searching for stolen property. >> the type of property they were looking for was a stolen laptop. a laptop back. bag, >> reporter: >> i'm sure the chicken on relate to this if your doors are unlocked using me someone is there. >> reporter: of the noise to the officers the apartment was empty. >> it is mandatory for them to wear them.

>> reporter: in oakland haazig minute kron4 news. >> reporter: tonight what we know now about sergeant tom smith. >> reporter: the 42 year old had been with the bart police department for the past 23 years. he was in charge of the bart police detective unit. kron4 interviewed him some 20 years ago for a story about car break-ins at a bart station. law enforcement was in his blood. one of his brothers is a new war police officer another is an alameda county deputy. his wife kelly is bart police officer. smith lives the leaves behind a young daughter. the family lives

in a quiet san ramon neighborhood. people there who knew him are still processing the sudden news and remembering smith as a down to earth all-around good guy. >> this is a very difficult moment. >> reporter: as i mentioned dismissed wife, kelly is also a part officer. she is part of the canine unit and the couple's daughter is 6 years old. these are some pictures from tom smith facebook page from a few years ago showing him and his family. if you would like to leave your condolences. you can do that on kron4 facebook page. >> pam: tonight we are learning more about the bart officers who fired the fatal shot. sources tell us his name is michael mace. this is sergeant major and a bart shopping safety deal which was made a little more than

a year ago. warning passengers about the dangers during the holidays. sources tell us mays has been a bart police officer for about 14 years before that time, he was with the barack the police department. we talked with someone who worked with mace at bart. and says he is a solid officer who chose or who work closely with tom smith. >> reporter: investigators recovered a handgun when lee was arrested. the morning before lee was addressed he allegedly sold a scar from the bart station. that day he also rob someone at gunpoint belt station on and

dropped them of their iphone. here is a man that says he lived just a few doors down from lee. >> he was kind of awkward i do not know how to explain it. he asks my brother from money and he did not want to give him the money is >> reporter: can tell you that lee is being charged with second-degree robbery.

>> pam: stay with kron4 as we continue to follow developments on the bart officers killed go to our web site kron4 back, we had a page dedicated to sergeant tom smith and we also will post the latest information you can also check out our facebook and twitter pages and you can download the kron 4 mobile app. >> catherine: driving the york city is no stranger to snowstorms but to back to back our unusual. there was grit lock at nearly every turn. comice that normally take 30 minutes were taking hours wednesday morning. from washington to virginia to md. it was a good old fashioned snow day. >> good afternoon, it is a

cold snow blown up t chapter ring wind chills and much of washington d.c. was shut down. >> catherine: the federal government closed. superior and district court closed. one of the few parts of the government action open wednesday the supreme court was in session. >> catherine: a place where people seem to actually be having a little fun with the weather virginia tech. where mother nature supplied the ammunition for an annual cut debt vs. the building and snowball fight. cadet vs sid billion civillians >> catherine: thousands of

flights were canceled today. and many passengers spend thursday night stuck at airports including your at the rate the airport. at least 1500 flights were canceled nationwide before lunchtime. >> catherine: as for local airports there were a few cancellations at s f old this morning the no delays or cancellations on flights to the north case tonight and no reported problems at either the oakland or san jose airports. >> pam: kron4 charles clifford reports from the coast near half moon bay or that are getting ready for the friday competitions charles? >> reporter: sickly right behind me here organizers decided to go ahead and hold the seabed concerned that the winds may make a the too dangerous. it look like the rest will pay off. also if

you are thinking about coming up and checking out this depict keep in mind that all of the rose and drills all of that will be closed off to the public. >> reporter:roads and trails. so for now live along the coast charles clifford kron 4 news. >> jacqueline: mild temperatures yet again when it is picking up as mentioned and we will talk more about that with a red flag warning also coming up. >> pam: coming up at 515 lucy's in getting a lot more

deadly in the bay area. we have new information on the latest victims. then at 530 kron4 talks to the bay area woman who gave her life's for the new mattress models but sleep train's huge year end clearance is ending soon. for a short time, save hundreds on tempur-pedic mattresses. get the most highly-recommended bed in america at closeout prices. plus, get interest-free financing and free same-day delivery. why wait for the new models? sleep train's year end clearance is ending soon. superior service, best selection, lowest price, guaranteed. ♪ sleep train ♪ your ticket to a better night's sleep ♪

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>> pam: house safe is your car if you had tried a sub compact or a minicar you may want to double check. or of the 11 such cars included in a recent crash test, only one did reasonably well. the test involves cubicle hitting a burial at 40 mi. per hour up just one quarter of its front bumper. it concentrates the force on an area of the car outside the crash safety features built on most cars. the entrance institute for half for highway safety credit the chevy sparked as acceptable but none of the cars as good. six cars basically felt receiving the institute's lowest rating pour. both cars were the nissan versa the toyota

prius... the nonstop the mazda-two and the the toyota yaris. "marginal and ford fiesta

