he is married to another officer kelly smith and they are completely number with grieve. they described him as the nicest person with a gruff exterior but he had a gentle soul and a smile that would light up the room. he declined to answer any questions. >> we ask that every one give us a chance to catch up and allow -- catch up and allow us to grieve and we will being to an update. >>> motorcycle officers led the caravan to the alameda coroner's office. we are told it includes the brother with the alameda sheriff's office and a brother with the police department. they are expected to say more this morning, reporting live from oakland, janine de la vega, ktvu channel 2 morning news. >>> and an independent auditor said, they have made significant improvements. they originally said the police department lacked sufficient training an had outdated policies and poor oversight. however a second audit praised him for comprehensive training. stay with us here on ktvu channel 2 morning news and also online for continuing coverage about the bart shooting. bart and the alameda sheri

how does it impact the grieving process?e will tackle the online legacy next. >> evey sunday night, join us for exclusive, ♪ when i die that represents the end of my journey but then that represents the starting point of another journey for everyone else. what a wonderful purpose to have. >> chris' message, his legacy is one i think that has touched so many people around the world. >> reporter: we are talking about social media and the place in the discussion of death and dying. david kessler and talking to my interview producer earlier today and booked our guests for the show and said it was such an emotional experience because she would find a great blog post or tweets online and go to call the person and would only discover they had passed away a few days or weeks ago and used some interesting words and said it was haunting and fascinating at the same time because their words were eternal and pictures and videos were in front of her and thought this must be universal experience that people have. what is the effect of this

i made death the message of joy, and where dost thou grieve? and the way to make death not so taboo and bring some light to it, so to speak, and maybe make it inspiring. that's how the show is created. >> justin, you mentioned not making death a taboo, but the absence of heavy grieving. thanks to the images of the television drama, this is actor john snyder from the dukes of hazard, this is an hour after john had discovered that his father had died. and thank you, john, for sharing these image was us. and we have this blog by our guests, deborah and david. and you have shared this journey with all of america, and what do we learn about the empathy? >> i think it's amazing. our blog has had over 81,000 hits from 74 different countries, and none of us get out of this alive. people respond and say, you know, you're teaching us things our physicians and nurses never told us about what happens during chemotherapy and radiation, and especially about the side effects. we just love your youtube blogs. >> jody, you started bcsm. and you have a huge onli

. >> there's other officers out there grieving. hope for the community, everybody grieves and supports everybody involved. >> patrick smith is tommy's older brother. she is a field-training officer for newark pd >> you don't expect to bury your brother. you expect to bury your parents. you expect to bury your grandparents, not your little brother. >> ed smith is the oldest of the three. he works for alameda county sheriff's department. he says tommy would refer to his wife and six-year-old daughter as his girls. >> it's hard. it's really hard. a lot of support. it helps. the community is incredible. >> tommy comes from a family of law inforcement, and they have one rule. never say good-bye, just say "stay safe." >> you don't say good-bye. say i love you, stay safe. i's all you can do. no guarantees in life, especially our line of work. >> tommy's brother-in-law is a k-9 officer with hayward pd. >> tommy wasn't just a brother-in-law to me. he was my brother. >> all of them knowing they risk their lives every day to serve and pro tec

we're grieving, and please give us some time. >> smith was one of seven police, doing a search of an apartment at the park sierra complex. while they were in the apartment one of the deputies guns went off. >> he was not moving. i don't think he was conscious. >> no one else was in the apartment but the officers. how and why the gun went off is the focus of an investigation. >> everybody has been interviewed. now we can go forward and try to reconstruct what happened. >> the apartment the police were searching was the home of john henry lee, lee was on probation for a previous misdemeanor. last wednesday he robbed a man. according tie criminal clint on thursday lee was in a stolen car. the complaint said a pursuit ensued. lee tried to run away perfect he was stopped by a police canine, officers found a loaded hand gun. lee has been in police custody since thursday and yesterday police went to his apartment to recover some of the items stolen. >> it was while they were inside one of the plain clouds -- clothed detectives accidentally shot and killed schmidt. that was michael maes. >>

. >> poverty had been a major concern of president kennedy, and with the country still grieving and almost one in five americans living in poverty, johnson declared war on poverty.

