he was a great law enforcement officer. but even a better son, brother, husband, father and friend. >> that is how the police chief describe sargeant tom smith, accidentally killed in the line of duty by one of their own. he was killed in the department's 42 year history. good afternoon, everybody, i'm larry beil. >> abc7 news reporter wayne freedman is wlif more on the investigation. wayne? >> it happened yesterday in that apartment complex over my shoulder. details today are few.

just a few, but we're beginning to piece it together. there was a meeting when police and by the sheriffs let's show you that video now. neither bart nor the sheriff gave the name of the detective who fired the fatal shot or shots. the sheriff did confirm there are five bart detectives, two officers and one deputy on the scene at that time of the shooting. all have been interviewed, conducting a search through the apartment of john henry lee. and then, for crashing his car during a chase. we have two clips of the conference beginning with the police chief who talked about how hard this has hit his department. >> we're shocked. we're numb. we're grieving. and please, give

us time. >> circumstances that led up to it, we're going to hold that for now. >> that was jd nelson from the sheriff's department he said the coroner would be conducting an autopsy today. among unanswered questions, how long were those officers inside of the apartment before the shooting? and what led to the shooting. the chief maintains they did everything right. bart tells us plans for a memorial remain pending. >> all right, wayne, thank you. those working with the sergeant say he dreamed of being a police officer. >> former police chief says he was hired as a teenager as a cadet. >> there are certain young employees you really liked. and tom was one of them because of his enthusiasm, his zeal for learning and was a very

warm-hearted person with character. >> officer smith survived by his wife, kelly smith, also a police officer and their young daughter. >> we have details on what led up to the search. >> this is part of a follow up in a robbery that occurred in a parking garage last week. >> january 15th, a man who parked his car at the fruit veil station garage was robbed at gun point of his wallet, lap top and keys. the next day, police arrested this man after seeing him break into a car. police showed his photo to the robbery victim and he identified lee as the person who robbed him. bart police officer michael mays filed a probable cause declaration for that fruit veil probry this, is mays in a promotional video produced by bart. police have been stationed outside of the mays home. the warrant to search the apartment

was issued yesterday. >> abc7 news reporter matt keller went to the apartment. >> people are wondering what happened, and why. >> the front door to this park sierra apartment looks like every other door. but what happened was unusual, and tragic, investigators swarmed the area after sargeant tom smith was shot and killed by another police officer while conducting a search of a apartment of a robbery suspect. >> i didn't hear anything to do with the gunshots. but what i did hear were cars arriving and xhoechlgs i live right almost above the unit where it happened. and i heard helicopters when i came outside i was surprised to see this place taped off. >> kwaun says the young man is friendly and polite and lived in the complex for a while. >> just a regular kichd you know? in and out. i don't think he drove. he walked in and out. and

i think he lives with his mom. >> the law enforcement community and other government agencies are also honoring sargeant tom smith. flags in dublin are at half staff. bart riders offering their condolences >> just a sad thing for both families you know? the person that shot him and the victim's family. so yes. it's just a very sad thing. >> people also have questions, especially for police, wondering how that this could happen. >> every shooting seems to be an accident or not intentional. i'm for the police f they can't handle their guns right maybe they need another type of weapon. >> condolences continue to roll in when a memorial web site. you can leave a message on our

facebook page and on our web site. in dublin, matt keller abc7 news. >> stay with us for continuing coverage of the tragedy on air and online. >> you'll hear from friends of sargeant smith. >> we're tracking breaking news where cruise are letting a gas fire burn itself out. you can see there are no structures on this island which is why they decided to let it burn itself out. you'll recall three homes and outbuildings were damaged just east. we'll follow this fire throughout our newscast and on twitter. >> oakland police have released this photo of the suv that fled the scene of a deadly shooting last night is possibly a newer

noddel gray toyota sequoia. chp pulled over that suv on wentworth. one man got out and ran he was shot by officers and died at the scene. the driver and other passengers got away. a police dog was shot but is expected to survive. >> now to flu epidemic. six more deaths related to the flu announced today including three additional deaths in contra costa county. in san mateo county four people have died. san francisco, the number rose to two. sonoma county reported a new death. 29 deaths related to the flu so far this season. >> university of california at san francisco formed a new partnership with childrens hospital, oakland. this will let the hospital cut costs and use specialized services each will continue to run as separate medical center with independent staff. >> both of our organizations are

medium-sized hospitals. if can >> the hospitals will have more than 800 pediatric specialists combined. it already has one of the largest pediatric intensive care units in northern california. >> low income families will have better access to health care thanks to mark zuckerberg. local law enforcements were on hand as they broke ground on a new two story facility. that thanks to a gift from zuckerberg and his wife. it will include a pharmacy and provide space for new services. the center now serves about 11,000 patients per year.

