breaking news in america this morning, a major development in the impeachment investigation. the first current white house official is now set to testify. he's a decorated army officer. what he's expected to reveal today about president trump. we have his opening statement. plus, the new decision by nancy pelosi and the vote now set for this week. also happening right now, the fire emergency up and down california. the astounding new number, 330 fires in one day. more evacuations, more blackouts, why the worst could still be ahead. the cruise ship tragedy. a little girl falls out a window, plunging to her death. her family now outraged as authorities announce they're charging her grandfather with

her death. the hero dog, what we're learning about the canine that played a crucial rule in the military raid that took out the leader of isis and why the dog's name will stay classified. plus from the new legal battle over popeye's chicken sandwich to female fans banned from the world series for showing too much enthusiasm to the controversy surrounding sean spicer's performance on "dancing with the stars." all the trending stories to start your tuesday. ries to start your tuesday. good tuesday morning, everyone. thank you for joining us. i'm kenneth moton. >> i'm kaylee hartung in for janai norman. we begin with breaking news overnight from the impeachment investigation. the first current white house official is now set to testify on capitol hill. >> he says he was listening to president trump's phone call to ukraine. lieutenant colonel alexander vindman is poised to tell house lawmakers today that he was so concerned about pressure the president was putting on ukraine to investigate the bidens that

he complained to a white house lawyer. >> this comes as democrats set the stage for public hearings. abc's elizabeth hur has the new details. good morning, elizabeth. >> reporter: kaylee and kenneth, good morning to you. that army officer prepared an opening statement that is six pages long and in it he notes that he is not the whistle-blower but he did hear that july phone call firsthand and he's testifying today out of a sense of duty. this morning, impeachment investigators set to hear testimony from the first current white house official, lieutenant colonel alexander vindman, who served as the national security council's director of european affairs. according to a copy of his opening remarks obtained by abc news, vindman says he was in the situation room with colleagues and staff from vice president pence's office when he listened in on president trump's july phone call to ukraine. vindman says, quote, i was concerned by the call. i did not think it was proper to demand that a foreign government

investigate a u.s. citizen. following that call vindman says he reported his calls that the president was investigating joe biden. in his remarks he explains that he is testifying today voluntarily because, quote, i am a patriot and it is my sacred duty and honor to advance and defend our country irrespective of party or politics. >> the impeachment of your president is a scam. >> reporter: president trump meanwhile in chicago monday blasting the impeachment probe as speaker nancy pelosi announced the house will hold the first formal vote on thursday to outline the next steps in the impeachment process including procedures for public hearings. for weeks republicans have been pushing for public hearings and the white house responded with a statement calling the impeachment proceeding conducted so far unauthorized and the closed door depositions illegitimate. kenneth. >> elizabeth hur, thank you. a major court ruling ahead of next year's election. judges in the swing state of

north carolina have ruled the state's congressional map must be re-drawn before the 2020 primary election. the ruling is viewed as a win for democrats who accused republicans of illegally redrawing district lines to retain more house seats. republicans deny it was illegal and could now appeal. to the fire emergency in california. one major firing burning in sonoma county threatening nearly 100,000 buildings. the other is in los angeles where a swath of land stretching from a busy freeway to the pacific ocean has been evacuated. this morning the relentless fire fight in california. >> just in the last 24 hours cal fire has put out 330 fires in the state. >> flames have burned off the most expensive real estate in the country near los angeles. the getty fire has charred hundreds of acres pushed by winds of up to 60 miles per hour. tens of thousands were forced to evacuate. >> you had to be evacuated from

your home last night. >> that's nothing for an action correct? >> that's nothing for an action hero. >> including celebrities like arnold schwarzenegger and lebron james. the southbound lane of one of the busiest freeways in the country, the 405, was shut down for hours. from l.a. to the pacific ocean. >> this is one of the most traveled areas in our area, in the country. and to see nobody on this roadway is almost a shocking sight. >> reporter: the fire given its name because it threatened the getty center, one of the most famous museums in the world. this morning museum officials say the art inside is not being moved and the building is safe thanks to efforts by firefighters and because the building was built to withstand intense fires with a metal exterior and walls. further north, the kincaid fire has burned 75,000 acres and is threatening 90,000 buildings. this newlywed couple was given a picture perfect moment during their photo shoot.