>> pam: >> pam: the flu season getting even deadlier tonight. kron 4 has confirmed six - more flu- related deaths. we have obtained all of the information from county health officials. here's a map breaking down >> pam: the numbers. three of the newly reported deaths happened in contra costa county. we've learned.there is one more death in sonoma county, >>and a new report of a death in san francisco and san mateo counties. this brings the total of flu- related bay area deaths this season. up to 28. all these deaths are from this flu season. which started in october. >> pam: in the east bay today - vallejo police locked down a mobile home park for several hours. as they searched for a "naked" suspect in a homicide investigation. >> pam: as kron four's terisa estacio reports, residents say, this is just the latest problem to plague their neighborhood. >> reporter:the homicide happened here at this home located in vallejo's mobile home say they received a 911 call about a possible shooting victim inside - this is lt. park. >> reporter:when we arrived

we found a man, he was taken to the hospital and declarded dead. >> reporter:after that a search was on. a swat team was brought in to go door to door, and check out cars. >> reporter:this couple, who lives close by the crime scene says it was all quite unnerving not very comfortable to go through something like this. we were locked in couldn't go anywhere. >> we usually feel safe, but wasn't so great. >> reporter:bill synder lives next door to the victim. he says four people live in the home - including a couple in their another man. he said he recently heard some fighting he also says - the mobile home park has had some problems recently. >>i may leave, too much. >> reporter:police say they are in the early stages of their investigation and it is too early to say what the motive may have been. >> reporter:a traffic stop in oakland

fatal plane crash in aspen, colorado. the graphic and fiery accident happened earlier this month -- killing a co- pilot and seriously injuring two others. >> reporter:now the disturbing new images -- taken from five different infrared surveillance cameras, could shed new light on what went so terribly wrong. >> reporter:chilling new video shows the terrifying moment this private jet crashes into the colorado airport earlier this month. bursting into flames - sending a plume of smoke rising into the air. >> reporter:surveillance cameras positioned around the runway capture each harrowing moment of the plane's failed landing. >> reporter:the small plane first approaches the runway-- then aborts landing

because of difficult conditions. >>"missed approach, n115wf. 33 knots of tail wind." >> reporter:minutes later - in the eerie black and white video, the pilot appears to attempt to abort the second landing as well - but tragically, he's too late. >> reporter:the plane nosedives, flipping upside- down on impact and skids down the runway. >>"these pilots were altitude, mountainous terrain airport with a tail wind, which is very, very challenging." >> reporter:ground workers race to the scene -- watching in horror as the plane burns in the distance -- is still months away. >> catherine: toronto mayor rob ford seems to be up to his old tricks. this time - showing up clearly intoxicated - at a fast food restaurant. he's hard to understand -- about toronto police putting him under surveillance. >>video

>> catherine: ford later admitted to reporters that yes, he'd been drinking. he was back at work today.although the city council stripped him of most of his powers back in november. ford's brother - who's also on the city council - recently claimed that the mayor is "100% off the booze.and trying to get his life back together." >> catherine: no word yet on what his brother is saying about the new video. >> jacqueline: downtown oakland schechter the previous record at 75. as 67 in vallejo and san jose group records as well. previous records on the right. wii shattered the previous record of almost 10 degrees warmer. i will look

at the current conditions which remains mild in most locations. still 69 degrees out in livermore. tonight we will see some changes with winds picking up in the north bay hills so we will see a mild conditions there as well as a fire black dangers. your extended forecast coming up a little bit later. >> pam: kron4 has a sneak peek at long at anticipated super bowl commercial. and some back lash out with this photo graph. g)kyoóówç$yg-óñsç

>> reporter:it's that time -

the superbowl of commercials. advertisers each spending a whopping four million dollars for 30 seconds of ad time. >> reporter:and we've got a sampling of what's going to hit the small screen for superbowl sunday. >>video for off spher