there's another officer's family out there grieving. hope that the community respects everybody's grief. >> i still say the best cop in the family. there isn't anything he couldn't do in law enforcement. that was his job. but his real job was father and husband, brother, brother-in- law, uncle. that's the job he liked the best. >> he is the love of my life, my daughter's, everything. >> his wife is a bart k-9 training officer. she was working that day and heard the call come in over dispatch. his two brothers and brother-in- law are also in law enforcement. a public viewing will be next tuesday evening in hayward. his funeral will be wednesday morning at the neighborhood church of castro valley. a tommy smith memorial fund is set up at wells fargo bank, as well. and we will continue to follow this story closely. you can find the full interview with smith's family members on our website, kpix.com. >>> developing news out of the east bay, a young woman was shot to death in an oakland apartment in afternoon on frankly street near the nimit

we're grieving. and please, give us some time. >> reporter: many people who live at the complex are asking how it could happen. >> how any confusion could happen is baffling to me. >> reporter: former bart police officer and now a firearms instructor don cameron says officers are trained to stay close when searching a small area. >> very close quarters, officers are basically in a line one behind the other. some will branch off. >> reporter: while he is not on the case, he has investigated many officer-involved shootings. he says where sergeant smith was shot and the entry wound will help determine how it happened. >> being in a tight confined area, limited movement capability and probably some type of tripping or bumping accident, that's what i'd speculate. >> reporter: again, the autopsy is being done today. the result could be released by the sheriff's department as soon as tomorrow. as for the officer who opened fire, he is on paid leave. live in dublin, i'm da lin, kpix 5. >> thank you. >>> we a

we're grieving. and please, give us some time. >> reporter: john henry lee, the man accused of stealing the electronics, was in jail, which the investigators knew. they were taking the opportunity to search his apartment. the officer who fired the fatal shot has not been identified and police are not elaborating on what went wrong. >> obviously it's a tragic situation. you know, you can't second- guess anybody and obviously until the investigation is done you're not going to know what happened. >> reporter: don cameron is a police tactics expert and former bart cop. he says he can only guess what happened but the small size of the apartment offers a clue. >> usually, in that type of situation, it's not going to be a surprise. in other words, one officer isn't going to come around the corner in front of another officer. that's not going to happen in that small an area. so it's probably being in a tight confined area limited movement capabilities and probably some type of tripping accident, bumping int

. >> not only my family out here grieving. his family. there's another officer's family out there grieving. we hope that the community respects everybody's grief and supports everybody involved. >> reporter: patrick smith is tommy's older brother. he is a field training officer for newark pd. >> you know, you don't expect to bury your brother. you expect to bury your parents or grandparents, not your little brother. >> reporter: ed is the oldest of the three. he works for the alameda county sheriff's department. he says tommy would prefer to -- he says tommy would prefer to his wife and 6-year-old daughter as his girls. >> it's hard. it's really hard. but a lot of support has helped. the police community is incredible. >> reporter: tommy comes from a family of law enforcement. and they have one rule: never say good-bye, just say "stay safe." >> never say good-bye, just i love you. stay safe. that's all you can do. no guarantees in life especially in our line of work. >> reporter: tommy's brother-in- law is a k-9 officer with h

with me now is the grieving family and a medical ethicist. let me ask you off the top.hen you put together what has happened here, we have a funeral director who i haven't revealed this yet but i will now demanded $7,000 wire transfer to send this body back. when the body came, the death certificate actually had their mother and their wife down as a dead man. it then turns out he'd actually sent the wrong body, and it was actually another woman. they lied about having just one body at their funeral parlor. they didn't. they had two. everyone seems to conspire here to make this as bad as it could possibly be. what is your reaction to this? >> it's a horrific story, and i'm so sorry to hear this tale. i've never -- i've heard of bodies being mixed up at funeral homes, but not anything like this. and the patten of lying is just awful. it makes one a little bit suspicious. there has been over the years some trade in bodies, not so much for organs but to try and get bodies for use in teaching and so on. my radar is just up on that. not saying that happened. i hope nothing li

