grieving and please give us some time. >> grieving while searching for answers into the death of a bart police serve. good evening. we have team coverage on the death of tom smith, noel walker looks at how bart workers are trained. >> thal media county sheriff -- alameda county sheriff is looking into the shooting. >> the mood inside bart med carters was crime as the chief spoke about tom smith. >> great guy, can-do attitude. very supportive of his personnel. just a really happy guy. >> smith was one of self bart playoff doing a search of an

apartment in dublin. a sheriff deputy was on the scene. while they were inside a gun went off striking and killing smith. all bart police officer are issued lapel cameras, not all are required to use them. the apartment police were searching belonged to john henry lee. lee was arrested but the door to the apartment was unlocked. that usually means something is there. that was probably in their mind. there was no one inside. lee was arrested for an armed robbery, the officers tried to recover stolen property. the shooting was accidental. >> i visited with him last

night. he's upset. >> he offered the detective these words of upset. >> we'll get through the together as an agency. >> all of the bart officers doing the search were wearing bulletproof vests. we don't know where the bullet or bullets struck smith, we expect to get more information as the autopsy is complete and is released. that autopsy was conducted today. >> when news of the shooting broke many were surprised that bart officers were involved. how far bart officers can go. >> all officers are trained for this includes bart police. i found this bart document online that outlines how much training bart officers get.

we're used to seeing bart police patrol stations. and trains. but yesterday officer involved shooting was the first awareness that it extends beyond the platform. >> bart officers are like any other law enforcement officers. >> they follow the investigation whenever that takes them. what kind of training bart officers get, according to training requirements entry level officers go through six months at the academy, 22 weeks at the field and a year of probation. lateral officers go through 12 to 16 weeks of field training. so with all that training, how did one bart officer kill another in an accidental shooting. >> this is one of the things all officers fear the most.

daniel is a former sfpd captain. when officers encounter an unlocked door that's a red flag, someone might be inside. >> that could then trigger the officer to pull the firearm, keep it at a ready position and procedure with caution. >> if it misfired or he fired on accident is unclear. it's easy to second guess. these decisions are made in split seconds. >> a little bit second decision that can change lives forever. >> lawson said officers are not trained to shoot to kill. they are trained to shoot to stop the threat. to aim for the body or the head which can be deadly. >> there is a ground swell of

support for the family of the officer who was killed. what began as a man's display of grief is turning into a neighborhood effort. tom smith's neighbor placed this flag and a handwritten sign at his home this morning. the flag is a family heirloom given to the family. now it honored sergeant smith. >> difficult to account press in words how much sorrow you're feeling. this is a good way to demonstrate that. >> soon after the flag went up other neighbors joined in. they want sergeant smith's family to know show sorry they are. >> police officer have been offered condolences. this morning san jose police chief arrived at the bart

headquarters. fellow bart officers are wearing black bands on their pages and -- badges, here's a recap of what we learned. tom smith was one of a group of officers searching an apartment in dublin. that suspect was in custody. they were looking pour to -- for items from an armed robbery. our coverage continues on our web site with posted photos, information and the entire press conference. it was emotional on ktvu.com. look under the home page. governor brown stressed fiscal discipline in the state of the state address. during a 17 minute speech the governor urged lawmakers to keep spending under control.

the governor urged conservation when it comes to the drought. right now it's imperative we do everything possible to mitigate the effects of the trout. i have a drought task force. we need everyone to conserve water. >> the governor proposed no major projects this year with out a scant mention of the high rail project. hillsberg began mandatory water restrictions even though their supplies are normal. water use able is growing and they hope the 20% cuts will show it's not hard to conserve. people are asked to water every other day and not during the day. no filling of swimming pools and no car washes but at a recycling car wash.

we're spoiled. it not that hard. the city will stop watering landscapes and washing sidewalks, bars and restaurant are not affected now. the lack of water increases fire tanker. another red flag warning tonight. for the north bay hills. a lack of water and the record warm that's. 75 in oakland. that's a record, mountain view is a record, san jose tied a record at 72. you're looking at temperature above the average wind conditions are going to pick up tonight. if you have been outside you know what i'm talking. the terrain does not look like the middle of the winter. everything is try and brown. the fire weather warning stays up until tomorrow at 3:00. it should get dropped after

that. when i come back, we'll look to see where's the rain. is there rain and we'll talk about your specific city and will you break records as we head into thursdays is. >> it was touch or go if the surf contest would happen, after the forecast and the waves it is a go. robert, i guess the rush is on for surfers, organizers and the fans who want to see incredible waves. that's right. all the people involved with the mavericks invitational scrambling. after a scare from nature the contest is officially on. as we reported at 5:00 the organizer, jeff clark, said it was looking good for friday and he was poised to announce the

start, which is only held when it is really big and the 24 top surfers show up on 24 hour notice, but then the winds started, out of concern for the surfers he postponed the announcement but letter said the contest was on. >> relief, your anticipation and so many false starts through ought the years, we worry we won't get the right day the whole year. we'll see waves upwards of 40 feet. and it pretty exciting. all the guys are ready to go. fans will not be allowed on the beach, the contest will be on tv. the harbor control hopes people stay off the beach.

