the safe surrender law and allows parents to surrender newborns within 72 hours of birth, no questions asked. to our other top story out of gilroy. a community taking the first steps toward healing from a heartless shooting. two days after the attack at the gilroy garlic festival people are finally being led back into the parking lot at christmas hill park to get their cars. but, the area is still a crime scene and remains off-limits to the public. we have team coverage on the story, let us go straight out to kiet do with keyla salazar's family. >> reporter: we are live here at the ace and power academy, a charter middle school in east san jose where keyla salazar, 13 years old graduated recently set a campus has special significance for the family. they are inviting the public down to a community vigil that is happening very shortly, before that though a news conference is set to take place here at 6 p.m.

for the family to share their thoughts on how everything is going. this was the scene at the salazar family house earlier today. >> >> reporter: at the salazar family house a steady stream of volunteers, food, drinks, love, and tears. kayla's and say the family is devastated, still in shock. her father has locked himself inside of a room. they have made no funeral plans because everyone is at a loss of what to do. they say they are close like brothers and sisters, and the family has lost her angel. >> we can believe it, the purest member of the family just passed away, that is just unbelievable. >> reporter: when the shooting began the family became separated in the chaos and kayla keyla was last seen helping a relative who walked with a cane. the family agonized for hours, not knowing what happened until at 2:30 a.m. call from the corners office. >> i promised i was going to be the one protecting her at any moment. and, everything. a single day i don't go with her, this happens.

just painful, you can't really describe how bad it hurts. >> reporter: a gofundme page has raised nearly $60,000. they say the community up bring and support has deeply touched the family. >> it is unbelievable, i am so thankful. and, i think she deserves better. >> reporter: we are just waiting for the family to make some statements to reporters, that should happen any minute now. once they do, we will have that in the 7:00 hour. also happening at 7 p.m., this community vigil, they are asking everyone to please come on down. ring flowers, candles, and wear white. we are live you're at the ace and power academy. kiet do, kpix 5. >> we have no information on the investigation. we have just obtained a copy of the search warrant from gunman santino william legan 's

residence. the suspected gunmen were police found a stockpile of military style gear, including a bulletproof vest. a gas mask, pamphlet on guns, a rifle round, and a camo backpack. police say it is likely the gunmen acted alone, but are turning over every stone, just in case he did have help. meanwhile, gilroy police say they found a shotgun inside the suspect's vehicle, which was parked near the shooting. and a search of a creek outside the festival's grounds turned out a bag of ammunition. police said the gunman was caught on surveillance visiting multiple shops around town before the shooting. but, in all the videos, he was alone. >> we want to put the community and people's minds at ease as to whether or not there is actually another person out there that they need to be worried about. our investigation is leading us more and more to believe that there was not a second person involved. today, elementary school children and gilroy are selling lemonade and cookies at the stand. to raise a dollar at a time for

the victim's parents. parents say it was the kid's idea.? a horrible thing happened. right now we are trying to make it right. >> some people are buying it, some people are just dropping off donations. the big change for us has been seeing our kids a smile because, they have been terrified. they have been terrified that this hit so close to home. >> here is the hashtag everybody is wearing right now #gilroystrong, it is a message you can wear on the t-shirts and hats printed at in gilroy, shirts are $20, the shirt of after 15, and the proceeds are going to the victims and their families. sales will start again tomorrow at 2:00. and this tightknit town of gilroy is a rallying in other ways as well after the shooting. len ramirez continues our coverage. >> reporter: like many people here in gilroy, the founding

family of the gilroy garlic festival had a hard time believing that their hometown festival was having such a horrible situation. but, like many families they have vowed to make this community better coming out of this. the gilroy garlic festival had humble beginnings in 1979 with the help of visionary garlic grower don christopher. the shooting tragedy has now shaken the christopher family, one of the festival's largest supporters over the years. >> it hit me to my core. the garlic festival is a part of who i am. the people there have such compassion, and love, thinking about the young people that lost their lives, the other victims, it has been very, very hard. >> reporter: don's grandson is concerned the effect of the shootings will have on future festivals. two we are going to need to rely on each other to pull each other through this.