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

now a court case that pits a grieving family against the texas hospital that says it's bound by law to ignore their wishes. at the center is a woman named marlise, pregnant with her second child. she was declared brain dead. when they learned she was brain dead, her husband and parents stating her wishes asked the hospital to remove her from life support. now they're asking a judge to intervene. so where is this now in the courts, ed? >> reporter: well, the lawsuit and emergency motion were filed today, anderson. it's not exactly clear when it will make it before a judge or how quickly a judge will rule on this motion. so we're hoping in the next day or so, we'll get a better understanding of that. but the family clearly wants this done rapidly. they want her disconnected from the ventilators and her body turned over to them for a proper burial. >> sunny, you have been vocal on this. you say the hospital is doing the right thing. >> i think so. i think the situation is murky. so the right thing is to turn to the courts for direction and clarification. but you know what i really want to

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. the chief promised they'd get through this moth. >> want to give him a chance to grieve. i visited with him last night. he's upset. obviously. want to give him a chance, his family to come to grips with what's happening. >> the question, training also came up today. bart sedz all officers were wearing bulletproof vests. everything about that apartment search, they say was by the book. until the shooting. wayne freedman abc7 news. >> and as you can tell we're hearing wonderful things about the officer who lost his life. abc7 news is live

and tyreese gibson with whom he was particularly close -- >> we've seen him grieving on social mediacrash site. it's indicative of the fact that they were very, very fight. he had a good relationship, a very good relationship with his "fast & furious" cast mates. >> days later, those cast mates -- >> the most important thing will always be the people in this room. >> after a time of grieving and the funeral of paul walker, production of "fast & furious 7" is scheduled to resume early this year. with a release date now sched e scheduled for april of 2015. in the end, walker left a lasting impression, in life and death. >> you forgot that he was an actor. you forgot that he was a name. he was just -- he was a friend. we all lost a friend in this. >> focus, it's right here. it's what's important. it's of the heart. it's family, it's friends. it's family, it's friends. the rest? -- captions by vitac -- www.vitac.com >>> what started out innocently with teddy bears became anything but at the vma awards in september. a performance that had tongues wagging. >> it became that moment of a sin

. >>> plus a police department grieves as concerns grow after a b.a.r.t. veteran is shot and killed by affellow officer. >> tracking significant changes in your forecast. today, another round of unseasonable warmth but, hey, this super bowl of surfing might just happen. the mavericks invitational, best surfers in the world on standby. we'll let you know how likely that surfing competition is to go on. >>> looking over at the commute. starting the big backup. crash in san jose and b.a.r.t. recovering from an earlier problem with equipment. we'll sort that out coming up. >>> a live look of san francisco. wednesday, january 22nd. good morning, this is "today in the bay." >>> very good wednesday morning to you. thanks for joining us. i'm laura garcia-cannon. and. >> i'm scott mcgrew. >> begin with breaking news in the east bay. crews on the scene of an apartment fire in berkeley. that fire broke out 4:00 this morning at a complex on the corn of blake street and shattack, a few blocks from the campus. the fire is under control and people inside the complex were

you can see a line of officers saluting in respect and offering their sympathies to his grieving wife who also is on the force. >>> thanks for joining us. i am kristen sze. >> he was a 23-year veteran of the bart force, a husband, and a father. the bart board held a moment of silence in his memory at their meeting today. >>> katie marzullo joins us from oakland with that story. katie? >> bart police chief says he has met with both the family of the fallen sergeant and the family of the officer who shot and killed him. he says they are doing well. they were on the minds of everyone at the bart board meeting. >> a moment of silence in memory of our fallen police sergeant, tommy smith, his family, and those impacted by the shooting. >> after the silence the police chief spoke of the fallen sergeant tom smith, the chief became choked up talking about how the community has shown so much caring. >> we have a lot...we have from the public and law enforcement around the country. >> as for the shooting that took the life of sergeant smith, a source told use that the officer who fired that fata

. >> not only my family here grieving. his family. there's another officer's family out there grieving. just hope that the community respects everybody's grief and supports everybody involved. >> patrick smith is tommy's older brother. he is a field training officer for newark pd. >> you know, you don't expect to bury your brother. you expect to bury your parents or grandparents, not your little brother. >> reporter: ed is the oldest of the three. he works for the alameda county sheriff's department. >> it's hard. it's really hard. but a lot of support has helped. the police community is incredible. >> reporter: tommy comes from a family of law enforcement. he wasn't just a brother-in-law to me. he was my brother. i gained two more. >> a family of law enforcement that never says good-bye, just stay safe. >> you try to make sense of it. it doesn't make cents. your heart goes out to that officer. we're going to mourn or loss of our brother. we'll never forget him. but there's someone else and another family affected by this, too. i feel

