Response to the disaster but not necessarily answers they accept, including why sounding warning sirens would have been a bad idea there was some testy moments when the islands top disaster official took questions in a public meeting, defending what was, and in some cases, what wasnt, done and now tonight, hawaiis attorney general says she will bring on a third party private organization to investigate the government response, promising an impartial, in dependen review while no official causes of the wildfires that struck maui have been determined, there is a broad belief that many of the more than 100 lives lost could and should have been saved. The heartbreak and frustration on maui is where we start again tonight with tom llamas, and tom, people are really calling for accountability here reporter that is right, lester, and good evening that relief is coming in tonight to lahaina, but the tension is rising local officials are being pressed harder than ever before the a. G. , as you mentioned, is muscling up her investigation into why and tonight, we are spending time with the families from this Community Just behind us who did not make it out alive. Tonight, the number of victims from the burn zone keeps climbing. More than 100 dead, and 1,000 still unaccounted for. As the head of mauis Emergency Operations faces the public for the First Time Since the disaster do you regret not sounding the sirens i do not. And the reason why so many people said they could have been saved. Reporter but when followup questions were asked, this happened you want him to give you the answer or i do. But i want to let him finish his answer im sorry, theres a lot of people well, youre talking and not letting him talk if you want to talk, come up here reporter even though the sirens are allhazard systems, they maintain they are primarily used for tsunamis. Had we sounded the siren that night, were afraid people would have gone and if that was the case, then they would have gone into the fire. Reporter the sense of frustration on maui lingers just like the smoke it got to this point where its like, who are these people watching us . Or do they even properly care for us reporter high winds, dry conditions, and low humidity are being called the climate threat multipliers that fueled those deadly flames across maui but the root cause of the fires is still being investigated Hawaiian Electric now being accused of years of inaction leading up to thedeadly fire. A new lawsuit alleges the utility knew of the risks for years, and failed to take steps to prevent catastrophe. Citing this stunning admission in a 2022 funding request to state regulators where Hawaiian Electric acknowledged, quote, the risk of a utility system causing a wildfire ignition is significant. Despite the warning signs, the suit alleges the utility failed to act. Hawaiian electric declined to comment on pending litigation, saying, in part, we will work with the state and county as they conduct their review. Fire crossing the road not good reporter but now, some are also blaming the Power Company for slowing the evacuation Cole Millington shot this video as the flames approached theres a Mass Evacuation occurring, and we were trying to get to safety. And it extremely hindered the chances and the speed at which we were evacuated. Reporter all of this, as hope has faded for some families he really loved lahaina. Reporter alfredo lived in hawaii for more than 30 years he had an aloha for everybody, his family told me, and now hes gone what do you remember actually, last month, i took him to vegas fourth of july, i was going to take him for his actual birthday and now hes gone. But thats my best memory with him reporter and now, balancing all this suffering against financial need, there is tension over tourism visitors account for roughly 70 of mauis economy. So, you want the tourists to come and spend money on maui . We all do you ask anybody who works in the tourism industry, which is pretty much everybody, yes. Reporter so many people are looking at the rubble and worrying, can there be a future in west maui . Were going through fertility treatments, i want to have a baby, and i dont have a community anymore. Reporter a disaster thats already stolen lifetimes, and threatens to last for jen rages. Tom llamas, nbc news, maui in Southern California, were watching the threat of heavy rain and flash flooding as hurricane hilary, now in the pacific off of mexico, moves northwest. Al roker is with us. Al, how serious is this storm well, lester, we havent seen a Tropical Storm make landfall in Southern California since 1939 this is a rapidly intensifying storm, already a category 2, with 110mileperhour winds. Its moving northwest at 14 Miles Per Hour the water temperature, six degrees above normal so, this could be a category 4 by storm at noon it hits a pool of colder water right along the shoreline, but that could help waken it, bring it down to a two, and then i landfall, but it could still maintain its tropical characteristics, and that could be a big, big problem. Heavy rain and winds locally, lester, five to eight inches of rain and the month of august is the driest month in Southern California they get no rain, so, this could be big problems. All right, and separately, youre keeping a close watch on wildfires in canada. Absolutely. Weve got over 1,000 wildfires burning right now, and the smoke forecast brings that from winnipeg, all the way down into chicago, where we could be looking at 12 Million People at risk for that canadian wildfire smoke, and if they are in that sensitive group, it could be very, very unhealthy, lester, for the next 24 hours. All right, al, thank you. And tonight, authorities in atlanta are on high alert, after personal information of