>> i was thinking of american gothic, the 1930s painting. that was the regular normal of american life at the time and all of a sudden in a very strange way this has become our new normal. >> reporter: officials say power lines may have started two fires in the bay area. despite the widespread blackouts intended to prevent just that. now pg&e has announced a new round of blackouts today with 600,000 customers set to lose power in dozens of northern california counties. the governor voicing his frustration overnight saying a major investigation will now look into the power shutoff process. >> this cannot be the new normal. we cannot absorb this year after year. we have experienced ten of the worst fire seasons in california's history just since 2015. >> in southern california winds are expected to ramp up again tomorrow and could be the worst of the season. overnight officials said the getty fire may have been caused by a downed tree limb hitting a power line. the ceo of boeing is expected to be grilled on capitol hill today.

he's expected to acknowledge that his company made mistakes with the 737 max jets which have been grounded for months after two deadly crashes. the crashes have been linked to the flight control system. lawmakers plan to ask the ceo why issued with that system were not identified before the plane flew and they also want to know about production and profit pressures inside boeing. overseas u.s. special operations forces carried away a trove of intelligence after that raid in syria that took out isis leader abu bakr al-baghdadi. american officials say baghdadi's remains were buried at sea. two of his fighters who were in the compound are now in u.s. custody. they may be able to provide crucial information about the future of isis. abc's martha raddatz has more on the coordinated effort behind the raid. >> reporter: the raid had been in the works for weeks but a senior u.s. official telling me that because of the withdrawal of u.s. troops they had to do it now. of course our kurdish partners in the fight against isis who we are now essentially leaving on

their own in syria were key players in the operation. >> baghdadi's likely successor, the spokesman for isis, was killed in a separate air strike. time now for a look at your weather for this tuesday morning. good morning. while southern california gets a little bit of a break from the gusty winds, they're picking back up across central and northern california. we're talking gusts up to 70 miles per hour leading to that high fire threat once again. we've got a deep trough across the interior west bringing more snow to the rockies. we're talking 6 to 12 inches of snow on top of what we've already seen around the denver area. in the mountains west of town, there could be some spots that pick up two feet of new snowfall. i'm accuweather meteorologist adam del rosso. coming up, the halloween costume controversy. does a new bride costume go too far? first a college student takes his own life before

graduation. should his girlfriend be held criminally responsible? and later, new details about the military dog injured during that raid against isis. why the dog's name is staying classifi

we're back with an unwanted visitor on the second floor of this hotel in gatlinburg, tennessee. the town is outside the great smokey mountains national park, and the bears stroll along rooms on the first floor but everyone kept their distance and no one was hurt. a former college student has been charged with involuntary manslaughter after the suicide of her boyfriend. alexander urtula jumped to his death just 90 minutes before he was set to graduate from boston college. prosecutors say 21-year-old inyoung you was physically and verbally abusive and encouraged him to take his own life.

they say in two months alone, she sent him 47,000 text messages. >> ms. you made demands and threats with the understanding she had complete and total control over mr. urtula, both mentally and emotionally. ms. you was tracking his location as she frequently did on her phone. she went to the garage and in fact was present when mr. urtula jumped to his death. >> the girlfriend is no longer in the u.s. she returned home to south korea but prosecutors are hopeful that she'll be extradited. engineers say a sinkhole that nearly swallowed this bus in pittsburgh could take two months to repair. two people were onboard, one suffered minor injuries. two cranes were used to lift the bus out of the hole last night. and the coast guard is showing off more than 19 tons of cocaine and marijuana seized recently in international waters. the cocaine has a street value of $367 million. the marijuana is worth about $10 million. agents offloaded the drugs on monday in ft. lauderdale,

florida. police are reminding parents to check their children's halloween candy after a new jersey mother found heroin in her son's bag of treats. police say the candy was collected at a so-called trunk or treat event where people gave out candy from the trunks of their cars. and a costume controversy at kmart this halloween. the store was selling a wedding dress and veil for girls ages 4 to 6. an online petition asked the company to pull the costume, saying it promoted forced child marriage. kmart apologized but now there's a counterpetition calling for the costume's return. coming up, the women banned from the world series after bearing it all for their favorite player. first, the new surveillance video in the search for a missing college student. and tragedy on a cruise ship. a little girl dies after falling from a window. is her grandfather to blame? what authorities have decided. cided. copd makes it hard to breathe. so, to breathe better, i started once-daily anoro. ♪ go your own way copd tries to say, "go this way."