he told us off camera he is now grieving the death of his knees. ece.is ni they do not break into the home. -- they did not break into the home. > northwest washington, john gonzalez, abc seven news. >> a fatal pedestrian accident in prince george's county on route 50. a man was walking on the beltway early this morning when he was struck and killed. no word yet on the identity of that man at this time. the case is still under investigation. still ahead, from new england to d.c.. we'll take a look at the impact winter storm. why chris christie is celebrating today. we'll have the latest on the growing security concerns i had of the will -- ahead of the winter games in sochi. a live look around the nation's capital. you can just barely loo make >> breaking news this afternoon coming out of maryland. state police are reporting that two people have died in a crash in frederick county. no other details are available right now. the accident has closed route 140 near the maryland -pennsylvania state line. we will have an update coming up later on. at noo

. >> not only my family out here grieving, his family, there's another officer's family out there grieving. so just hope that the community respects everybody's grief and supports everybody involved. >> reporter: patrick smith is tommy's older brother. he is a field training officer for newark pd. >> you know, you don't expect to bury your brother. you expect to bury your parents. you expect to bury your grandparents. not your little brother. >> reporter: ed smith is the oldest of the three. he works for the alameda county sheriff's department. he says tommy would refer to his wife and 6-year-old daughter as his girls. >> it's hard. it's really hard. but a lot of support has helped. the police community is incredible. >> reporter: tommy comes from a family of law enforcement. and they have one rule: never say good-bye, just say stay safe. >> never say good-bye. just i love you, stay safe. that's all you can do. no guarantees in life especially in our line of work. >> reporter: tommy's brother-in- law is a k-9 officer with hayward pd. >> tommy wasn't just a brother- in-law to me. he was my

we're grieving, and please give us some time. >> right now at 6:00, the police chief chokes up as he and officers try to understand what went wrong during investigation that ended when an officer shot and killed one of their own. thanks for joining us. i'm janelle wang in for jessica aguirre. >> i'm raj mathai. new details about the tragic mistake. an officer killed by his long-time colleague. we're learning more about sergeant tom smith and getting a clear picture of michael mays, the officer that shot him. we behind with jodi hernandez and the internal investigation, jodi? >> reporter: raj, it is very complex investigation. tonight, we know what led officers to that dublin apartment, but we still do not know what happened inside that prompted a bart officer to pull the trigger. >> we are in shock, disbelief, we're numb. we're grieving, and please give us some time. >> reporter: a visibly shaken chief ken ton rainy this morning identified the bart detective accidently shot and killed by a fellow officer as 42-year-old tom smith, the head of the department's detective unit. >> both p

a lot of people expressed a desire to do something, want to grieve, they could come and place some flowers, or have a private moment at one of the two spaces outside or inside the mall. >> i don't know the people who lost their lives. but it is so, so sad. >> reporter: so both shoppers and workers are being encouraged to acknowledge what happened here as they attempt to get back to normal, without forgetting. the county exceptter ken ole man and governor martin o'malley, who just arrived, are expected to join each other inside the food court for lunch as a sign of solidaritity with the workers here and the shoppers at columbia mall. reporting outside the columbia mall, live, scott broom, wusa9. >>> today a judge has ordered what is called an extended evaluation for a germantown mother, who is accused of murdering two of her children. authorities say avery's two children died when she was trying to perform an ex says im- - to perform afeat. avery is also facing charges because of injuries to two older children, ages 5 and 8 years old. >>> weather headed our way, we did hit 50 at some point.