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(male announcer): this is the bay area news station, kron 4 news starts now. >> pam: now at 5:30. >> pam: a convicted con man who swindled more than a

million and a half dollars from two marin county seniors was prison. >> pam: our owm maureen kelly spoke outside the federal courthouse in san francisco. >> pam: it's an interview you'll see on kron-4. >> it's devastating, it's devastating to me and to my family >> reporter:karen wold and her boyfriend bruce engle console each other as they walked away from the courthouse. they say they were financially ruined by the con job that this man.blessed marvelous herve pulled on them. losing a combined one-point-six million dollar.and three properies. over a six year period. >> reporter:according to court documents.it started when herve approached bruce.a tiburon realtor.saying he was the son of the president of the republic of the congo.and that his father wanted to buy numerous multimillion dollar homes in the bay area.but first needed money to fund his father's trip.then he needed more money because of legal troubles he was having with the u-s governement.bruce trusted him.wiping out his savings.before he turned to

his girlfriend.a retired school teacher for help to try and recoup his investment. >> i honestly thought i was helping bruce, i thought i was helping herve.i don't think it was greed on my part, i just wanted it over >> reporter:she drained her retirement.borrowed against her properties.and from family members.before they contacted law enforcement. >>i am financially devastated, emotionally devastated and feel very bad that i won't be able to help my children and my grandchildren like i had hoped >> reporter:in court, herve apologized to the couple. >> reporter:his lawyer says his client suffers from mental problems because his family members were assassinated as a young man.and that he spent thousands in lottery tickets trying to win the money he needed to repay his victims. the judge ordered herve to start repaying his victims after he gets out of prison.karen along with bruce have to go back to work instead of enjoying their retirement.doesn't think that's likely.

>>probably noti don't think i have enough years left to get any of that back maureen kelly kron4 news.

>> reporter:governor jerry brown laying his priorities in his state of the state message today. >> reporter:his annual address to the legislature began with passing a balanced budget. >> reporter:but the governor said california still faces serious problems. >>"among all our uncertainties, weather is one of the most basic. we can't control it. we can only live with it, and now we have to live with a very serious drought of uncertain duration. >> reporter:the governor's plan for dealing with the drought: encouraging conservation. to allow more transfers of resources. and preparing for forest fires. >>we can take this drought as a stark warning of things to come. the united nations panel on climate change says - with 95 percent confidence - that human beings are changing our climate. this means more droughts and more extreme weather events, and, in california, more forest fires and less snow pack >> reporter:the governor says california is a pioneer

in dealing with >> reporter:a 2006 state law set up a plan to reduce greenhousethe state has almost one million electric vehicles. and it is building the nation's only high-speed rail. grornor he says the state is unique in other ways >> nation's foreign born and we are the first state in modern times to have a plurality of families of latino origin. so it's not surprising that california is the state where immigrants can not only dream - they can drive - legally. >> reporter:republicans criticized the governor for failing to include one more statistic: that california has the country's highest poverty rate. the u=s= census bureau says, factoring in the cost of living here, just under 24 percent of californians are living in poverty >> catherine: president obama signed off today on a

new task force rape and sexual assault. >> catherine: he made it official at a white house event. he and the vice-president talked about a new report claiming that nearly one in 5 u.s. women have been raped in their lifetime. and that women in college >> catherine: settings are at particularly high risk. he says people have become more aware in recent years. >> catherine: the president first made a "call to action" on sexual assault back in 2010. boy dies trying to save >> pam: a woman in upstate new york will remember her eight-year-old son as a hero. his grandfather from a fire, early monday morning. reporter jane flasch talked to the boy's mother, who tried to explain what happened. >>"it makes me really proud, it really does, but i just want him back."

>> reporter:the last time crystal hugged her son goodbye, he had this kind of smile on his face. >> reporter:he had talked his mom into spending the night with his grandfather. >>"it was his best friend, and he tried to save him." >> reporter:crystal has pieced together the story of her son's final minutes with the help of family members who were there. >> reporter:tyler's four- year-old cousin woke with his blanket covered in flames. six people made it out, but tyler went back to get his grandfather, who is disabled. his aunt tried to stop him then followed, ending in the grandfather's room surrounded by smoke. >>"my sister had his hand, and i guess he let go of her and tried to get to my dad. she opened the window, and he wasn't there anymore." >> reporter: >>"she couldn't see and was going like this through the

smoke." >>"all i keep thinking about is how he couldn't breathe and how scared he must have been." (crying) >> reporter:he was found in the rear of the home. >>"they were lying in the bed together, trying to get to the window, and i am so grateful he went with people that he loved, that he didn't cross over alone, and i'm so glad that he was with his best friends." (crying) call >> reporter:now, she waits for the medical examiner to release her son's remains. she may not ever be able to hold him or even see him again, but this she wanted us to know: >>"you never know when it's going to happen. just hold your babies close and don't let them go." >> pam: the cause of the blaze is still under investigation but believed to be accidental. >> pam: coming up at 5:45.