we'll have a lot of boats in an area that's not and-a-half gate able -- and-a-half fat able. >> a reminder the beach will be closed thursday night, before the contest starts at 8:00 a.m. on friday. a racial slur in their dorm room with a flag and bike lock around the victim's neck. a san francisco police officer is accused of molesttation is held on a

million dollars bail. richard hastings appeared in court. he's charged with nine counts of lewd acts on a 15-year-old. hastings was first arrested last august where those crimes occurred. he was suspended from the police department. he's due back in court on friday. a san francisco company that helps low income entrepreneur got a high profile visit. thomas perez visited. a commercial kitchen with affordable rates where people can develop their food businesses and get help along the way. it's impossible not to spend time and not be inspired. this is what america is all about. people with an idea and work ethic and vision. it is helping to put that

vision into action. >> secretary perez joined in a roundtable decision on mihm gracious. edly is in washington d.c. to join the conference of mayors. how the government is working to improve the roll out of the affordable care act. mayor lee settled a bet between the 49ers and the panthers. lee tweeted this photo showing patrick cannon wearing a niners cap. >> the mayors mentored a big brothers and sisters program. right place at the right time. a resident of vallejo pulls a resident out of a car two years after seeing a man in a big rig crash. at tyco integrated security,

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. it was october 19th, 2011 a big rig engulfed in flames when a young woman pulled the dryer to safety. now that young woman showed her bravery. michael jackson shows -- mike shows how she ran toward another woman trapped in her car. she slammed her brakes, staring her town was a multivehicle wreck. >> the truck hit her. a car hit her and it hit the wall made her flip to her roof. there was a woman trapped in a

smoking vehicle, at the same time screeching into her mind was a memory. here we go again. >> the residenttis reported the thought and jumped into action. a jammed the door wide open and she's upside down. yanked the seat belt. she fell down and i got her out. >> moments later an chp officer was on scene. >> what made you do that. it's not my first time. >> october 2011, highway 101 in san francisco. a big rig crashes and bursts into flame. she pulls the driver to safety. the two were reunited when williams bravery was recognized by the city. >> i must be a angel. >> she's a single mom, a christian and faith played a role. >> that's my god, my father

upstairs. he's telling me. >> that woman she helped whispered two words she will not forget. >> when the officer was in the ambulance with her, she's like thank you. i was like you're welcome. a young woman saving a life not once, but twice. >> we know the name of the man who was killed in a cal train stent that left another badly hurt. 35-year-old phillip shoals of police an opportunity -- pleasantton. investigators hope to learn more from to surviver when he's able to talk. the public has another chance to weigh in on a from posed -- proposed told increase.

it began at the petaluma community center. they are considering plans to raise tolls to $8 by 2018. the district needs the money the pay for major projects. a third meeting is set for tomorrow in san francisco. higher tolls could go into effect as early as april. the 49ers bid farewell to candlestick park. the recreation and park department is working on hosting a series of closing events. hoping the highlight will be a farewell concert with paul mccartney. after that len-area will take over the area. more records today. these were the highs.

i showed them to you once, tomorrow's highs will be cooler. the warm spat at livermore will be in the 70s. couple degrees cooler. the satellite shows everything going well to the north of us. the red flag warning tonight for the north bay hills. that will be, again it's for wind events. and the purple along the coast is the high surf advisory that is showing up, it will gain momentum as we go into the next 12 hours or so. the extended forecast. the offshore winds are kicking up again, this high pressure one responsible for that, it's responsible for keeping the rain away. the winds go offshore, the red flag warning, the quality is okay because it wind. this is the pattern, the big

swell coming this way. winds blowing offshore. makes the ocean smooth. makes for perfect conditions. the swell will be picking up. it is now, it's big off south side ocean beach. you're getting up in the 15, 20- foot range. easily 35, 40 feet. 68 in clearlake tomorrow, 67 in napa. more upper 60s than low 70s. you are up into the upper 60s out there in the inland bay valleys. maybe record or two tomorrow. it will be hard to get them, but we'll see. we're splitting hairs. it's similar to today. if five-day forcast, warms up for the bay area weekend. the models keep putting something in on february 2 and 3. it's way down the road.

we're looking for anything. early february the pat earn -- pattern may change. >> let's hope so. coming up in sports, multimillion dollars signing of an overseas baseball pitcher, good news for the yankees and the giants and bad news for the dodgers. >> it is time to check in with the newsroom for what we're working on for 7:00. >> no let up in the bay area flu outbreak. five new deaths today alone. more than health experts telling people to get the flu shot. join us at 7:00 on tv 36.

. everyone has been so focused to 49ers, tonight we're talking about the warriors. at some point you have to move on, the warriors have a good team. looks like the warriors, for many years had problems with injuries, bogut and the practice:00, aright knee sprain, david lee didn't

practice with a shoulder sprain. hope may be on the way. that's score main o'neal, he -- jermaine o'neal. would be a week away and he's anxious to get back in there. >> the schedule gets shorter and shorter. it's tough to watch. i tonight like watching games. but all in all, we're trying to do something special. >> but this together go for a serious run. friday against the wolves, and meantime. the yankees sign willing a big money deal. that's p.m. they have -- familiar. tanaka coming over from japan. he was 24-0 last year with a

1.27 e.r.a. he's 25-year-old, and to get him they had to give up $155 million over the next seven years. good news for the dodgers, bought the giants wanted him. a member of the raiderett cheer leader said the football team is breaking the law. we're always here for you. thanks for joining us. good night. when it's time to talk business security, talk to the leader. tyco integrated security. we'll create a solution customized just for you. and you can manage it all right from the palm of your hand. tyco integrated security. safer. smarter. tyco.

ó@ó itchen, we find ourself back in the warm embrace of the parlor. easy, duchess. it's one room, not gosford park. where'd you get all this sweet furniture? oh, we rented it to make the house feel more comfortable and inviting. don't sit there! oh, my gosh. it took me 20 minutes to get these chops just right. there. does that look straight? nothing about that looks straight. mm. i love the house. it's beautiful. here is a tree. it's a pachira, a taiwanese symbol of good financial fortune. it's also known as a money tree. that makes two of us. well, i would like to propose a toast. mm. missed me. to the hard work of claire and cameron-- or as i like to call them, "clameron"... oh! which is what potential home buyers will be doing when they see this place-- clamorin'.