george kiriyama spoke with her grieving family and joins us live in san jose. george, i presume that's where she went to school. >> yes. she was a junior here at oak grove. and caitlin's family is devastated. they said they don't want any other family to feel what they're going through. their message tonight, make the right decision because your life may depend on it. >> we're grieving the loss of our 17-year-old daughter. that we're never going to see again. >> reporter: it's her smile and happy nature the family will miss the most. 17-year-old caitlin benson died in a high speak wreck near the port of oakland friday morning. >> this is a tragic, tragic thing for our family. nobody, nobody should have their 17-year-old daughter die in a car wreck. under any circumstances, but especially racing in a car or driving fast and doing things at night when they should be at home. >> reporter: police say the car she was driving left the road and hit a pole. the crash killed benson and hurt a 17-year-old passenger. speed was a factor. >> what i would do is try to have a

we're grieving. please give us some time. >> what we're learning about the other officers that were on the scene during the shooting and more about the investigation of sergeant tom smith was conducting when he was killed. >>> and vallejo police are investigating a homicide involving a naked woman, accused of shooting a man at a mobile home park. >> he called it california's comeback. in an upbeat state of the state address from governor jerry brown, but it was not without words of caution for lawmakers. . >>> new information this afternoon about the deadly shooting of bart police detective sergeant tom smith. good afternoon, everyone. i'm mike mibach, in today for tori campbell. ktvu's gentlemen lean de la vega was at a news conference at the police station and joins us with more. >> reporter: the police chief was emotional, choking up talking about sergeant smith. he wouldn't reveal much about the actual shooting. we did find out new details that smith was wearing plain clothes when he was shot. th

he said his department is grieving and they really need time to process this. he said personally and professionally tom smith will be missed as was mentioned earlier. he is the first officer killed in the line of duty in the department's history. now this morning officers from san jose including chief larry escovel came to offer condolences in oakland where where officers are in mourning. smith was a 42-year-old veteran whose wife also worked for the b.a.r.t. police department. they have a 6-year-old daughter. his two brothers are also in law enfo enforcement, one works are for the alameda county sheriff's department. smith, a sergeant, was shot and killed accidentally by a fellow officer yesterday in an incident that's really stunned the department and the law enforcement community. here is how the chief described him. >> a great guy. can-do attitude. very, very supportive of his personnel. just a really, really happy guy. a family man. i got the opportunity to meet his mom last night. his two brothers are also in law enforcement locally. just couldn't meet a

we are grieveing. please give us some time. >> the chief said they were there to recover stolen goods. they were looking for things including a laptop and a laptop bag the chief says that the officers did know that the suspect was already in custody but they did not know for sure there that apartment was empty. the door was unlocked. they went in they had guns drawn and thought possibly someone could be in. they have not said why he was shot. that is still part of the investigation. they still need to come up with a timeline and republican -- reenactment. they will not release the name of the officer who shot sergeant smith until next week. the chief wants to give him time to grieve. he met with the store last night and says he is terribly upset. >> amy, thank you. the 42-year-old officer is survived by his wife, kelly smith, who also is a bart police officer. the couple has a six-year-old daughter lives in san ramon. a memorial is growing (o) line if sergeant smith and a number of facebook friends cha

. >>> 115-year-old hadiya pendle pendleton's parents became a symbol for grieving parents all across the country. a year later, the pendletons are among countless americans, state of the union. christophe putzel see taking stock of what if anything changed. >> chicago feels like two different cities. on one side a modern metropolis, filled with glittering high rises and symbols of american corporate wealth. on the other side a virtual war zone. run over by drug lords and gangs. the debate over gun control. suddenly everyone was focusing on the murder capital of the country and what could be done to bring the violence under control. >> more than a thousand birthdays graduations, various, have been stolen from our lives by a bullet from a gun. more than a thousand. one of those we lost was a young girl named hadiya pendleton. she was 15 years old. she loved figure newtons and lip gloss. she was a majorette. she was shot and killed in a chicago park after school. hadiya's parents, nate and cleo are in this chamber tonight. >> that was a thrill. we were there but not present in terms of

. >> not only my family here grieving. his family.cer's family out there grieving. i hope the community respects everybody and supports everybody involved. >> reporter: patrick smith is tommy's older brother. he is a field training officer for newark pd. >> you don't expect to bury your brother. you expect to bury your parents and grandparents. not your little brother. >> ed smith is the oldest of three and works not alameda county

of course, now we're starting the grieving process.d to start the grieving process when we still had this body that we knew was an empty shell in front of it. we really couldn't start grieving. but now we can. for me, our story does not end here. it will end when we have laws changed and -- >> and you're going to continue to fight for that? >> yes, yes, we are. yes. >> i wish you -- i'm so sorry for all you've gone through as a family and i wish you strength in the days ahead. >> thank you. thank you. >> hard to imagine what they have been through. and will continue to go through. when we come back, we'll have more on the winter weather down in atlanta. our lead story, the ice down south. hey there, i just got my bill, and i see that it includes my fico® credit score. yup, you get it free each month to help you avoid surprises with your credit. good. i hate surprises. surprise! at discover, we treat you like you'd treat you. get the it card and see your fico® credit score. with olive garden's plebest 2 for $25 yet choose two melt-in-yo