>> pam: we'll tell you what caused this violent confrontation between a reporter and police. and ahead. some bathroom outrage. the big event where people could be sharing a stall >> pam: now for a look at today'sstocks are little changed today after a mixed batch of company earnings. female announcer: female announcer: get beautyrest, posturepedic, even tempur-pedic mattress sets, at low clearance prices. save even more on floor samples, demonstrators, and closeout inventory. the year end clearance sale ends sunday at sleep train. ♪ your ticket to a better night's sleep ♪

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hist >> reporter: shimmied up media users are joking brother is contours' questioning why he could not be a partitioned as proposed to 8 $30 billion budget. they also took photos of other communal toilets. ac any reporter in china had more serious deals to deal with.

employees became rough with him. this is what happened when they told him to move and he refused. >>i am allowed to report! i am allowed to report this is a public spce. >> catherine: the field the additional that he was mourned several times before the police came across. they took his phone and ideas that his fault and i d then broke the camera that he was using.

>> jacqueline: red flag warning until three in the afternoon. no. they hills to concede it highlighted in the screen. with a wind gust up to 40 mi. per hour very dry break now. little recovery tonight all fire concerns for the north bay. the north bay hills will be breezy with calmer winds and chilly temperatures near freezing. it will also be in the '30's in pleasanton and livermore. once again we're looking for temperatures in the upper 60s for the afternoon. 68 for los gatos it does look like all the records will stay safe out there tomorrow. livermore with a

substantial drop with 10 degrees cooler. hayward will also seek temperatures in the sixties and sixties that the coast line. plastic a closer look at the beach forecast half moon bay 65 degrees and 62 we do have a high surf advisories. all the way down through half moon bay. when this will be in effect through friday evening. we could also see brett tied so it is dangerous to be out there need to be careful if you do get into the water. >> jacqueline:

temperatures will be in the low sixties until the afternoon. taking a look at the extended forecast we do not have any rain in sight at least for the next seven days. right now we have the gusty winds to contend with overnight. let's get a check up on the snowball ski report obviously nothing to report. hopefully that will change in february. making snow and alpine. if you like more information on ski resorts you can log onto snowballed not come. snowball that kind sn owball.com >> pam: they will talk about what the niners must do in the off-season to get back

to the super bowl next year. this this thursday at 9:00 right after the 8:00 news. >> reporter: coming up we continue our ride along and currently the city is not meeting their coats or making phone calls for medical alert. >> reporter: you should see my tech report before you like any think of facebook coming up!

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by 62%, which makes days with grandpa jack 100% more possible. join us at kp.org and thrive. gabe slate tech report >> reporter: this gripping image of a smiling cheerleader uniform with a bald had with a telltale

sign of cancer. asking for support like to show this world you care or like to show that she is beautiful and it turned out thousands of like spirit the truth is this i wrote this total was 6 years old and the girl or more parents knew that this was being posted on facebook for likes. >> likely to go by road and received a lot of likes something that will pull at your emotional heart strings, such as a young girl suffering from cancer or 80 officer returning from the war. >> becomes a force for advertising. particularly commercial properties that want to garner likes to still their pages. tickets sell their pages from five

to $7,000 and make money before facebook cracked down on them. >> reporter: picture you are like he may be more than a picture could be called that is backed by an actual facebook page or... >> carter for likes or promote a product. bumgarner likes >> * is used for psychological reasons to see how many blacks will be given perfect post. if you like to do something to help people make a donation or contact the red cross. >> reporter: gabe slate,

four males. kron4 >> pam: all are owned a key committee that this will host the show 9:00 right after the kron 4 news at 8. >> pam: extreme low levels in d.c. arad a graeme picture amounting in the mountains. [son] she has no idea.

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>> pam: now at six. tom was a great police officer but even better son, brother, father and friend. >> pam: bart police chief says he is still in shock at the death of sergeant tom smith. tonight kron4 has learned the identity of the fellow officer who allegedly shot and killed him in an apparent tragic accident. >> pam: tonight 23 year veteran bart police officer shot and killed in what is being called a tragic accident. bart sergeant tom smith was shot and killed by a fellow officer. here is what we know right now. bart 77 bart officers and an

alameda county sheriff's deputy board all involved if the probation search. at the sierra apartment in dublin. fight of t were detectives in plain clothes including sergeant smith. the officers were looking for a stolen item or items allegedly taken by a man already in jail. i love you county is end the lead investigating agency on the case. allen lee does alameda county is the lead investigative agency on the case. >> pam: we have confirmed

tonight. the bart officer who fired the fatal shot. it is named michael mace. maes. >> pam: this is sergeant mayst in a bart shopping safety be it video which was made a little more then a year ago. 21 bart passengers about the dangers during the holiday shopping season. sources tell us, neas has been a bart police officer for about 14 years. before that time he was the mall rotgut police department. moraga police dept. >> pam: he talked with someone who previously worked with mace at bart who says he is a solid officer. >> reporter: law enforcement agencies in the bay area are

honoring sergeant smith smith leaves behind a six year old daughter these here are some images from a few years ago with him and his family if you like to leave condolences for his family you can do so on are facebook fan page. >> pam: also tonight, and bart police are releasing information about the suspect behind the probation search. john henry lee was arrested last week by the san leandro police department on suspicion of robbery. yesterday officers were searching his apartment and dublin that is

where sergeant smith was shot and killed. kron4 scott rates is live in front of the palo meet the county jail. alameda >> reporter: lee led police on a land speed chase that ended in oakland. when they did catch up with him they discovered they had done. a hand gun. that day he brought someone at had 0.4 and iphone. >> reporter: day we talked with the man who sits he lived just a few doors down from lee.