>> governor brown declaring california on an economic come back. >> many problems are still looming including severe drought. we're live in sacramento with more. cornell? >> not all doom and gloom dealing with drought remains a top priority but employment picture is looking up. governor brown began his 11th state of the state address with good news. california is on a come back. >> a million new jobs since 2010. a surplus in the billions. >> he passed out these playing cards. on the other side, a message from his dog, sutter. >> bark if you don't like

deficits. >> i have a beautiful golden retriever. i'm going to print cards that say bark if you don't like poverty. >> for now, dealing with the drought remains a top priority. he calls on all californians to conserve water and proposed $154 billion spending plan includes modest increases but wants districts to have more local control where money gets spent. >> so schools that had difficulties are receiving more funding. and doing everything we can. >> he hasn't announced he's running for reelection but the speech sounded like a campaign preview. >> there is no substitute for experience. >> in sacramento, abc7 news.

>> shufsh's up. organizers say the invitational will be friday at 8:00 a.m . massive spell swel forecast for friday. a lot of guys going to be coming into town. all 13,000 tickets will likely sell out. 30,000 people are expected to pack the half moon bay area. >> wow. >> it's always spectacular. >> and should be just spectacular weather for this. >> spencer christian is here with the. >> yes. sunny skies once again we have a powerful storm well out to sea at the moment. this storm producing waves at 28 feet. high waves some of them large swells arrive friday. the result is that we have a beach laz yard in effect from tomorrow

morning but we're expecting to see them up to about 20 feet. up to 40 feet at mavericks which is good news down there. it means hazardous conditions. speaking of hazards, red flag warning. from 10:00 to 3:00, winds gusting 30-40 miles per hour meaning rapid fire growth. right now, blue skies over the bay from our roof top cameras here, temperatures ranging widely from 60s to about 70 at redwood city. 75 los gatos. another live view shows temperatures from 73 in petaluma. i'll give you a look at record highs in just a few

moments. >> thank you. >> still to come on abc7 news at 4:00 they're not sharing now. why current and former members of the raideretts are suing the owners of the raiders. >> the squabble forcing a la tina actress to back out of a starring role in a play that is about to open in san francisco. >> he stole a celebrity chef's lamborghini the i team has new information about another, more serious crime a local teen was planning. >> also, michael finney taking your questions and will answer them here live in just a few moments. >> our first look at traffic right now, a lot of cars out there. but traffic is

let's go back to sky 7 hd this, is just north of antioch. it was raging now as we zoom in, you can see there are a number of hot spots there. >> federal safety officials proposing rules to protect car seats to protect children from death or injury during siemd pact crashes saying it would apply to all new car seats designed for children weighing up to 40 pounds. current standards only cover front end

crashes safety seats must keep a child's head from hitting the door. and reduce the forces to a child's head and chest. >> a cheerleader is suing the raiders accusing the team of violating wage and employment laws. leahy t, seen here in her video biography claims the organization does not pay the cheer leaders for time spent working and withholds pay until the end of the season a cording to her lawyer they're paid $1250 per season, about $five an hour the lawsuit seeks to be class action. >> bay area is used to the immigration debate but taking a twist in san francisco. a latino actress resigned after endorsing an anti-immigration politician.

>> iliana lopez says the only drama she wants see is on the stage at the brava theater. there has been an uproar after one actress appeared in this internet commercial endorsing tea party candidate and immigration hard liner tim donnelley. >> i want a gun in every californian's gun safe. >> the theater has been receiving hate mail. >> the big deal is to be doing what this country was all about. it was freedom of speech. >> lopez, also the wife of san francisco sheriff says alonzo was not forced out. >> we explained we're on the mission. all of the community is very well organized. fighting for rights of immigrants. so,

it's a conflict. she saw it. she decided to resign. >> the controversy may help ticket sales. the vagina monologues runs valentine's day weekend february 14th-16. a berkeley fifth grader is honored for helping find a man with alzheimer's disease. >> police say they have been searching for the missing man six hours. >> brandon and his mom thought they spotted him on broadway but when his mom asked if he was lost he said no. she was going to give up but brandon insisted it was him and told her to call the police. >> good job, brandon. >> yes. >> let's check on the forecast on one hand, we've enjoyed sunny weather, on the other hand big guilt rising. >> yes. yes. >> without rain, without rain.