and of course, now we're starting the grieving process.s hard to do, hard to start the grieving process when we still had this body that we knew was an empty shell in front of it. we really couldn't start grieving, but now we can. for me, our story does not end here. it will end when we have laws changed, and -- >> and you're going to continue to fight for that. >> yes. yes, we are. yes. >> what brave people. i cannot imagine what they have all had to go through, and to put all of that legal wrangling on top of something that is just so horrible in the first place? wish them really the best of luck and thank them for telling their story, really, really thank them. >>> coming up, just how did hackers get their hands on your personal information at target? we have new details this morning about what happened in "money time," right after the break. >>> welcome back to "early start." it's "money time" right now. losses in stock markets in asia and europe right now, sell-offs following what happened in the u.s. yesterday, but it looks like stoc

of course, now we're starting the grieving process.o start the grieving process when we still had this body that we knew was an empty shell in front of it. we really couldn't start grieving. but now we can. for me, our story does not end here. it will end when we have laws changed and -- >> and you're going to continue to fight for that? >> yes, yes, we are. yes. >> i wish you -- i'm so sorry for all you've gone through as a family and i wish you strength in the days ahead. >> thank you. thank you. >> hard to imagine what they have been through. and will continue to go through. when we come back, we'll have more on the winter weather down in atlanta. our lead story, the ice down south. my dad has aor afib.brillation, he has the most common kind... ...it's not caused by a heart valve problem. dad, it says your afib puts you at 5 times greater risk of a stroke. that's why i take my warfarin every day. but it looks like maybe we should ask your doctor about pradaxa. in a clinical trial, pradaxa® (dabigatran etexilate mesylate)... ...was p

i'm challenging their statistics. >> the numbers mean even less to those still grieving as a result of the violence. >> right now we are trying to focus on at-risk kids. such as the same ones that killed our daughter. i want to be able to talk to those kids and say, why aren't you going to try to talk to the girls instead of shooting at them? you don't kill a girl. you go talk to her. you know, find out why they're so mad. what's your problem, you know, maybe we can help you. >> losing a child is like dying a death that you can't fully participate in. you're forced to live. there isn't a number i can quantify that feeling with to describe the feeling, what it's like to actually lose someone you have actually raised and nurtured. it is numbing. it is life-altering. it is one of the deepest, darkest moments you could ever live through. >> in this divided city nate and cleo pendleton lost their daughter in an epidemic of violence that's become a way of life. and the question of whether things are improving here or just the same, depends on which chicago you live in. >> "america tonight"'s

just, you know, grieving in our own ways. >> all right. evelyn mcdonald for us, thank you very much for joining us. my best to you and to all the folks there in maryland. good luck. >>> now, hours ago a brain dead and pregnant texas woman was removed from machines keeping her alive. it's what the family of marlise munoz wanted. and a victory if it can be called that came after an emotional wrenching ordeal. munoz was declared braindead in november. a texas hospital kept her body on life support to preserve the fetus she was carrying. a judge ruled friday that munoz should be taken off ventilators and respirators by monday. the hospital chose not to appeal the judge's ruling. i want to bring in national reporter nick valencia joining us outside the hospital at the center of this controversy in ft. worth. nick, how is the family doing? >> reporter: well, miguel, i just got off the phone with lynn machado, the mother of marlise munoz. she told us this, as you can imagine, has been an incredible day of grieving for the family. she said we hope

-- on duty police officer. >> reporter: we know this is heartbreaking for the entire department, grieveing them cope with the loss of sergeant thomas smith who had 20 years who is also helping them. smith's brother has a young daughter and described him as being a great father, and great uncle and he is married to kelly smith, another bart police officer and they described him as the nicest person with a gruff exterior but he had a gentle smile which would light up the room. he sent his condolences to the family and declined to answer any questions last night. chief rainy and others formed a prayer circle outside the medical center where thomas smith was. smith comes from the area, the sheriff's department are expected to say more this morning but this is the first officer that has been killed in the line of duty in the department's history. reporting live from oakland, janine de la vega, ktvu channel 2 morning news. >>> janine de la vega, thank you, make sure you stay right here with ktvu channel 2 news and www.ktvu.com for more on this tragic shooting. and bart will hold a news confer