i have every confidence that we are going to come through on the other side and we are going to be stronger than ever before. >> reporter: a positive sign of gilroy's future popped up a few miles away inta staed by area children. >> a horrible thing happened. and, right now we are trying to make it right. >> reporter: with help from supportive parents, kids from mainly rocket elementary school set up the stand with lemonade and cookies at the corner of buena vista and no name ono raising a dollar at a time. >> we are pretty much raising money to help the victims of. >> reporter: it was a small piece of a larger effort to help the victims. >> the people in gilroy and this community are strong and resilient. but, many of them could use some help. >> reporter: the district attorneys victims services unit turned wrecker elementary into a center. people came to the day to get a range of services including emotional counseling, sometimes with the help of facility dogs and they can patent. pet. many people at the garlic festival left behind their

belongings, 12-year-old maggie hernandez, and her father, they came back to get their bikes. the park is still on lockdown as a crime scene, so they had to walk away. they have been coming as a family every year, but maggie admitted coming back this time felt different. >> you don't want anything to happen again, you probably just get like paranoid that it'll happen. you probably just get nervous to come or not even want to come at all. >> reporter: the gilroy community is coming together in another way. a foundation has now been set up to provide money and services for the victims of the shootings here at the christmas hill park. you can find that at gilroyfoundation.org. reporting live in gilroy, len ramirez kpix 5. >> we invite you to stay with kpix 5 for your coverage of this ongoing investigation of the gilroy garlic festival shooting. we will keep you up-to-date on air, and on kpix.com. a call to action after one san francisco supervisor says the asian community is being

targeted by crime. joe vazquez is live in san francisco with 20 most recent incidences that left two men in the hospital. joe? >> reporter: those two people were beaten up pretty badly in chinatown, one incident was caught on camera, the dash camera of a car driving through. and then today please put a video of their own, of the suspects. take a good look at the surveillance video. differences go police say these three young men are responsible for a violent robbery in chinatown. police say the men attacked a 56-year-old man, lifting the victim off his feet and then throwing him to the ground. when another man, a 69-year-old man tried to help, police say the robbers knocked him out cold. please see the suspects then stole a watch from the first victim. both were treated for head injuries and released from the hospital. it happened at stockton and pacific in chinatown july 15 1:09 in the afternoon. police are asking for the public's help to find the suspect. >> we have additional personnel and i've increased the hours so

there is a greater presence in chinatown. >> after a spate of robberies with chinese americans as victims of some city leaders are calling for the san francisco police department to aggregate demographic data on crime victims of the past 10 years. >> about 66 official hate crime incidences, 38 are racial or ethnic based. 16 were for sexual orientation, and six were for religious preference. >> reporter: supervisor gordon mar says that his chinese- american constituents believe they are being disproportionately targeted so he wants the numbers for the police. who's being targeted and what kinds of crimes. he says it'll help his community coming up with other crime-fighting strategies. >> we have a responsibility as a city to respond to these concerns are from our constituents, our communities and do a better job of responding and preventing them from happening in the future. >> reporter: you heard the captain say they have increased foot patrols here in chinatown. he also says they are beating building relationships with some the vendors here who, frankly in the past have been reluctant to report crimes to

police. he also told me about a new camera program that is about to go online, it has been in the beta phase, more on that at 7:00. reporting live, kpix 5 a last ditch effort in the trial of the deadly gunship fire, the defense presented their arguments in front of a jury. juliette goodrich is live with the lawyers trying to get a read on the jury. juliet? >> reporter: i observed this as well, each and every day jurors walked past the attorneys on both sides. prosecutors and defense, as well as walking past the defendant. sometimes they walk straight ahead, sometimes they will give a little eye contact, and sometimes they may smile. the defense believes they are connecting with them. at the end of the day, the defense has done all they can do. >> the way i view it now, we are neck and neck, it'll be a close case. >> reporter: in his closing arguments, curtis briggs who is representing max harris, said "there are probably no bad people in this case" "maybe

except the owners are. briggs compared go ship to the courtroom, pointing out to jurors that even in the courtroom there are no fire sprinklers, fire extinguishers, or illuminated exit signs. briggs said juror body language has been a very telling in this trial. >> he feels very connected with the jury. body language, the eye contact, the sense of compassion that he is sensing from the jury right now is keeping him going. i have got to say it is really, really palpable to me. >> you saw that i even foresaw the prospect that urging them to vote not guilty, not to give up their position. >> one thing is for sure, there will clearly be different endings and outcomes for all. >> you know as soon as the verdict comes out i get to take a day off. i haven't really thought about much more than that. >> after this verdict is over,

