>> reporter: the department of public safety says the fact it's a bebe gun doesn't change anything and they say the officer who confronted this suspect had every reason to feel threatened >> the uncle heard, he was helping neighbors relay a message to them. >> i called there, told them to holler and tell them he doesn't have a gun. hold off. i'll get there and solve the problem. see if i can talk to him, whatever. >> it was too late. officers arrived the tomorrow to serve search and arrest warrants, saying griggs came out of the room and didn't stop after an officer fired a nonlethal baton. >> during a following investigation, it was a bebe gun. >> he is expected of killing a woman living in his home before she went missing the officers have been paid on routine paid aadministrative leave the department identified them. >> it's an unfortunate situation that took mr. griggs' life. we're seeking to comply with the law. >> investigators say the homicide case will remain active. they're still trying to find a body. >> a suspected gang member attacked a police officer as he was being arrest

instead, it was a bebe gun the department of public safety says the fact that he was warmed a bebe gun doesn't change anything they say griggs made verbal threats, came out of a room with a weapon, and didn't stop after an officer fired a rubber baton >> during an investigation, the weapon recovered was determined to be a bebe gun rifle. the weapon had no appearance of being anything other than a rifle >> he is accused of killing a 38-year-old woman as for the four officers who shot griggs they've been paid on routine paid administrative leave. >> it's an unfortunate situation that took mr. grig's life. and we're always seeking to comply with the law. >> reporter: despite the death, investigators say the homicide case will remain active. they're still trying to find the body. >>> two young children are in child protective custody after investigators pulled them out of a residential drug lab in san jose this morning sky 7 hd was overhead near north 28th and east julian street. federal agents say the tubs were holding liquid methamphetamine. >> national drug cart yelz are operating in th

>> reporter: the department of public safety says the fact it's a bebe gun doesn't change anything and they say the officer who confronted this suspect had every reason to feel threatened >> the uncle heard, he was helping neighbors relay a message to them. >> i called there, told them to holler and tell them he doesn't have a gun. hold off. i'll get there and solve the problem. see if i can talk to him, whatever. >> it was too late. officers arrived the tomorrow to serve search and arrest warrants, saying griggs came out of the room and didn't stop after an officer fired a nonlethal baton. >> during a following investigation, it was a bebe gun. >> he is expected of killing a woman living in his home before she went missing the officers have been paid on routine paid aadministrative leave the department identified them. >> it's an unfortunate situation that took mr. griggs' life. we're seeking to comply with the law. >> investigators say the homicide case will remain active. they're still trying to find a body. >> a suspected gang member attacked a police officer as he was being arrest

safety says the man shot and killed was not armed with a rifle after all as first believed but a bebe gunofficers serving search and arrest warrants for a murder. owe fishes say griggs made verbal threats, came out of a room on a weapon and did not stop. >> this is an unfortunate situation we're seeking to comply with the law. >> the department officials say the fact he was armed does not change anything the four believe their lives were in danger. the officers have been placed on paid leave. >> two teens accused of credit card fraud caught in a pricey sports car. a sheriff deputy spotted them in this sports car. the 19-year-old accused of using a stolen credit card. police say they used the car to book a $12 million vacation home in glenn ellen. he was arrested in march for trying to use a fake credit card to buy $10,000 worth of project in berkeley. >> a lot of excitement. the stage is set for belmont stakes. coming up, how anticipation is building for california chrome. plus... >> from blood, sweat, tears in it. >> plus, polar bear a big splash. dinner at the table. is approaching i th