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

they stated that their hearts go out to the family estate grieve this sad situation.cle has also been fighting. he stated that he loves her, and that he will come visit her. there has been talks made about who is funding this because it is want to be expensive. so far, they have raised over $40,000 towards her care but right now, it is a strictly donations but they're not stating where they're coming from. >> i understand, is not public money, it is their business what they do but why are they keeping a secret? >> you just heard the ternate say that they have received threats because there stating that they should get over. the sun is still maintains the she is not dead. this is why for her safety, they're not want to release the information. there are a lot anger towards the family as well as the turning. people stated that the attorney should be disbarred. they just do not want people there and they have speculation that there's not a facility out there. they stated that two facilities were born to take her and then forever reason they changed their minds. now, they

and of course, now we're starting the grieving process.do, hard to start the grieving process when we still had this body that we knew was an empty shell in front of it. we really couldn't start grieving. but now we can. for me our story does not end here. it will end when we have laws changed. >> you're going to continue to fight for that? >> yes. yes, we are. yes. >> i wish you -- i'm so sorry for all you've gone through as a family. i wish you strength in the days ahead. >> thank you. thank you. >> one of things that marlise's mom said gives her strength is the belief, the firm belief marlise is in heaven and was there to greet her baby nicole when she got to heaven. up next, nearly 700 people got sick on a cruise ship, throwing up, having symptoms, other symptoms as well. the ship came back today. what the cdc is now saying about what happens next coming up. ♪ ♪ [ male announcer ] a car that is able to see, to calculate, to think -- and can respond to what it encounters. ♪ even if that means completely stopping itself. it's the stuff o

what they're saying is going to grieve this symbolically.et some time with his deceased daughter privately under the aegis of the sheriff or sheriff's deputies, but you won't be able to do the public or the grieving with the family that he'd like to do. but, also, please be aware that there were three domestic violence charges against him filed by mom. mom did not show up. those were dropped. so i'm very suspect when mom says, please, let -- let this man be at his daughter's funeral. i wonder if this is a continuing cycle of violence in that she may feel emotionally, psychologically that she is self-coerced into inviting him to be there. >> yeah, and that brings up a very good point, holly. do you think that could have entered into the judge's reasoning? >> absolutely. because what we're see something a pattern where there were prior domestic violence incidents where the mother was the victim. so this man was allegedly violent to her in the past. the police would be called, a report would be made, but when it came time to prosecute, this vic

his family members and friends said he is devastated and over come with grieve. >>> in the meantime the big questions with this tragic incident have not revealed why or when it went off. >> were you shocked -- >> we are grieving and please give us some time. >> we may get the results of that report very soon. stay right here with channel 2 for continuing coverage as the new information comes in about the investigation and we will bring it to you on air and to your mobile device. >>> in his state of address, governor brown found the budget surplus but said we need to learn from past mistakes and need to put some money in a rainy day fund. >> our budget surplus is in the millions. >> he will nibble at his didn't and the card shows good years have been followed by bad years. >> in exchange twitter is providing community benefits to the tenderloin neighborhoods. they are providing am more but it will increase community donations this year. if you have 'opinion the district what more. they may raise tolls to $8 by 2018 to pay for budget shortfalls and they will not consider it until the end

everybody is grieving. >> police identified the victims. man told us he was grieving for his niece but would not speak on camera. the spite the fact both victims were shot in the head in this apartment, howard university students next door say they did not hear anything at all. >> it is scary. that kind of shakes me up a little bit. >> the student mark johnson it is in his junior year. the shocking crime happened just across the street from campus. the victims were not students but you may remember when omar sykes was gunned down to just one block away from last night's violence. his murder still has students on edge. not a good thing. >> students tell us that the front door was unlocked and there did not appear to be forced entry. also, marijuana and cash were found but they said they did not know if had anything to do with the killing. information that might provide a break in a chilling case of two lives lost. >> i hope people come together. up -- coming >> despite to the snow and the cold, despite the wind, there are those of us who hav

