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Tonight, Hawaii officials defending their decision not to sound the emergency sirens as the death toll from the wildfires climbs higher. More than 110 people now dead in the Maui fires. Hawaii's attorney general today announcing an independent investigation into the response. And Maui's emergency chief speaking out for the first time. Why he says they didn't activate the sirens. And the video is showing downed power lines that may help spark the fires.

Our team on the ground in Hawaii. Also tonight, Hurricane Hillary forming in the Pacific, taking rare aim at the southwest. And California, a state that hasn't seen a direct hit in 84 years. Al Roker is here. The Georgia grand jury that indicted former President Trump receiving threats to an investigation the sheriff announced today. The stunning turn in the trial of two white men charged with shooting at a black FedEx driver in Mississippi.

The victim's mother storming out of the courtroom after the judge declares a mistrial. Why he did it? The FBI arresting multiple police officers in raids in California. There were alleged racist texts. The new warning on North Korea is Russia giving Kim Jong un nuclear missile technology? And striking a chord. The brothers who inspired an orchestra to bring their story to life.

This is NBC Nightly News with Lester Holt.

Good evening and welcome, everyone. Resident and survivors of the deadly inferno on Maui are getting some answers to some of those growing questions about the adequacy of the official response to the disaster, but not necessarily answers they accept, including why sounding warning sirens would have been a bad idea. There were some testy moments when the island's top disaster official took questions at a public meeting, defending what was and in some cases, what wasn't done.

And now tonight, Hawaii's attorney general says she will bring on a third party private organization to investigate the government response, promising an impartial, independent 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 in on Maui is where we start again tonight with Tom, Janice and Tom.

People are really calling for accountability here.

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 AG, 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 1000 still unaccounted for as the head of Maui's 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 and so many people said they could have been saved.

But when follow up questions were asked, this happened. I saw.

Flames. You want to give me the answer? And I want to. I want. Let me let him finish his answer.

Sorry if there's a lot of people are your thoughts on.

It or let him talk. If you want to talk, come up here.

Even though the sirens are all hazard systems, Herman and Dyer maintain they are primarily used for tsunamis.

Having sounded the siren that night. We afraid that people would have gone mauka and if that was the case, then they would have gone into the fire.

The sense of frustration on Maui lingers. Just like the smoke. It's got to this point where it's like, Who are these people watching us? Do they even properly care for us? High winds, dry conditions and low humidity are being called the climate threat. Multiple fires 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 the deadly 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 or 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 their own.

Is not good.

But now some are also blaming the power company for slowing the evacuation. Coal Millington shot this video as the flames approached. There is a mass evacuation occurring and we are trying to get to safety and it extremely hindered the chances and the speed at which we are evacuated. All of this as hope has faded for some families.

You'll really love Lahaina.

Alfredo Galindo lived in Hawaii for more than 30 years. He had an aloha for everybody, his family told me. And now he's gone. What do you remember?

I was actually last month. I took him to Vegas for the four two July. I was going to go for the actual birthday. Now he's gone. But that's my best memory with him.

And now, balancing all this suffering against financial need, there is tension over tourism. Visitors account for roughly 70% of Maui's economy. So you want the tourist 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. So many people are looking at the rubble and worrying, can there be a future in West Maui?

We're going through fertility treatments. I want to have a baby and I don't have a community anymore.

A disaster that's already stolen lifetimes and threatens to last for generations. Tom Diamond, NBC News, Maui.

In Southern California, we're watching the threat of heavy rain and flash flooding as Hurricane Hillary now in the Pacific Gulf of Mexico moves northwest. Al Roker is with us now. How serious is this storm?

Well, Lester, we haven't seen a tropical storm make landfall in southern California since 1939. This is a rapidly intensifying storm, already a Category two with 110 mile per hour winds. It's moving northwest at 14 miles per hour. The water temperatures six degrees above normal. So this could be a Category four by tomorrow at noon. It hits a pool of cold water right along the shoreline.

But that could help weaken it, bring it down to a two and then it makes landfall. But it still could retain its tropical characteristics and that could be a big, big problem. Heavy rain and winds locally, lester, 5 to 8 inches of rain and the month of august is the driest month in southern california. They get no rain.

So this could be a big problem.

All right. And separately, you're keeping a close watch on wildfires in Canada.

Absolutely. We've got over a thousand 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 that sensitive group, it could be very, very unhealthy last year for the next 24 hours.

All right, now, 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 Haik is in Atlanta. GARRETT Good evening.

Lester, the Fulton County Sheriff's Office says they're working with other area law enforcement to respond to these threats and ensure the safety of grand jurors whose names and addresses have been posted now on a fringe Web site. One user of that site posting that the jurors, quote, signed their death warrant by voting to indict Donald Trump on Monday.

Now, this comes as a Texas woman was arrested and detained for threatening the life of the federal judge overseeing Mr. Trump's 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 Hey, 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. Jessie Kersh has details.

Tonight, outrage in Mississippi. A judge declaring a mistrial in the case of two white men accused of trying to murder dime Ontario. 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.