>> he does not have a phone for some reason? he is kind of awkward. i do not know how to explain it. he x occurred money from my brother. he did not want to give him any money. he asked for money. >> pam: stayed with kron4 as we continue with developments on the officer that was killed. we have a special section dedicated to this story.

>> catherine: the defense and department has confirmed that a salinas and made tough has been killed in action in afghanistan. at work at the word... edward balli was 43 years old >> reporter: >> catherine: his family saysballi had dreamed of being able to retire in hawaii in four years. he was on his third tour of duty in afghanistan and had done to torres on duty in i iraq. his most recent address was germany but he owned a home with his wife in hawaii. the

military says balli was killed when his outpost was attacked by and surgeons. >> pam: on 28 developing story. bay area health officials are reporting six more flue dust today the death toll is up to 28 now. contra costa county health officials reported three more deaths that brings a total of five flew related deaths in the county sonoma and san mateo also reported more flow related deathsflu >> pam: also in san francisco department of public health is reporting its second flew related death we have just learned

the victim was a man who was not elderly but did have an underlying medical condition. health officials do not know the particular strain of this fire is behind the latest death. a public health official says that flew related death and adults over age 65 are not required to be needed lee reported to the department of public health. >> pam: police say the man pictured on your screen was carrying a handgun when he demanded the cashier to hand over all the money in the cash register. police say the suspect got away with about $150 and the court was not hurt. >> pam: this happened on the 71119 s-cold rolled sunday evening the suspect was

described as a hispanic man about 20 to 21 years old, 5 ft. 10 in. tall and roughly 150 lbs.. >> pam: coming up the suspect accused of starting a wildfire in southern california appears in federal court today last surf's up! >> pam: de top surfers from all around the world receive notice to participate in the mavericks' surf competition and popular mobile game can be rush tried to trademark a word that everyone uses next female announcer: it's time to make room

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>> pam: it's the call the world's top surfers have been waiting for. mavericks is a go -- >> pam: the international surfing contest will be held on friday. at mavericks. off the coast of half moon bay. >> pam: surfers get less than a 48 hour notice. we sent kron4's charles clifford to the beach as soon as the competition was officially announced. >> reporter: the bigger waves are expected to sole organizers decided to go ahead and plan this years eve that. this fourier's e that this is a 1 day event. on

the fence to hold it this week. >>so, we are looking for a very exciting event. the guys are staring to show up. >> reporter:organizers will have a jumbotron set up so, you can view there.

>> reporter:the three men accused of starting the massive colby fire in southern california were expected in court today. >> reporter:you can see them here. steven aguirre, clifford henry jr. and jonathan jarrell are facing federal charges of allegedly illegally setting a campfire. >> reporter:authorities say that turned into a nearly 2- thousand gabriel mountains. >> reporter:tonight more than 95 percent of the fire is contained. the fire originally broke out last thursday. thousands of homes have been evacuated and 15 structures destroyed. >> catherine: winter storms have dumped a foot or more of snow on southern new england and the new york city area. new york and philadelphia, for example.got roughly 14 inches of snow. >> catherine: and it's been a nightmare for commuters.with cars skidding and sliding over

>> catherine: icy, snowy roads. in many places -- the morning commute took about three times longer than usual. >> catherine: a lot of schools and government offices were closed again.including in washington d.c. >> catherine: and temperatures in the single- digits and teens have made things more miserable. >> catherine: and it's been another rough day for air travelers. with thousands of flights being delayed and cancelled. >> catherine: more than 1500 flights were cancelled nationwide - just before lunchtime. and washington d.c. were among the hardest hit. >> catherine: bay area airports, by the way.are not reporting any serious problems tonight. >> catherine: and here's at least one place where people were actually having some fun with the snow. this is virginia tech.where they were enjoying the annual "cadets versus civilians" snowball fight. >> catherine: with thousands of snowballs being thrown. this has been a tradition since 1909 -- and it seems to get bigger every year. >> pam: california's water crisis worsens by the day. >> pam: there are cobwebs in

