found an empty apartment. shear video of sergeant tom smith, the officer killed yesterday. this is from an old bart press conference we had on file. he supervised the officer who shot him so he was supervising the officer at scene. they were at the apartment complex to search the unit of a suspect who had been arrested for robbing passengers on the bart trains. the officers walked in with guns drawn and investigators are still trying to figure out why one gun went off and hit sergeant smith. >> you have to understand how devastated he is at this point. this was certainly not his intent. you can only imagine the heartbreak that officer has at this time. >> this is smith's wife, also a bart officer. the couple has a young daughter.

sergeant tom smith was in charge of bart's investigative unit and was a 20-year veteran. as kristen pointed out, this is the first death of a bart police officer in the agency's history. reporting from dublin, amy hollyfield. governor brown issued a statement say he and his wife were saddened to learn about sergeant smith's death and says sergeant smith's family, friends and colleagues are in our thoughts as we on his service during the painful time. the flags are friend at half staff. a somber scene where family and friends stopped by to pay their respects at sergeant smith's home where he lived with his wife and daughter. our reporter smoke with neighbors and family. >> the procession was short, solemn, and powerful as the body of sergeant tom smith was moved from the medical center in castro valley and then fellow officers and a chaplain gathered for a prayer service outside the hospital.

the tragic shooting not only devastated the police community but, also, the san ramon neighborhood where smith lived with his wife, kelly, also a bart police officer. they have a young daughter. >> a phenomenal guy in every sense of the word. phenomenal. family man. has a young daughter. wife. both husband and wife are officers for bart. >> he remembers smith playing his daughter in front of their home and walking his police dog. >> i heard on the radio on the way here that a bart police officer was shot by accident and the first thing i thought of, tom and his wife, kelly, because they are both bart police officers and i figured they must know what happened. >> then, the worst possible news. >> heavy heart that i have to announce the tragic loss of the first officer killed in the line of duty in the history of the bart police department. >> tough.

devastated. devastated. >> stay with abc7 news for continuing coverage of the bart officer's death on air and online. can you get updates on our website at abc7news.com or twitter@abc7newsbayarea. authorities are investigating a fatal c.h.p. shooting in east oakland last night after a chase^. a suspect was shot by an officer around 9:00 p.m. near bancroft avenue. officers say it started when they tried to pull an s.u.v. over. one of the passengers tried to run and turned at the officer with a gun were the officer shot the suspect who died at the seen. investigators say a loaded gun was found and the driver of the s.u.v. took off and police are looking for the driver and other passengers in the s.u.v. a c.h.p. dog was also hit by gunfire in the shooting but it is expected to survive. happening today a march is

held in santa rosa to mark the three-month anniversary of the fatal shooting of 13-year-old andy lopez. a vigil is held at a memorial site where lopez was shot by sonoma county sheriff deputy, democrat, while carrying a toy gun. community members are pushing for a permanent park with his name to replace the makeshift memorial. one of the four san jose state students charged with hate crime and battery against a black roommate in the fall is set to be arraigned. yesterday, a santa clara superior court judge said that she will consider the cases against three of the young men on march 4: 19-year-old joseph bomb gardner pleaded not guilty and colin warren will plea this morning, another student has not been identified because he was a minor when charged. all four have been suspended from san jose state. students at a san jose high school will be dying their hair

green this memory of a 14-year-old girl who died after being hit by a light rail train. she died while riding her ride to high school on friday morning when hit while hitting the light rail tracks. a witness said she was wearing head phones and the arm at the tracks did not come down. the sheriff department is investigating. >> the governor delivers the state of the state address to a joint session of the california legislature at 9:00 this morning. details of the address have not been revealed. according to the "los angeles times" he will likely highlight the state's improving financial help and accomplishments offer the last three years. the 75-year-old democrat has talked about his success in balancing the state budget, directing more money to schools that serve the disadvantaged, and emphasizing greater responsibility to counties to jail criminals. pacifica police believe a man was drunk when he drove his