Oh, wow. Gibson's mother escorted from court today after Judge David Strong's 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 and discovery is just something that can't be ignored. In 17 years, I don't think I've 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. Brookhaven Police have not responded to NBC News request for comment. Gibson says in January 20, 22, he made a delivery in his FedEx uniform and was driving a Hertz van with the rental companies markings.

When Gregory Case and his son Brandon allegedly chased and shot at him, Gregory, Casey's attorney, says his client only planned to ask the driver what was happening outside his mother in law's home. But the driver did not stop. Gibson believes he was chased because he's black. In a statement tonight, Gibson's attorney calling the mistrial a delay in justice, calling on the Department of Justice to investigate the Brookhaven Police Department.

Jesse Kersh, 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 area. And what do we know.

Lester? And 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 18 month investigation into alleged criminal conduct by at least nine law enforcement officers from Antioch and Pittsburgh, including racist texts discovered on seized cell phones.

According to court documents 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. 130 page indictment points to disturbing communications, including an officer who bragged that his police K9 bid 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 report. Andrea, what is this new North Korean weapon?

Last year, 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, as Russia's defense minister met with Kim Jong un 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 tomorrow's 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 is staking its claim in a new space race to the moon and Mars. A Russian probe expected to land on the moon's south pole any day now in an area that could be critical for the future of exploration beyond the moon. Here's Tom Costello.

Now orbiting the moon. Luna, 25, is Russia's 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 moon's south side, working to confirm the presence of frozen water, which could one day be used for rocket fuel.

Start to replace ship.

Ahead of Russia, 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.

Now, Sir Chief Bill Nelson says that ice is why the U.S. plans to land artemus astronauts in 2025. But china is also aiming for the pole.

I don't want china to get to the south pole first with humans and then say this is ours.

Stay out. It's the starting to feel real. That's real. That's it. As it's starting to feel very, very real. At the Kennedy Space Center, the Artemis is two astronauts. The first crew who will orbit the moon since Apollo. Have now inspected the Orion spaceship. That will take them there next year. We're all smiles, of course.

It's pretty it's pretty inspiring moment.

NASA's goal similar to what Russia and China are planning. Ultimately, NASA's wants to create an optimist 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 interest of the international community.

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. Robert, you said well-known stories, the impact on the price you pay and how one big city is trying to fight back. Right after this. California's governor says he's 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.

Here's Antonia Hilton.

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's, where a mob used bear spray to disarm security. These are not victimless crimes. 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. It's 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 we're under assault. Experts say for every robbery seen at major retailers, there's a small business getting hit, too.

Retailers are now demanding lawmakers increase consequences. Do you think this new task force will have an effect? I'm hopeful that it will have an impact. But candidly, I don't think anything will truly change until we're willing to have those difficult decisions about how do we change some of the policies on our books. 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 don't think any of us want to see that happening. Antonia Hylton, NBC News, Los Angeles.

Up next here tonight, with COVID cases rising, we asked the CDC director how to protect yourself and when to get busted.

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? And Thompson asked the CDC director this summer.

Most Americans left COVID in the past, gathering together once again mask free. 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. What's behind this uptick and COVID that we're seeing? The main driver of this is a variant that's relatively newer to the scene, e.g. five.

It's easier to give and get. So that makes it kind of easier to pass along. It's 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.

We will protect against this new strain. Yes, the booster is tailored to what we are seeing circulating now. Critics say the federal government is behind once again. People knew there was going to be a COVID resurgence. So why don't we have a booster today? Why do we have to wait until next month? The way we go about doing our just like we do with our flu shots, right.

We make sure that we're looking at the ways in which the virus changed. They look at and evaluate that the FDA is doing its work. We likely will see this as an annual COVID shot, just like the flu shot just in time for fall. When will 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. That's one where I'd say, talk to your doctor about what's right for you. So until the new COVID booster comes, get prepared. Stock up on At-Home tests. They do cover that new strain. Keep a mask handy in case you're 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.

Or that COVID never went away. And 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. Here's Cathy Park.

It. Julian and Harrison Ryan share a special bond when they're together. What are they like? Julian just enjoys whatever Harrison is doing at the time. With Julian, you can often see and feel what he's thinking through his emotions. He wakes up laughing with a huge smile on his face. Born with a brain malformation, Julian can't communicate using words, but oftentimes music takes him to another level and that's 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. Harrison's imagination took him and his brother on an epic adventure. Their story made its way on stage, but not just any stage.

Jazz musicians and members of the Detroit Symphony Orchestra turned their words. Julian and I were back in the backyard into a one of a kind song, and the kids had no idea. What do you think is going to happen in the next few minutes? I don't know.

It was almost this overwhelmed work that Harrison had on his face where he just realized, this.

Is my story. This is really happening right now.

And right by his side, his brother taking it all in to.

Even being able to impact just two or three people in a room. Sometimes that's more meaningful than playing a concert in front of thousands of people.

My brother John will forever and always be my friend, you know, change for us. A surprise his brothers will never forget as he look toward the next adventure. Kathy Pak, NBC News, Detroit.

Now, that is beautiful music. That's nightly News for this Thursday. Thank you for watching, everyone. I'm Lester Holt. Please take care of yourself and each other. Goodbye.

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