i don't get a break, my life changes forever. >> reporter: sarah said he left worried yesterday he feels relieved today. >> i anticipate that the jury will be out you know for a lengthy time, relatively speaking. if they do their job. >> reporter: the prosecution will have the final say, and that comes tomorrow during the rebuttal. and then, this case is handed over to the jury. in oakland, julia goodrich, kpix 5. still ahead -- >> a huge proportion of crime guns in california are coming in from states that have weaker gun laws than we do. >> still ahead how the mishmash of state gun laws played a part in the gilroy tragedy. summer fun at a south bay reservoir and with 18 airlifted to the hospital. and, snowcapped smelting, animal habitat threatened. all grim signs of climate change, except for one species.

cooler in san francisco today only a high of 64 degrees and land you are up to five degrees cooler than average. we have ourselves a chilly pattern. how long it lasts, coming up.

? a major question remains in the gilroy garlic festival shooting, how was the suspect able to get his hands on the gun. wilson walker with an answer, and the laws that failed to stop him. >> reporter: what kind of firearm can you buy, how old you have to be to buy one.. period. well, that of course depends on where you are buying it, >> without a national law that

deals with those things you were always one of the problem of guns being trafficked to states with the weak gun laws to stronger gun laws. >> reporter: the ak-47 used was not illegal in california. at 19 the gunman was sort of california's 21-year-old minimum for buying a gun. in nevada however, neither of those laws apply. that is where the gun was purchased, and there is evidence that out-of-state guns are frequently used in california crimes. >> after a gun show in nevada, we see a spike in gun violence in california cities. so we know, for sure, that the weak laws in nevada and even weaker laws in arizona are increasing gun violence in california. >> reporter: robin thomas is executive director for the giffords law center to prevent gun violence. she says people often hear the phrase gun trafficking and think ofalcale, most of it really is not. >> buying a trunk full of guns

that would not be able to be purchased in the state where they are sold, driving across state lines and selling them out of the trunk of a car at a street corner. >> reporter: in this case it only took one person with one rifle and that is renewing calls for national standards. >> that is what we talk about universal background checks, they are the benchmark starting point of gun issues. once you have that nationally, it becomes much more difficult to go to other states when you or someone you should not have a gun to just get a gun by evading universal backgrounds and checks >> reporter: after the las vegas shooting nevada approved mandated background checks for all private gun sales. that will take effect next year. in san francisco, wilson walker , kpix 5. 18 in santa clara county is hospitalized after falling off of a rope swing at the lexington reservoir. first responders got the call late this morning . a boy who was with her says she felt from her swing into the shallow end

of the water. chopper 5 flew over the scene earlier today. the 16-year-old was later pulled from the water. she suffered major injuries to her upper body. the boy injured his foot, and was treated on scene. >> an ongoing study claiming that climate change may not be so bad for one species on the earth. research from the redwoods climate change initiative found the rising high temperatures drive away the fog, which typically shrouds the northern california coast. you are foggy days means more sunlight hitting the redwoods. leading to the trees growing at a more rapid pace. speaking of a warm-up, that is something we have seen up and down, up and down with the weather, especially during the summertime. >> has been up-and-down several times, we had hot stuff over the weekend and the cool down, they get hot again it is the pendulums swinging back and forth and now a different direction, we have gone cool and will stay cool after a pretty toasty weekend away from the water. tempers outside, they are below average. concord 81, livermore 77, santa

rosa 73. only 67 oakland, 63 san francisco but that said you never really warmed up. even over the weekend. baseball tonight, a's and brewers, we have more coming up in just a second. mostly clear skies, 65 degrees for the first page. i don't know who will win. concord 56, san jose 56, san rafael 54, . 6:12 as the sun rise tomorrow, july has not been that warm of a month, the national trend has been one of the hottest july's in the country's history. not so in the bay area. running average, a little below average in san jose only slightly above average in both livermore and san francisco. satellite radar reviews a moderate ocean breeze. what really change because we always had a low-pressure area to our north. even we had a ridge to our south and east is how close they are to the bay area. the ridges move leading slightly away from us, the low is moving towards us.