cliff off a cliff. you can see where the pickup landed on the hillside yesterday afternoon, firefighters had to rappel down to the truck. a helicopter hoisted the driver off the cliff. officers cited him for d.u.i. after he was treated to minor injuries at the hospital. stunning video has been released in the private jet crash in aspen, colorado, but it could be disturbing to watch. according to the plane tracking website, the plane circled three times before trying to land. the final attempt was deadly killing one of the three people on board. the group was headed to aspin, colorado, from mexico. the video was captured from five infrared cameras in response to an opens record request. >> millions of people on the east coast are waking town more snow after another polar freeze. we will look from boston, our sister station has a camera in the vehicle driving around and

you can see how difficult it is with all the snow and ice coating on the freeway. air travel will be a mess with over a thousand flights already canceled today. a state of emergency has been declared in new york and new jersey. schools are already closed in boston, philadelphia, and washington, dc. bitter, bitter cold temperatures are expected to last through the weekend. >> i am sure they would like a break from the winter weather. we with like presip out here? >> they are getting too much. we get too little. imagine if the super bowl was today. red-flag warning at home, in the north bay mountains above 1,000' with a fire weather watch from mendocino county and lake county because of the gusts up to 30 miles per hour. humidity is down 5 to 10 percent and the vegetation is still so dry. at the coast we have high surf

advisory at 10:00 through 9:00 freding, higher than usual surf with the breakers up over 20'! next 12 hours, fewer clouds. we are in the mid-30's to mid-40's. in the upper 50's to mid-60's by noon and the best chance of high clouds is around the south bay and monterey bay with records possible for the 10th day in a row and back in the low 50's for the evening plan. here is leyla gulen with another check of the morning commute. >> good morning, everyone, we have an accident taking up lanes in oakland northbound on 880 approaching 16th. not only do we have a four car crash causing quite the pinch we have areas of construction in the northbound direction starting at high street for embarcadero and a section of oak and washington where we see the lanes shut down. southbound side has construction crews and everything will wrap up, though, by 5:00 this morning. as we look outside the golden

gate bridge is back with traffic will away from the in the bay into san francisco, just a few cars only in the southbound direction. empty northbound. >> the government is out with new safety standards for child safety seats and, next, how the new rules make your child even safer in the event of a crash. >> mike mentioned the big surf on the coast and the top surfers are ready to head to the san mateo coast and the new terror threat raising more concern about the attack on the winter

covering santa clara, san francisco, east bay is all bay area, this is abc7 news. >> the government is proposing an upgrade to the standards for child safety seats. today the national highway traffic safety administration will announce that child car seats have to protect children

from death and injury in side impact crashes. under the proposal, new tests simulate a t-bone type crash. the age says the new standards could prevent the deaths of five children and injuries to 64 others each year. most child deaths and injuries occur in side impact crashes when the car with the child is stopped at an intersection usually at a traffic light or a stop sign. >> the big wave competition known as mavericks could be give an "go." conditions off the coast look perfect for the contest on friday. our reporter has more on how the coastal community is making preparations. >> nervous energy. everyone is standing by to get official word if the big wave surf competition will be friday. >> 99 percent chance it will happen. >> the hotel and spa is assuming it is, so things are kicking

into high gear. rooms now are sold out. the hotel is also hosting the maverick viewing festival. >> a jumbo-tron here and another there. >> we are getting set up with staging, fencing, things like that, just the kind of rough production. >> all 13,000 festival tickets will likely sell out and a total of 30,000 people are expected to pack the community that day. >> all the extra people in town mean the business owners have their fingers crossed for an economic boost that could equate to 20 percent to 30 percent. >> a lot of planning to handle the influx of people. >> this surf fan can't wait for the competition. >> i just worship it. love the ocean. love to be part of the people that are out there. >> the 24 surfers will come in from around the globe.

they all know just be invited to the mavericks is no small feat. >> you really have to be on your game and know the place and be willing to risk your life. >> the winner receives $50,000. >> it is 4:44. candlestick park will stick around although the 49ers have played their last game there. the "san francisco chronicle" reports that city recreation and park department officials will keep the stadium staff of 15 as they work to line up a series of closing events. officials say that there is nothing to announce yet but they are considering exhibition soccer matches and celebrity games featuring past 49ers and giant stars and a community day open house. the big help is a farewell concert starring paul mccartney in the summer or early fall. >> the slow goodbye to candlestick park.

