Tech is good. But regulations, who can buy them . Who can use them . Who can fly them . If you want to buy a car, you have to get licensed and learn how to use it. Are we getting to that now . Well certainly theres a sort of you know, people are very cautious about drones. Theyve come a long way. They fly really, really, really nicely. Anybody can buy them. You can buy them on the internet, for 500. You get something that flies a Long Distance and carries maybe 10 pounds. So everybody can buy them. Theyre cheap, fast, and extremely nice to fly. And theres tons of them. But laws wont stop them. And every law given should be enforced. Theres a ton of laws for regulating air spaces and drones and integrating drones in the air space, but theres a security nightmare for drones doing the wrong things and malicious companies and espionage and terrorist attacks. And 7 million in the skies up in the skies with all the planes up there in a couple years thats mind numbing a little bit right . Its getting crowded. It is, it is. It took the faa 100 years to get 300,000 commercial airplanes in the air. It took them 6 months to get 100,000 drones. Theres been near misses. One landed on the white house lawn. And in germany, a couple meters away when a drone came down near americaal. Oh, yeah. Merkel. Oh action yeah one oh, yeah. One landed with chain saws, guns, flame flowers. And theres every day in the flame flowers and every day in the news. I guess theyre here to stay, right . Theyre here to stay. I bet they are we want to thank you for coming in thank you so much heather, pack to you. Thank you, back to you. Thank you, gentlemen. A big day for tesla. Will the model 3 live up to the hype . A reporter for the wall street journal tim higgins joins us live with his thoughts. Thats coming up next. Tesla gearing up for a big day and a big night tomorrow. Its model 3 launches and its c. E. O. Elan musk is expected to be at the fremont factory to outline his grand vision for the future. Im joined by wall street journal tech and reporter tim higgins. You got an invitation to the event tomorrow. Tell me a little bit about it, were expecting a celebration for the model 3 starting production later this month. Elan says hell hand over the keys to the first 30 customers. Reporter do we know who the first 30 customers are . He hasnt identified them yet. But he said they would be tesla employees who have put their orders in because he wants to test those early orders with people who work for him so they can work out the final bugs. Reporter tal