>> i don't know which hand is dominant now but you're right. there are mixed feelings. this pattern continues with mixed feelings. sunny skies right now, this is a tenth day of record high temperatures here in the bay area. here are the three records so far. 70 degrees up and over at oakland you museum. 72 in san jose. all record highs for the date in those locations here is a live view from our mount tam camera. mild dry pattern into next week. there is no -- at the moment bringing us

mild, dry off shore flow as a matter of fact. but that is going to shift. we're going to get winds tomorrow and into friday from the south end, clouds as well. clouds, sorry to say will contain no rainfall. just filtered sunshine. tonight clear skies and a wide range of low temperatures from low 30s around our just below freezing at santa rosa and napa to mid to upper 30s inland east bay. upper 30s inland south bay. low 40s right around the bay and near the coast. chilly spots on the coast, then, tomorrow, sunny skies and high temperatures mild side but not so high as today. probably will not see records tomorrow going on a limb saying that. but doesn't look like record territory tomorrow. high temperatures mid to upper 60s. and here is the accu-weather

forecast. by weekend, high temperatures low 70s again. mid to upper 60s going to hold throughout wednesday with virtually no change at all. >> remarkable. >> yes. >> contrast with pictures of the snow storm. >> exactly. yes. >> thanks, spencer. >> up next a senior's plan to get green for graduation we don't mean a $25 check from grandma. >> a deaf nfl player inspired the world a touching letter he got from a hearing-impaired girl. >> it's heavy for drivers heading east it and doesn't look too much better for drivers trying to make

to those who've been denied ewelcome to covered california. now, you can no longer be denied coverage because of a pre-existing condition. enroll today at coveredca.com.

a mining company says it's found a rare blue diamond in south africa. source of some of the famous diamonds the company says it's flu with extraordinary tone and could yield a polished stone of great value. this mine produced 530 carat star of africa diamond. >> i can think of a kid that would love to get his hands on it. a michigan college student getting a jump at paying back student loans >> he graduates this spring, trying to sell square inch ads on his board to help pay for 30,000s ndz loans he has taken

out. >> to pay that debt is, i'm going to be doing this for a lot longer than i ever went to school. i was just hoping maybe this might be a way to just see if anyone can help me out there. >> he's going to have to wear that a long time. >> yes. >> he's offering alternative. if $300 space isn't interesting $one gets you a high five. no? still not? >> and $ten gets you a land written note. >> abc7 news continues on another daring crime. a teenager that stole guy fieri's lamb gore genie was planning. >> millions dig out with the

story. >> and there is no business when there is so yso you can happily let the grlife get in the way, while planning for tomorrow. so you can finish the great american novel

banking for the life you have investing for the life you want chase. so you can

hose who've been denied ewelcome to covered california. now, you can no longer be denied coverage because of a pre-existing condition. enroll today at coveredca.com. people in mid west now cleaning up after this week's massive snow storm that

cancelled thousands of flights. >> a live picture from san francisco international airport, which continues to be looking fantastic. >> yes. >> no delays today but across the country airports still struggling to get passengers to their destinations. 1400 flights cancelled today. >> we're live in manhattan in new york. people are still digging out from the storms >> the mayor of new york city picked up a shovel he kept schools open today so his son had to go to school. that is george washington bridge behind me. people are digging out in these frigid conditions

snow was light but significant. >> millions digging out in cold air. it's here to stay. take a look at temperatures. . by friday, green bay, boston, louisville waking up below ten degrees. cold going to be entrenched in the mid west ask east for the rest of the month. >> it packed a punch. thousands of flights cancelled. new york city, 11 inches. and a window payne cracked millions got to enjoy another snow day, schools were open the decision sparked a hot debate. >> 80% of the teachers aren't

going to make it. >> that is our obligation. >> roads remain main treacherous. drivers riding and struggling. >> so good here. it is. >> one guy didn't mind the conditions. >> so when will this end? not this week. another cold blast is on the way. go owing to be a while before the hudson river you thats. >> thank you. >> officials in europe say an e mail threatening athletes with terrorist attacks at sochi games is a hoax. saying it comes from someone in israel. olympic

committees from several countries say they received a similar message. >> secretary of state hillary clinton appears to be gearing up for a presidential run in 2016. she will be a key note speak gler a three day meeting of marketing experts. >> max wade will be sentenced tomorrow for stealing guy fieri's lamborghini. >> the i team has more serious information about another serious crime. >> the investigation airs tonight. >> the i team learned he compiled a 30 page