>> did we say summer? >> summer, yes, with 60's and 70's in the middle of january. it feels like summer in some parts of the bay area. good morning, everyone, it was our ninth consecutive day with record high temperatures, sfo is 68, besting the record of 67 in 1976. and downtown oakland, 71. salinas, 76, a record that stood until 1975. around our neighborhood you can see it is clear on live doppler 7 hd. as we go to the east coast, the storm finally is winding down giving best and the cape a last shot of snow. that is what brought the snow, the second storm moving through the great lakes that will reinforce the cooler air and you can see the below zero wind chills in green bay, detroit, chicago, cleveland, washington, dc, and boston, already developing there and the cold air goes all the way down and

pensacola feels like 19 and feels like one in land to. at home, temperatures are going to be warm. high clouds are back as you head further south and upper 60's to low 70's for you and gilroy is 73 for a record high. up the peninsula, upper 60's to low 70's, and 69 in menlo park and palo alto and san mateo and millbrae and 72 is the warm spot and half moon bay, the coast will be warmer today, because of a little stronger offshore flow and upper 60's around downtown and south san francisco and the sunset, sausalito, and mid-60's into north bay beaches but low-to-mid 70's in the valleys, and 71 in oakland another record high and upper 60's for the rest of the neighborhoods and low-to-mid 70's for the east bay valley with brentwood the cool spot at 69. tonight, the temperatures with the breezes our inland valleys drop into the 30's and same if san jose and palo alto and

low-to-mid 40's for the bay shore and the coast. san francisco is mild at 48 and fire danger starts tonight as does the high surf this morning and they both hang around for a couple of days. wednesday will be the cool of the day when the cold front passes us to the east and changes the air mass and kicks up the winds and those temperatures, 60 along the coast and low 70's saturday through tuesday and unfortunately, dry again. have a great one. just a few seconds ago, an issue at 10 or 15-minute delay on bart at west oakland to the sfo millbrae and all because of an equipment problem on the track. we will keep you warned about that. we have construction at northbound 680 between crow canyon road and sycamore valley road until 6:00 this morning. as we take you over to the nimitz, northbound 880 at 16th we have four car crash reported

so far this morning eight miles per hour is the top speed f a time, c.h.p. closed all lanes there and we also have construction in the area so that is also slowing traffic and a look outside at san jose, the drive along 280 away from 17, quiet and accident free. >> the peace talks for syria open this morning in switzerland. the u.n. secretary general says the meet evening face formidable challenges causing on the syrian government and the opposition trying to over throw it to negotiate in good faith. the peace conference marks the first time the government head by back bash and western help backed members of the rebel beyond have met face-to-face and secretary of state john kerry says assad is not part of the transitional government. >> hungary's athletes have been threatened with terrorist attacks at the upcoming games with reports of black widow suicide bomber on the loose millions are growing increasingly concerned about the

safety of the winter games. the olympic speed skater tucker frederichs compotes and he has asked the family to stay home in wisconsin but the family says they will remain so he can concentrate on skating. the state department is advising any americans traveling to the games to remain alert regards their personal security. >> there he goes again, coming up, the new embarrassing video that has toronto's crack smoking mayor apologizing this morning. former governor arnold schwarzenegger goes undercover and is offering

[dad] [lau [boy] mom!ughs] [mom] yes? [boy] whoa,whoa,whoa... [mom and dad] [laughing] [boy] whoa,whoa,whoa... [mom] you've got two left feet,boo.

new this morning, toronto's controversial mayor is back in the news.