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>> too late. they start shooting in a week. >> i'm going to make him an offer he can't refuse. "the godfather" was one of the classics produced by hollywood legend robert evans, who has died at the age of 89. he also worked on "chinatown" and "love story" among many others. >> evans was also famous for his own love stories. he was married and divorced seven times. we turn now to the man facing charges after his granddaughter's death on a royal caribbean cruise ship. police in puerto rico have arrested the grandfather of a 2-year-old who fell out of a window. >> her family calls it a tragic accident. they say the arrest is only pouring salt on their wounds. this morning a grandfather is now facing criminal charges in a cruise ship tragedy. 2-year-old chloe wiegand fell to her death from a royal caribbean ship in july when it was docked in san juan. the toddler from indiana plummeted 11 stories from the children's area of the ship. now puerto rican authorities have arrested chloe's grandfather, salvatore anello, for neglect manslaughter saying

chloe fell when he raised her up to an open window. >> really in a lot of ways i think it's salt on the wounds on the family who are still grieving. >> chloe's parents are defending her grandfather. they say chloe fell after he lifted her up so she could bang on the glass which she often did at her brother's hockey games. the wiegands say anello had no idea the window was open. >> he was extremely hysterical. the thing he has repeatedly told us is, i believed there was glass. he will cry over and over. >> at the time of her death, royal caribbean said it was helping local authorities conducting the investigation. the wiegands say the cruise line should have done more to ensure the safety of the ship's youngest passengers. >> the focus of the family is there's still so many unanswered questions, the primary one being why is it that you would leave an open window in this wall of windows in a kids area. >> chloe was the daughter of a police officer in south bend, indiana.

this morning the police union there calls the grandfather's arrest appalling, saying it does nothing but re-victimize a family who experienced a horrific loss. >> why are you going to charge him with a misdemeanor when you already know he's been through such a terrible trauma? everybody on earth agrees this was an accident. everybody knows there was no intent involved. so it sort of begs the question why. >> anello was held on $80,000 bond. the cruise line released a statement calling the girl's death tragic but said it would not comment further. newly released video shows an alabama college student just before she was reported missing last week. 19-year-old aniah blanchard is seen on this store surveillance camera. the video also shows her driving away in her suv. that vehicle has now been found with dents and scratches. her father says she would not take off without telling anyone. >> she was a very organized young lady. she would get up in the morning real early, and she would go to bed kind of early. she would not leave. >> on the night she disappeared, aniah sent a text to her roommate saying she was out with a man. that was also the last time her

debit card was used. country singer ned ledoux and his wife are mourning the death of their 2-year-old daughter. they say she died after a choking accident at the family's home in kansas. medics were called to the home but were not able to resuscitate her. the family shared the news on facebook. in sports, it was a slow start for the steelers against the dolphins last night after falling behind by two touchdowns. pittsburgh's scored the game's final 27 points to keep the dolphins winless this season. pittsburgh's james conner got a face full of turf in the fourth quarter. he later left the game with a shoulder injury. the astros can win the world series in game six tonight. some fans won't be at the game, these three women who flashed their breasts while standing behind home plate sunday in washington. they've now been banned from major league games. >> we were escorted out by security. >> from what i saw, it was about breast cancer awareness so i

think that's a good thing. >> the women confirmed their intention was to raise awareness about breast cancer. they were not charged. up next in "the pulse," former white house press secretary sean spicer is still dancing. also, what we're learning about the military's most elite dogs after that raid that took down the leader of isis. and the new legal battle over popeye's very popular chicken sandwich. over popeye's very popular chicken sandwich. heumatoid arth. because there are options. like an "unjection™". xeljanz xr, a once-daily pill for adults with moderate to severe ra for whom methotrexate did not work well enough. xeljanz xr can reduce pain, swelling and further joint damage, even without methotrexate. xeljanz can lower your ability to fight infections like tb; don't start xeljanz if you have an infection. taking a higher than recommended dose of xeljanz for ra can increase risk of death. serious, sometimes fatal infections, cancers including lymphoma, and blood clots have happened. as have tears in the stomach or intestines, serious allergic reactions, and changes in lab results.