the munoz family will now proceed with the somber task of laying marlise munoz's body to rest and grieving over the great loss that has been suffered. >>> well, music's biggest stars got prepared for the biggest awards. ringo and paul got together for a song and that is just a tiny part of the almost four-hour show. >> random access memoriry --s. >> reporter: daft punk won five awards with album of the year. >> sail on a ship called generosity. they're generous spirit. >> reporter: they performed their song "get lucky" with stevie wonder and manipulates later claimed record of the year with collaborator of the year pharrell williams. >> the robots would like to think, obviously, france is really proud of these guys right now. >> royals! >> reporter: song of the year went to new zealand's king lorde who also took ohm the best performance. >> this is the one thing that i did not expect the most about tonight. >> reporter: hip-hop duo macklemore & rhine lewis scored four grammys for best rap and new artist. >> i want to thank the people that got us on the stage. >> reporter: they got on the s

meanwhile in his home town family and friends are grieving saddened by this senseless tragedy. >>> theuy if you are stranded 100 miles away you need to call one person, he would be there in a heartbeat. i love him and i wish i had said that. probably would have punched me in the arm. >> davidson will be greatly missed by his friends and family. because the killer is on the lose they are urging drivers to be very batchful. follow your gut instinct. if you feel threatened by another motorist call 911. of course ainsley that's what davidson did. unfortunately police didn't make it there in time. >> thank you so much, kelly. >> the car jacking at a mall last month are due in court today on murder charges. the men are accused of killing 30-year-old dustin freedman. the couple was targeted after shopping because they drove a range rover. all four men have been in custody since their arrest. that was last month. >>> former new england patriot erin hernandez's roll in a killing becoming clearerer and clearer. they identified hernandez as a suspect in a drive-by shooting that left two people de

. >> our hearts go out to the family as they grieve for this sad situation. we wish them closure and piece. how long could this go on for? >> could we be here in a year, two years, five years, ten years? you hear stories of people being on some form of life support for two decades, how long will you as a family persevere? >> right now we're taking it one day at a time. we're happy she is where she is right now, that we were able to remove her safely from children's hospital. right now we're going to take it one day at a time. >> are you working on the theory that miracles happen? absolutely. i will say this. getting her out of children's hospital was a miracle. that was a miracle. the fact that we had deadline after deadline after deadline pressure situations where they were right there about to pull the plug, and every time they put an obstacle in our way, we were able to overcome it, that alone is a miracle. the fact that i found christopher dolan in the middle of the night, called him on his personal cell phone number, he had no idea who i was, no idea abo

last night's transfer to children's hospital, oakland said, our hearts go out to the family as they grieve for this sad situation and we wish them closure and peace. it is unclear when jahi mcmath will be moved to that long-term care facility and in all likelihood it is in new york but attorneys said she will be set for that that transport and we do expect to get an update, alex savage ktvu channel 2 morning news. >>> this heartbreaking case began when jahi mcmath went in for surgery and suffered serious complications that led to a heart attack. on december 12th she was declared brain dead and then they issued a restraining order to keep them from taking her off the ventilator and then the order was extended until tomorrow to give the family time to move her. last night jahi mcmath was quietly released from the hospital and released to her mother. >>> and pg&e crews will be working to repair broken gasoline after a car drove through a fence into the side of a duplex. that happen had on the intersection in oakland. it severed multiple gasoline lines and once it was kept people were allowed

the hospital said it is cooperating as best it can with a grieving family of a dead girl. >> i look at her, i'm supposed to be able to help her. this hospital has my hands tied. i'm very sad. >> reporter: the family's attorney petitioned the state appeals court for an emergency order. for breathing tube to allow transfer of jahi's body to another facility. >> this is a deceased young woman. there is no position that he's brought forward that will perform any surgery on a dead body. >> reporter: the family in the hospital fired off these dualing letters. there were three unprecedented legal cases in state and federal court. over what the hospital and cannot do. a judge yesterday ruled the child dead after ton sell -- tonsillectomy surgery. the hospital said any surgery on a dead body is ethically wrong. >> they are setting up roadblocks. imagine this if jahi does come back as we hope, imagine what childrens is going to have to face. >> the court in three positions ruled this young lady dead. she's not coming back under any circumstances and that's the said truth. >> reporter: late today