grand jurors who voted to indict former President Trump was posted online, leading to threats Garrett Haake is in atlanta. Garrett, good evening. Reporter lester, the Fulton CountySheriffs Office says theyre working with other area Law Enforcement to respond to these threats, and ensured the safety of grand jurors, whose names and addresses have been posted now on a fringe website. One user of that site posting that the jurors, quote, signed their death warrant, by voting to indict donald trump on monday this comes as a texas woman was arrested and detained for threatening the life of the federal judge overseeing mr. Trumps other election interference case in washington no word tonight on when mr. Trump will surrender for processing on the charges against him here in atlanta. That deadline, lester, is next friday Garrett Haake, thank you. In mississippi, a shocking turn tonight in the attempted murder trial of two white men accused of chasing and shooting at a black fedex driver the judge declaring a mistrial jesse kirsch has details. [ bleep reporter tonight, outrage in mississippi. A judge declaring a mistrial in the case of two white men accused of trying to murder dmonterrio gibson, a black fedex driver who had just made a delivery and with great reluctance, the court has no choice in this matter but to grant the motion for a mistrial [ bleep ]. Reporter gibsons mother escorted from court today, after judge david strongs ruling, a day after a Police Officer admitted to withholding evidence Brookhaven Police detective Vincent Fernando saying under oath that authorities had taken a videotaped statement from gibson, but did not share it with either the defense or prosecution, as was required the failure to turn over matters in discovery is just something that cant be ignored in 17 years, i dont think ive ever seen it happen. But it happened here a mistrial is a major hiccup for the prosecution, but all in all, a second trial really saps the resources of the defense more than the state. Reporter Brookhaven Police have not responded to nbc newss request for comment. Gibson says in january 2022, he made a delivery in his fedex uniform and was driving a hertz van with the rental companys markings, when gregory case and his son brandon allegedly chased and shot at him. Gregory cases Attorney Says his client only planned to ask the driver what was happening outside his motherinlaws home, but the driver did not stop gibson believes he was chased because hes black. In a statement tonight, gibsons attorney calling the mistrial a delay in justice, calling on the department of justice to investigate the Brookhaven Police department jesse kirsch, nbc news. There is breaking news tonight from northern california. The fbi arresting Police Officers in the bay area accused of criminal conduct. Erin mclaughlin is following this erin, what do we know . Reporter lester, in what the antioch mayor is calling a dark day for the city, this morning, the fbi arrested a number of officers in a series of raids across the east bay. The product of an 18month investigation into alleged criminal conduct by at least nine Law Enforcement officers from antioch and pittsburg, including racist texts discovered on seized cell phones. Unsealed just now, the officers have been charged in four separate federal indictments. Charges ranging from the deprivation of rights and conspiracy to wire fraud. One 30page indictment points to disturbing communications, including an officer who bragged that his police k9 bit at least 28 people. The officers have yet to enter a plea. Lester erin mclaughlin, thank you. Tonight, alarming signs that russia has supplied north korea with a new missile that could evade u. S. Missile defenses, and hit multiple american targets. Andrea mitchell has this exclusive group andrea, what is this new north korean weapon . Reporter lester, according to a new study from beyond parallel, reported first by nbc news, this new north Korean Missile tested in july is nearly identical in appearance and trajectory data to a Russian Missile that can penetrate u. S. Missile defenses, and carry multiple warheads as far as here in washington. Two weeks after that test, russias defense minister met with kim jongun in north korea to further cement their ties russia was already helping north korea with energy and food, and north korea has been providing russia weapons for ukraine. All of this will be part of tomorrows camp david summit, when President Biden hosts the leaders of south korea and japan to discuss the growing threats in the region. Lester all right, andrea mitchell, thank you. Also tonight, russia staking its claim in a new space race, to the moon and mars a russian probe expected to land on the moons south pole any day now, in an area that could be critical for the future of exploration beyond the moon heres tom costello. Reporter now orbiting the moon, luna25 is russias first robotic Lunar Mission in nearly 50 years russia never landed cosmonauts on the moon, but within days, luna will be the first probe to land on the moons south side, working to confirm the presence of frozen water, which could one day be used for rocket fuel the head of russias Space Agency Says the moon could be the launching pad to explore distant planets, including mars russia has Just Launched a probe to land on the south pole reporter nasa chief bill nelson says that ice is why the u. S. Plans to land artemis astronauts in 2025, but china is also aiming for the pole i dont want china to get to the south pole first with humans and then say, this is ours, stay out. Reporter is this starting to feel real . Thats real thats it. Its starting to feel very, very real reporter at the Kennedy Space center, the artemis2 astronauts, the first crew that will