the rain gauge. and very little new snow to measure in the sierra. >> pam: kron four's rob fladeboe shows you. the grim picture emerging in the mountains >> reporter:im here at echo summit, along highway, 50 about ten miles south of lake tahoe. in a normal year i would pin this one would be buried. where im standing is only about 8 inches deep. >> reporter:as i drove up from the bay area this morning it was 73 degrees as i went through placerville. i didn't see any snow at all until i passed kyburz at 4,00 feet. >> reporter:active american river was actually stagnant in places and the views to the south looked almost like high summer. echo summit is one of the spots where the state department of water resources measures the snowload throuighout winter but the first such reading

taken earlier this month showed the snowpack less than 10 percent of normal. you can the grass here in many of the high mountain meadows. there is snow at the highest elevations. sierra at tahoe ski resort averages about 300 inches of annual snowfall. they've had about 66 inches so, they don't make snow either but the resort is fully open.says marketing manager steve hemphill.you have to ski it to believe it. >> reporter:but back down the mountain, at lake level.there's little or no snow. folks here know lifeblood and for california in general, the snowpack acts like a reservoir in winter and spring, providing californians with it's biggest and until now, it's most reliable water supply. >> reporter: the big picture is grimm indeed. rob fladeboe, kron 4 news

>> pam: and coming up at 8. >> pam: impact on businesses in the sierra. this comes after a snow survey finds the snow pack is below average. kron4's rob fladeboe spoke to store owners in the sierra and how the dry conditions have affected their businesses. >> jacqueline: we are in an extreme drought. in severe drought and other parts of the stick we desperately need the rain in we will not see it. today we set new records temperatures. so in oakland and shattered the previous record was 75 degrees also 75 in livermore livermore and 70 in hayward. tonight it will once again be chilly and places like now but in vallejo along with santa

rosa. it will be warmer with gusty winds picking up which will cause a red flag warning which we will get to in just a moment. all records should stay safe with the red flag morning i mentioned in the north bay hills and we will still see gusty conditions tomorrow as well we also have a high surf advisory along the coast. this includes half moon bay and this is exactly what they want for mavericks'. let's get a look at the extended forecast this is not what we want to see what we really need to see is the rain.

>> pam: coming up. >> pam: a woman and child run for safety. seconds before a car slams into a restaurant. what we're learning about the man behind the wheel. plus -- a convicted con artist swindles more than one-point-5 million dollars from a couple. we'll hear from one of the victims who lost a chunk of her retirement money.

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>> catherine: >> catherine: take a look at this. >> catherine: surveillance video caught the scene in orlando.when an out-of- control suv crashed into a restaurant. >> catherine: it happened at a popeye's restaurant.where a woman and her 8-year-old son tried to jump out of the way - but >> catherine: were injured. police say a 26-year-old driver had run a red light - then slammed >> catherine: into a car turning left -- before crashing into the restaurant.

they say the man shouldn't have been driving in the first place - since hiswas suspended. >>"this driver ran the red light, impacted another vehicle, causing a crash, popeyes restaurant, struck several people there, including a child. this could have been much worse." >> catherine: police say the driver screamed at them and used profanity when they tried to attend to him. >> catherine: he's been charged with drunk driving. >> pam: still ahead at 6-30. >> pam: developing story. >> pam: == after a bart officer was killed in the line of duty. what we're learning about the shot. >> pam: why cheerleaders are filing a lawsuit against the oakalnd raiders. >> pam: "frequent fliers". >> pam these are the hands a pediatrician. these are pioneering advances in heart surgery. and these are developing groundbreaking treatments for cancer. they're the hands of the nation's top doctors. kaiser permanente doctors. and though they are all different,

they work together on a single mission: saving lives. discover how we are advancing medicine at kp.org join us, and thrive. 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? [ slow, deep voice ] give me 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.

>> reporter: air at the bart administration office in oakland multiple agencies will have a hand in trying to get to the bottom line sergeant tom smith was shot and killed by a fellow officer.

>> bart police affairs unit and the independence department will investigate. >> reporter: bart cops are drink just like any other police department is not unusual for cannot swat team members to conduct a probation search. one officer perceived a threat and mistakenly from another officer. they would now decide if that happened and if so why? >> reporter: we are learning more tonight about the suspect where bart police back this is john henry lee

he is the man that lived in the apartment of the sierra of pardons that on january 16th when a san leandro police officer or rested lee. the day before he was arrested he was involved in a robbery at the fruit they'll station. >> reporter: continuing our coverage on the bart officers you to this is the man who accidentally shot sergeant tom smith. people who know mace says the he is a stand-up comic. we will talk about this at 8:00. >> reporter: dan san francisco a man and a late accused swindling a couple