we are getting an inflow from this which has a stronger ocean breeze and that will continue to get closer threat the week which means the breeze will stay with us. morning clouds will also stay with us. afternoon sunshine tomorrow, temperatures near normal him a more norming clouds on thursday. temperatures will stay in your average all the way to the end of the week. whiteford fog and low clouds in the coast, temperature stay close to light july early august temperatures. we warm-up and all of the triple digits from last week, upper 80s to low 90s. 70s tomorrow in oakland, fremont. mountain view 77, widespread 80s in sonoma county. concord 84 degrees, fairfield 86, san jose 81, san francisco 66 degrees tomorrow. 80s inland, 60 near the water through friday. we warm-up about 5-7 degrees inland over the weekend, not too hot. and then we cool off by the middle of next week. pretty pleasant week weather as we say goodbye to july and

august. a golden state warriors player is a new dad. and, if that doesn't hold you, how many 6'4" 270 pound man? look he is looking to hit someone, who is he? i'll have that, and more, stay with us. there are moments in life that leave a lasting impression. like the feeling of movement as a new journey begins, or the sight of soft fur, warmed by the morning sun. you might remember new flavours, or a view that defies all expectations.

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>> for now, just get the pads on is a breakthrough for him. he says he is not played in an actual game since last september. >> is a shock to me how long it has been, i don't think i've ever taken a break that long since i was seven years old. so, it was different.

but i mean, it is just the best feeling ever, especially the weather out here, it feels great, no humidity, just couldn't be happier. >> meantime number 55 here is the new raider linebacker, fitting in quite nicely as one the leaders on defense. he is a former cincinnati bengals and his fraternity of football, is excited to be reunited with his old offensive coordinator paul guenther. >> i'm going to find out here when i go in. time is up. you guys good? i'll let him speak. >> actually, when coach g went to the raiders raiders it relieved me. he was like yeah, i just looked at him like i might be there with you one day. i can feel it. >> and now, the feel-good story of the day. we will leave you with this, new warriors guard jordan poole became a dad today. thank to a couple of great organizations. >> i had was interviewing him

and asked him about what he is currently and he said my mom took my cats. >> i thought however going to figure out how to get her out, she said she is not going anywhere. >> i like what you mean? you can keep my cat coming out i am saying? >> i said hey, i can get you a cat. he said i really need the help. >> the nonprofit and san francisco animal care and control to the rescue to give him a couple of rescue cats. he adopted dakota and his brother kai. it was love at first sight, fun fact these breeds called maine , they are the largest of the domesticated cats . and he is so happy to take them in as a lifelong cat man. >> i am just really excited. i have these two amazing cats, look, he's just chilling, hopefully got a lot of energy and epic and i right?

>> he just hung in there. actually he was in his lap so long, fell asleep. >> they are so lucky. those two little guys, they just don't know yet. >> i cannot say that enough of. this doesn't happen without bonnie joel laughlin hounds for heroes, thanks to her and the san francisco animal care and of course kathy jacobson pr for making that happen today. >> very cool. >> everybody is happy. >> every buddy wins. >> thank you to new kitten. >> we'll be right back.

we have life pictures coming in again from san jose. we are waiting to hear more from the family of keyla salazar. she is the 13-year-old girl who lost her life in the gilroy shooting. the family is also planning a vigil for next hour. of course we'll have more on this just ahead on the new kpix 5 news and 7.

also, the oakland a's are stepping in to help victims's family in gilroy. >> tonight proceeds from sales of food of feature garlic have impacted fans. all you do is buy the garlic fries and the gilmore garlic burger. it will have them get this very difficult time, the donations will go to the garlic festivals are relief fund. we put a link to that fund on our website kpix.com. just put our click on links and numbers. two thank you for watching tonight at 6. the cbs evening news is up next. >> does all kinds of ways that you can help. even kids selling lemonade today, it was amazing. we back here on the new kpix5 news at 7 . good night.

♪ ♪ captioning sponsored by cbs >> o'donnell: tonight, a breach with a capital "b." a hacker breaks into computers at capital one and makes off with the personal information of nearly a third of the u.s. population. why you may need to take action to protect yourself. also tonight, a deadly shooting at walmart. police say a disgruntled employee gunned down two coworkers. a senator and rape survivor defends an air force general accused of sexual assault. >> general hyten and his family were unfairly put through this terrible ordeal. >> o'donnell: why the coach who led the u.s. women's soccer team to back-to-back titles is stepping down. the amazing story of 36 nurses with one thing in common. and tonight, breaking news: for the second time in a week, north korea fires off multiple ti