orbit the moon since apollo, have now inspected th orion spaceship that will take them there next year were all smiles, of course. Its a pretty inspiring moment reporter nasas goal similar to what russia and china are planning ultimately, nasa wants to create an Artemis Base Camp on the moon, and use that to go to mars tom, i think the space race is really between us and china, and we need to protect the interests of the international community. Reporter nelson insists the u. S. Would never lock out others, but the new space race is accelerating. Tom costello, nbc news, at the Kennedy Space center in 60 seconds, smash and grab robberies at wellknown stores. The impact on the price you pay, and how one big city is trying to fight back, right after this californias governor says hes tripling Highway Patrol resources in los angeles to crack down on the recent string of smash and grab robberies at retail stores. It comes as the city announced it is forming a task force. Heres antonia hilton. Reporter today, a major step forward to help fight brazen crimes like these in los angeles. Where scenes of smash and grab robberies have become all too familiar most recently at nordstrom, where a mob used bear spray to disarm security. These are not victimless crimes. Reporter the mayor of los angeles announcing a Retail Crimes Task force is now in effect. Focused on thieves, but also, on the getaway drivers and resellers. Our message is clear. Those who commit these crimes will be caught. Reporter its part of a troubling nationwide trend. Eight in ten retailers have reported increased incidents of violence and aggression this year Rachel Michelin is ceo of the california retailers association. It feels a little bit like were under assault. Reporter experts say, for every robbery seen at major retailers, theres a Small Business getting hit, too retailers now demanding lawmakers increase consequences. Do you think this new task force will have an effect . Im hopeful that it will have an impact, but candidly, i dont think anything will truly change until were willing to have a difficult decision about, how do we change some of the policies on our books . Reporter just two days ago, several stores here on rodeo drive were hit and incidents like these are costing retailers billions of dollars. Retailers warn, consumers will pay the price, too they will see prices go up they will see stores close. And i dont think any of us want to see that happening. Reporter antonia hilton, nbc news, los angeles. Up next here tonight, with covid cases rising, we ask the cdc director how to protect yourself, and when to get boosted. Covid is making a comeback this summer so many of us would like to leave it in the past, but cases are once again on the rise so, when will new booster shots roll out Anne Thompson asked the cdc director reporter this summer, most americans left covid in the past gathering together once again maskfree. But tonight, signs of a covid resurgence across the country, covid hospitalizations jumped more than 14 in the most recent week, but far lower than pandemic levels nbc news medical contributor dr. Kavita patel whats behind this uptick in covid that were seeing the main driver of this is a variant thats relatively newer to the scene, eg5 its easier to give and get, so, that makes it kind of easier to pass along its been almost a year since the last covid booster came out. Cdc director dr. Mandy cohen. The new covid booster is expected to be approved by the fda and then we will make recommendations from the cdc probably by the second or third week of september. Reporter will it protect against this new strain yes the booster is tailored to what we are seeing circulating now. Reporter critics say the federal government is behind once again people knew there was going to be a covid resurgence, so, why dont we have a booster today, why do we have to wait until next month the way we go about doing our just like we doe with our flu shots, right, we make sure that were looking at the ways in which the virus changed. They look and evaluate that the fda is doing its work we likely will see this as an annual covid shot, just like the flu shot reporter just in time for fall, when well also face rsv. Can you take the flu shot, the covid booster, and the rsv vaccine all at once . So, for flu and covid, yes rsv, again, is only available for older adults thats one where id say, talk to your doctor about whats right for you. Reporter so, until the new covid booster comes, get prepared. Stock up on athome tests, they do cover that new strain. Keep a mask handy, in case youre in a crowded place, and most of all, get your shots, covid, flu, and rsv, all by halloween, to give yourself your best chance of staying healthy. Lester a reminder that covid never went away. Anne, thank you. Coming up, a high note for two Young Brothers with a passion for music. Finally, we want to tell you about the two Young Brothers with big imaginations who have inspired their very own symphony heres kathy park. Reporter julian and Harrison Ryan share a special bond when theyre together, what are they like . Julian just enjoys whatever harrison is doing at the time reporter with julian, you can often see and feel what hes thinking through his emotions he wakes up laughing, with a huge smile on his face reporter born with a brain malformation, julian cant communicate using words, but oftentimes, music takes him to another level. And thats where sing me a story comes in. The nonprofit connects the talents of musicians and songwriters with the creativity of children. We were the fastest cheetahs in the world reporter harrisons imagination took him and his brother on an epic adventure. Their story made its way onstage, but not just any stage reporter jazz mu