of other million-dollar spirit interested in selling multiple host secret wiped out their savings and a lost three homes. >> reporter: charles clifford near half moon bat for the mavericks' surf where the event will start at 8 in the morning surfer's all over the world are expected to attend. >> reporter: a cheerleader for the oakland raiders is suing detained for unfair labor at. she only makes $1,250 a.c. said which is about $5 per hour which is

well below minimal wage for california. she has several expenses and make this on her appearance and travel which the team does not reimburse her for. right now there is no comment from the team. >> reporter: >> jacqueline: we are talking upper 50s and low 60s. so near freezing in santa rosa and vallejo. lockwood sunnyvale. it will state my note tomorrow temperatures cooler than to that. as we move into the weekend we will see kalmar wins and cooler temperatures. when the dust

at 40 mi. an hour dry fuels on the ground as well. fire concerns for the area. the wind will last through friday morning. >> pam: only on kron4. the san francisco fire department responded to 100- thousand medical calls in 2013. >> pam: however, an astonishing 20- thousand of those calls. were to a group of people known as 'frequent flyers'. >> pam: our stanley roberts explains exactly what a frequent flyer is. >> pam: in this edition of people behaving badly. (male announcer): now, here's stanley roberts who found some people behaving badly.

>> reporter: they find a man slumped over in phil simms is a drug overdose. then they wait for it trucks to take effect what they find in his pocket is baca but that is only half the problem he has taken quite a bit of other drugs including nafta down. methadone >>170... that will kno over a horse no >> reporter: that he is awake he once and to take him home. >> reporter:he was there yesterday for the same exact

reason. >> reporter:considered a frquent flier for a condition they have never heard of. >> reporter: paramedic's cannot look the other way when they receive at emergency call they have to respond even if they know the person is abusing the system. every time they have to respond to these calls in cost taxpayers thousands of dollars and takes away from a real emergency. in san francisco kron 4 news

stanley roberts >> pam: coming up. >> pam: to turn his black graduation into green. how he's capitalizing on his commencement to help pay for college loans. and don't forget to join us this friday january 24th. when kron 4 will host an hour long special of the top 20 new high tech and cool gadgets from this year's hosted by vicki liviakis. >> reporter: when will people be able to have serious relationships with their smart phone? it is coming at it to be sooner than you think state tim to my tech report tonight at 8:00. gabe slate kron 4 news it will be at nine p-m-- >> pam: right after our kron four news at eight. r---

itever holdsy bo hosge. itay seem stnge,ut pplereally c. it tats with respect. unke other latives, ralaactites ter toork in 3 ws - drating, itayeasi, ansofting,plereally c. it tats with respect. unketo ulockoursystem nural. so y havpeacof mind fromtarto fish. wha's t toove. 'alsohe #1 doctor commded brand. unketo ulockoursystem nural. so y havpeacof mind fromtarto fish.

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? [ slow, deep voice ] give me 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. female announcer: get beautyrest, posturepedic,

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♪ your ticket to a better night's sleep ♪ >> pam: a university of michigan student is taking a novel approach to paying off student loans. alex benda, is trying to >> pam: sell square-inch advertisements on hishe's burdened by nearly 30- thousand-dollars in student loans. >> pam: he says if he sells 10 advertisement squares, he'll wipe that out. and if a 300-dollar space is not in your budget, alex is offering other alternatives. >> pam: a one-dollar donation gets you a high five. ten dollars gets you a handwritten letter. >> pam: you can catch a full hour of sports talk with our sports director gary radnich this thursday night, on x- finty sports night live. >> pam: gary has that and all of this board's next all

of the sport's next! >> pam: gary will be joined by the radio voice of the 49ers ted robinson to discuss what the season to get back to the super bowl next year. >> pam: that's this thursday, at 9pm right after the 8 o'clock news.

(male announcer): it's now time for gary radnich from the jack in the box sports desk. >> gary:goodevening everone! >> gary:snow at metlife stadium a winter storm hit new york city dumped 13 inches of snow at metlife stadium the vunue for super bowl 48 in less than two weeks >> gary:it did give nfl and metlife stadium personnel a chance to test the snow removal abilities at the stadium. they wanted to see

how quickly they could clean the 80,000-seat facility that will hold the first outdoor super bowl in cold weather. >> gary:the stadium and its contractors had 1,300 workers removing the snow. the crews started removal at around 8 a.m. and had sections of the stadium and most of the tarp-covered field cleared by noon. >> jacqueline: there is a reason why they normally do not hold a game in this weather? >> pam: (laughter) >> jacqueline: (laughter) >> gary: start mentioning it in every other show. there