>> he had a long equipment list of things needed to complete the crime. gun belts, radios and an ak 47. >> some of the items were found after his arrest. and we'll explain how he thought he can get away. that is in an i team investigation at 11:00. >> thank you we'll see you at 11:00. >> up next he's being called an inspiration a touching letter a hearing-impaired girl wrote to a deaf nfl player. >> and this view shows clear skies over the bay. i'll have the accu-weather forecast coming up. >> and this is 680 in

creek but flowing in both

the faefrj of a 9-year-old girl is showing off a touching letter to an nfl player. >> riley wrote a note to derek coleman about seeing a moving television ad to see him become

the first legally-deaf defensive player in the nfl. >> riley who has a twin sister wrote dear my inspir yashgs i know how you feel. i also have hearing aides just try your best. i have faith in you. it goes on to say here are the things we have in common. >> i wear two hearing aids i love sports. i'm an identical twin. my twin wears one hearing aide, too. her dad took a picture of the note and tweeted it. seahawks retweeted it. you can imagine it's taken off from there. >> accordable. >> let's hope coleman does not have to deal with this on super bowl sunday. there is n.the background, met life stadium. a foot of snow fell yesterday. >> look at that field.

>> you can get crews in there the problem is how can anyone get there? right? and some snow going to turn to ice. this is to see how quickly they can clean 80,000 seats we're fortunate to have the break. >> no kidding. >> this week would be a disaster. >> look how long this is taking. i'd think they'd have more than one guy. >> i know. i think it's too early to look ahead. >> my guess is that it will be a milder weather pattern. weather can change. sunny skies mild conditions record warmth again here in the bay area.

but cold air is settling in. will be a while before snow will melt. tomorrow, high temperatures upper mid west reaching only minus one in fargo. eight degrees in chicago low 20s in the northeast. and milder weather in the state of california. high temperatures 61 in eureka. to mid to upper 70s in palm springs. tomorrow, highs will be not reaching 70 degrees. looking ahead to friday, 8:00 friday morning 50 degrees by

noon. winds 10-20 miles per hour. major waves but we're going to see servers there. i guess they can deal with it. let's hope so. >> it's amazing. 62 degrees there? >> yes. yes. >> that is abnormal. >> right. friday, winds and shifts in pattern just a little bit. that is a event. >> a woman learns a shocking secret about her parents' past. how she found out, next. >> target making major cuts. certain employees will be losing work benefits. >> can you get out of a cell

phone contract early if the

happening tonight a march marking the three-month anniversary of the fatal shooting of 13-year-old andy loep yechz a candle light vigil will be held at 5:30 p.m where he was shot carrying a toy gun. community members are pushing for a permanent park. >> demonstrators on both sides of the abortion debate scared off today in washington, d.c. on the 41th anniversary of the roe-v wade decision declaring a constitutional right to abortion. opponents held a march for life. a similar march is planned for saturday. >> new video may provide clues into why a small plane crashed in aspen. it appears to strike

the gun way nose first and seconds later kids down the runway. >> it appears it was going to have and hit the runway very hard waus kausing it to small so there is no longer a lift coming up from the wing. >> the first time 30 miles per hour winds forced pilots to go around to try again. investigators have not said if weather or pilot area was the cause. >> a missouri woman learned a shocking secret about her parents she says they both confessed to murders erica heys says in september her mother and stepfather were

arrested for separate murders more than 30 years ago. alex uden convicted of shooting her ex-husband and gerald accused of shooting his ex-wife. saying her stepfather killed to with her mother her mother to, protect herself >> is he said she did it because he was abusive and threatened to kill them both. >> her stepfather is serving life in prison now. her mother faces trial next month. >> the central valley chicken processing plant shut down over sanitation issues has now reopened. it closed for ten days and the federal government found cockroaches at the site the company says it has taken sanitation measures and all 3500

are now back at work. this was the latest trouble at the livingston plant. three months earlier the government threatened to suspend production there over salmonella concerns. >> target laying off workers after that massive security breech and eliminated 700 empty positions and no longer offering health care coverage for its part time workers starting in april the discounter citing new options available through health care exchanges under affordable care act. part time workers losing access will be given a $500 payment. >> why michael finney is here answering questions, first one comes from eric who asks if my cell phone doesn't work in places i frequent, can i get out of my contract early? >> well, that is layer yes's favorite game.