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and clorox wipes don't. lysol. what it takes to protect. ♪ time to check "the pulse," and we begin with the hero u.s. military dog that helped to hunt down the leader of isis. the dog was injured but is already back on duty. >> the dog's name is not being released. president trump declassified a picture of the dog, though. it's a belgian malinois, which is the same breed that took part in the raid that killed osama bin laden. they're a top choice for military dogs because of their keen sense of smell, speed, and intelligence. >> but the dog's name will not

be declassified out of concern it would give away the delta force unit it belongs to. that dog is pretty special. already back on duty. >> pretty incredible. next, another surprise elimination on "dancing with the stars." >> the real surprise is who wasn't eliminated. former white house press secretary sean spicer survived another week despite getting the lowest score on the show's halloween night. >> spicer and his partner did the jive to the monster mash, scoring even lower than last week, just 18 out of 30 points. but after a team competition and the fan vote, spicer was safe. the judges ended up sending karamo brown home instead. the fan vote for sean spicer is what is keeping him in this competition. >> that is what's keeping him alive. >> week after week. >> and you mentioned the lowest score there. 6s on halloween night. three 6s. you know what i'm talking about. next to the legal battle over popeye's popular chicken sandwich. a tennessee man is suing the company for running out of

sandwiches. >> you can't make this up. he's seeking $5,000 in damages because he claims he suffered emotional damages and wasted time. he also says his car was damaged after driving back and forth to different restaurants. >> yeah. he said his rims were messed up and that his friends were laughing at him. a trial date is now set for january 8th. the chicken sandwich is coming back out soon. what if he still goes and gets the sandwich while waiting on the trial date? >> do you think jury selection comes down to whether or not you had a popeye's chicken sandwich? >> will this louisiana resident be on the jury? >> finally get one. >> will you be on the jury and will you get a sandwich? those two things i want to know. finally, get a load of this winning costume in a contest in wisconsin. >> the north shore academy of gymnastics took top honors by dressing up as a roller coaster. note, everyone was properly strapped in. >> thank goodness. it is the second year in a row this group has won the costume contest. i love this. >> they are great.

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low sugar. mmmm, birthday cake! pure protein. the best combination for every fitness routine. that breaking news at 4:27, here we go again. more wind is coming today and with it more deliberate power blackouts less than three hours away in the north bay. racing to make progress, fire crews raced to gain ground against the exploding kinkade fire. with the winds comes another wildfire warning. >> it is tuesday, october 29th. we're glad you are waking up with us. we know you're checking the winds. we have very light winds variable around 5 miles per hour here and there. we head deeper into the

forecast, let me jump into that and show you what's going on. this is the wind forecat. you can see it moving offshore as we head to 8:00 this morning. look as we head through the afternoon hours up around napa and fairfield and discovery bay especially at the 8:00 hour. that will spread to fremont and over to half moon bay. waking up tomorrow morning critical fire conditions for two-thirds of the state. it rapidly tapers tomorrow afternoon. let's take a look at what's going on with the red flag warning. nothing has changed since last night. it begins at 8:00 tomorrow. this morning in the north bay at 1:00 for the east bay and the peninsula. now it goes through 4:00 tomorrow morning. we'll talk more about that coming up. first back to you. pg&e is preparing for yet another round of public safety power shutoffs. an offshore wind event will

force them to cut the power to 596,000 customers statewide starting at 7:00 this morning. part of the sonoma, napa, and solano counties will lose electricity. san mateo, alameda and contra costa counties may be affected around 11:00 tonight. now i want to bring up the current outage map here as we change pages for everyone. thousands of customers are currently remaining without power after the power shutoffs on saturday this is going to be another difficult round for everyone. reporting live in the studio, jobina fortson, abc 7 news. in a few hours parts of the north bay will be out of power again after it just got restored. >> report er lauren martinez where this back and forth is having an impact, lauren. >> reporter: it really is, liz and kumasi. we're at the whole foods in mill valley.

pg&e says this power shutoff could affect marin county residents that have been without power since saturday evening. that means some residents have been without power for 72 hours. now in orinda bill staggs says the constant fluctuation in outages makes it really hard to run a business. they've lost more than $50,000 in revenue. he says it's been hard on their employees. >> as it stands now this huge state of unknowing and anxiety i think has a profound effect on people not only business wise by emotionally. >> i don't think many businesses can survive being shut down for five days. i mean, the amount of income we lost is well over $40,000. >> reporter: pg&e is projecting more than 19,000 residents within marin county will be affected. the utility company provided a time line of when the