are contingencies to play the game on saturday or possible the super bowl is february 2nd >> gary: richard sherman came in to a hero's welcome at an autograph session with fans in seattle sherman of course took a lot >> gary: of heat for the postgame outburst following the nfc championship win over the 49ers >> gary: as a result he has received an avalanche of racist tweets >> maybe it was misdirected or worded better i was not committing any crimes were doing anything illegal. i was showing passion after a football game. people behind computer screens had all the time in the world to decide what to say as some of it was pretty embarrassing sure they were pretty embarrassed about. >> gary: today sherman who

graduated from stanford and had a gpa more than 4.0 in high school responded to the racial hated directed at him and put his postgame rant in perspective >> gary: justin get up right now and go look in the mirror. anyone who has said i hate pam's outfit.. who does that? thank you and dad come police in that editorial. that completes tonight the editorial >> gary: i will never look at slavery the same way again. and then to the face

is what how did you look at slavery? >> gary: why would anyone would be that mr. ball that you have to look at someone and get back i read? just turn off! >> pam: i agree. >> jacqueline: do not be mean >> gary: kron4 is against racism! >> gary: returning as 49ers radio analyst next season. san jose native and former chicago bear tim ryan will replace him. >> gary: the seahawks' jeremy laneran during the punt coverage play in last sundays game was knocked down by a yet unidentified person on the 49ers sideliness it looks like laneran was shouldered to the ground as he tried to get back inbounds

>> gary: the nfl has been in contact with 49ers general manager trent baalke about the play pete carroll has said it should have been a penalty on the niners >> gary: jim harbaugh has a different opinion saying "our guy was in a spot back where he was supposed to be. you don't know which way to go other than you kind of hold your ground and protect yourself." >> gary: the oakland raiders are being sued by current and former raiderette cheerleaders claiming wage theft and other unfair employment practices. >> gary: the lawsuit alleges that the organization withholds all pay from the raiderettes until the end of the season, does not pay for all hours worked and forces the cheerleaders to pay many of their own business expenses. >> gary: raiders cheerleaders are paid $1,250 per season according to the lawsuit less than $5 per hour for the time they spend rehearsing, performing and appearing at events. >> gary: the team had no comment. >> gary: the a's signed free agent relief pitcher eric o'flaherty to a 2-year, $7 million deal. he posted a 1.68 era the past four seasons for the atlanta braves.

>> pam: >> jacqueline: to have never proved yourself and the leak before..in the league before? >> gary: who has time for this? who does this? i am against racism ... but also,

people who sit in their basement and critique what people are wearing on the the broadcast! who does that? >> pam: (laughter) >> gary: back at the moment bulldog: oh boy!

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i want you to know stuff i want you to be kind. i want you to be smart. super smart. i want one thing in a doctor. to speak my language. i don't want you to look at the chart before you say hi...david. quiero que me hagas sentir segura. i want you to be awesome. that's the doctor i want. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive. (male announcer): it's now time for gary radnich from the jack in the box sports desk. >> gary: we always like to let you know what is going on and the word of mouth to cross. motorcross. >> gary:150 riders!

>> gary:150 riders! >> pam: see u at 8pm! çyçyçyçy5çwç5ç5ç5ç5ç5ç5ççy inside the new sochi conspiracy theory. zac efron, the freeze [dad] [laughs]

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

"the insider," with perspective on today's top trending stories. >> another threat to the winter olympics. >> have a bullet proof vest. >> two warships on satandby. how does that weight on you? >> it definitely is tough. >> team usa's new sochi olympics security concerns. >> are you nervous about heading over to russia? >> we're with the contenders, their worried parents and journalists in the danger zone. >> we are now inside the ring of steel. >> celebrities braving the blizzard. who's grounded? >> a huge impact. >> the grammy and super bowl stars, snowed in. plus, a "full house" super bowl ad reunion. >> don't you think it's time we all get our own places? vanessa hudgens, homeless. >> i moved into the shelter. >> inside the shelter with teen moms. >> how grammy nominee faith evans lost 45 pounds. >> we're doing weight loss wednesday, grammy style.

>> marlon wayans with nina. >> i don't get down like that. news delivered to you 24/7. it's "the insider" together with yahoo!. >> suicide bombers, the winter olympics in sochi has become a security nightmare. not just for the athletes, but also the journalists who are covering the games. hello, everyone. i'm kevin frazier. >> i'm thea andrews. just 16 days away from the 2014 winter olympics and we are learning a lot more about the incredible lengths that the u.s. and russia are going to, to try to lock down these games. >> now, we're with a journalist who is in sochi today and all members of the u.s. figure skating team for their inside view. >> another day and another threat to the winter olympic games. >> this morning worldwide concern is growing over the safety of the winter olympics. >> warships. suicide bombers. and threatening e-mails. are u.s. athletes at risk at the olympics?