>> i'm thinking no? >> if you do knit time, you can. all major carriers give you 14 days to test the phone. you try it at home and work. whenever you go. now let's sa you have it for a year. here is how you can do this. t-mobile both paying some customers money to get out of the contracts to move over. >> you can see the ads. >> yes. >> so sneaky. >> and a store hz been charging

tax on cold sandwiches >> i know what you're thinking. if there is a cold sandwich to go they aren't supposed to charge taxes on it except if it's part of a meal. then often it will be taxed. you're going no. here is the case. this would be like mcdonalds. if 80% of the food you sell is taxable, 80% of the time, then you tax it all. >> that is like starbucks. >> yes. >> we have to do path. >> yes. >> what is an acceptable time frame for renewing magazine subscriptions? i start receiving notices six months before expiration.. >> i start six months after i

subscribe. they're allowed to bother you all you want. once you start doing business they're allowed to call you any time. mail, they can bother you. here is the tricky part. never resubscribe until the end. for the best deal wait another week or two. it's not worth as much as your eyes on the ads. so wait until the end, have them convinced you're not going to resubscribe, get the best deal. >> impact warm weather is having on the economy. >> in the abc7 newsroom at 5:00... >> freedom from assault is a basic human right. >> white house takes up a fight

against swaults on campus >> a new video may have you >> a new video may have you thinking twice about good. good answer. check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? give me [slowly, deeply] your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible.

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unlike the bargain brand, depend gives you new fit-flex®, it's a smooth and comfortablemo fit with more lycra strands. hi sweetie! get your free sample at depend.com. here is a will being at tonight's prime time line up. nashville at 10:00 then join us tonight at 11:00. >> i'm sure it's been a very mild winter. especially in tahoe. our heavenly camera shows clear, but water, no snow. a beautiful day. >> yes. >> businesses like strawberry station general store are taking a hit. >> they're hoping that this winter would get us going. and

looks like my personal line of credit going to take another hit. he just bought this general store, doing his best to adopt to weather. >> it doesn't offset but to have a climbing gear sale in winter is nice. >> further up, a different picture. >> there is a perception we don't have snow here, but we do. >> relying on man made snow has been the biggest adjustment. >> so lovely so far this it's lovely. >> it's nice you know? summer is coming up i'm a water skier, too. we're going to be hurting. >> there is no question it's

going to be taking a toll on our businesses. >> that led to layoffs when staffing should be increasing. >> there is no guarantee. >> sf f.we were to have something happen this summer, that is when i would be very worried. >> we'll figure something out. >> the spillover isn't just limited to rates. it won't be until april or may until there is a good count of how big of a hit they've taken. >> wem, thanks for joining us,

for abc7 news at 4:00. >> the news at 5:00 begins right now. >> there is nothing routine about police work. >> colleagues say an officer knew dangers of the job. tonight coverage on the man killed by a fellow officer. >> also ahead how caltrans is now accused of trying to hide problems on the bay bridge. >> suing oakland raiders? why cheerleaders say the team deserves a penalty flag. >> i'm sandhya patel. live on the roof of the kgotv broadcast center, building waves, details coming up. >> touched many lives in a positive way. both professionally and personally.

>> he says the department is in shock the question tonight was he killed when an officer's weapon discharged? good evening. >> it's been more than 24 hours since he was killed and in that time questions have >> it happened over my shoulder this time about yesterday. not a lot of details today aside from the fact that officer smith is dead those who serve say being a peace officer can be a hard, tough business. for police these 24 hours have been difficult. >> shocked and numb. we're

grieving. give us time. >> questions why did a fellow bart detective shoot the officer and how could this happen with five detectives, two officers in uniform and a sheriff deputy present? >> circumstances, we're going hold it for now. >> his wife also serves and he leaves behind a 6-year-old daughter. >> great guy. can do attitude. very supportive. just a happy guy. >> police have not officially confirmed the name of the officer, he is on administrative leave.