to new videos of the mayor rob ford have emerged showing him swearing and slur his words and trying to imitate a jamaican accent and the video was posted on youtube was taken at a fast food restaurant on monday night. the mayor spoke to reporters and admitted high was drinking but he says what he does to his own personal time is his own business. ford pledged to kit drinking two months ago. a second video of ford shows him inside the same restaurant sitting his former driver who is facing drug and extortion charges. >> happening today, san francisco mayor lee is in washington, but that will not stop him from collecting on the bet on the win of 949ers and panthers playoff. the mayor and charlotte mayor will mentor young people in the big brothers big sisters program but cannon has to do it wearing the 49ers' colors and send san francisco city hall some of the

fine of the pulled pork barbecue. the 49ers beat the panthers in a playoff game 23-10. >> you had a big smile on your face when we said "barbecue." >> pulled park? >> the worst sandwich. ever. worst meat. terrible, terrible. tale, that sundays good because i have been up for four hours. you can see the yellow, fire danger in the sierra to the north, and high surf all the way down to san diego. our temperatures run around 78 in los angeles and 83 in palm springs and low-to-mid 70's through the central valley and 66 in monterey and mid-50's in tahoe and the cold front will dump the snow to the east of tahoe, again, with no snow in the seven-day outlook the. >> we have a 10 to 15-minute

delay on bart. this is in west oakland in the sfo and millbrae directions because of an equipment malfunction on the tracks. muni and ace train one on time and we have a problem, though, sfo northbound 101 to sfo. it is a hit-and-run hit-and-run accident blocking one lane. we do not have any delays, but we are at top speeds and it is quite usually. we still have a problem in the oak area northbound 880 at 16th avenue involving four vehicles. this is slowing on 980 approaching 880 because of construction that will wrap up momentarily. eric? >> the associated press is reporting that two police officers who might have instantly responded to the shooting rampage at l.a.x. had again on break without telling anyone. the two lapd officers were

assigned to terminal three where the gunman paul ciancia walked in and opened fire in november killing a t.s.a. security screener and wounding three ours. weapon the shooting began the officers were outside the terminal on break. department regulations require officers to notify dispatchers when they go on break so the supervisors can bring in relief. >> new evidence our climate is changing. 2013 is one of the warmest years ever recorded on earth. nasa ranks it number four and puts last year's average world temperature, a combination of land and ocean surface reading at 58.3 degrees. the agency that oversees the national weather service calls it the "7th warmest." both agree nine out of the ten warmest years on record have occurred sin the town of the 21st century. the average global temperature has risen 1.4 degrees since 1880 and it has been 38 years since a year was cooler than average.

>> nasa hopes to figure out a gee logical mystery on mars, providing these images of the same spot on the red 19 it taken 12 daze -- days apart. a rock is on the right and it wasn't there in the first picture. scientists are not sure how it got there but opportunity may have flipped the rock with a wheel. >> the first lady teaming up with the nba thanks to urge kids to eat healthy in the let's move campaign showing miami heat coach asking some of his stars about eating healthy. the first lady steals the show with the help of that where james. >> take it from me, eating the right foods helps you be a better athlete. >> way to dunk. public service announcement wrapped up with the first lady

enjoying apples with the players. >> the quest to keep america fit prompted former california governor arnold schwarzenegger to go undercover and coach people during their work outs. >> if it burns, it grows. remember that. >> how do i know new. >> the f.b.i. most wanted list. >> he was disguised as a regional matter at a gold location mounted camera to capture interaction teen the client and the seven time mr. olympia. >> the search for what went wrong in the friends -- friendly fire death of a bart police officer. >> the drought hits home in two

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live from the kgo-tv broadcast center this is abc7 news. >> it is when. it is 5:00. thanks for joining us. mike has a look at the forecast. >> we set a record high, the 9th consecutive day and today is possibly ten, and a reason why the high pressure has reestablished itself more dominating than yesterday with more of an offshore breeze and the lack of clouds this morning and most of the high clouds are down around the monterey bay and low clouds