the suit claims monta ellis kept a secret cell phone that he used to text erika ross smith. she claims it included texts like i want to be with you. hey, sexy. when monta ellis' wife found out she worked to get erika ross smith fired and 9 days after smith was contacted by a reporter asking if monta ellis was stocking her the warriors fired her. >>> police are at a hotel where an officer shot a suspend this afternoon. ktvu's yawn s live with what brought police out to the hotel in the first place. john? >> reporter: this all started at that hotel, the extended stay america and it ended here at the courtyard marriot. an officer shot the suspect. investigators say they got the call this afternoon of a man with a gun who was threatening guests at the extended stay america. by the time they got here, the man disappeared, over a fence and fast the social security building next door. he was then spotted at the courtyard marriot. one officer stopped this car. then armed with a gun, the officers spotted the suspect behind the courtyard marriot and then the officer felt threatened and

she is erika smith.he is in her 30s and she was working in the community relations department for the warriors. she has worked for three nba teams in her 14 year career. smith says ellis sent her dozens of texts that were inappropriate and harassing. she says her responses were always professional. at some point during this ellis actually had smith reprimanded. he said she wasn't doing her job. shortly after that that, she says he sent her a text photo that he claimed was of his genitals. we saw it in the news conference today. the attorney want today to make sure we understood it was not a frivolous lawsuit. we are not going to show it is not suitable for television. smith says the texts were known to the warriors. when the story started getting out, she was fired if. >> i worked with the players i had billing action with the players. >> texts were not work-related. the texts were unwelcomed and harassing. most of the texts were sent late at night or in the wee hours of the morning. we have evidence her

you can see the picture of the plaintiff, eric ca-smith, on the -- erika smith. >> the texts were not work-related. the texts were unwelcome and harassing. most of the texts were sent late at night or in the we hours of the morning -- the text started with the phrase "hey sexy." >> she also presented a photograph which ellis allegedly sent to his client. it apparently shows exposed male genitalia. we blurred it out, as i said. the warriors' president denied the allegations against the team. >>> in richmond, a man with a gun was shot by police at this hotel. this is video of the scene. officers responded to a call of a man with a gun at the extended stay hotel near hill top mall. when police arrived, the man fled. he was located a short time later outside a marriott hotel nearby. of that's when an officer opened fire injuring the suspect. what prompted the officer to shoot at the suspect is still under investigation. >> friends and family gathered at a temple in san francisco's pacific heights today to remember philanthropist warren hellman. it's estimated 2,000 people were in attendan

she is erika smith. she is in her 30s and she was working in the community relations department for the warriors. she has worked for three nba teams in her 14 year career. smith says ellis sent her dozens of texts that were inappropriate and harassing. she says her responses were always professional. at some point during this ellis actually had smith reprimanded. he said she wasn't doing her job. shortly after that that, she says he sent her a text photo that he claimed was of his genitals. we saw it in the news conference today. the attorney want today to make sure we understood it was not a frivolous lawsuit. we are not going to show it is not suitable for television. smith says the texts were known to the warriors. when the story started getting out, she was fired if. >> i worked with the players i had billing action with the players. >> texts were not work-related. the texts were unwelcomed and harassing. most of the texts were sent late at night or in the wee hours of the morning. we have evidence h

erika smith was fired after allegedly ellis sent her in a protest messages. >> the text messages were not work-related. they were on welcomed and harassing. most of the text messages were sent late at night or in the early morning. the text messages started with the phrase haystacks the. the president of the warriors is denying the allegations. we will be right back as the kron4 news continues. >>mark: fedex had a pretty good quarter. we have seen a sharp rise in holiday shipping packages. fedex is usually considered a bellwether for the economy. lowest level of americans filing for unemployment. >>justine: overnight in berkeley at the civic center, protesters were supposed to be held by 10:00 a.m. but when they did not officers moved in. as we go to the scene you can see that the tents are still there. jackie sissel is on the scene with the latest. >>jackie: the tents into the protesters are still here. there are probably 25-30 tents in the park. police did give a warning yesterday that if they were not out of the part that it would be subject to arrest under a public lodging a compl

erika smith and her attorney filed a civil lawsuit today against ellis and the warriors. smith worked for three years for the team. he accuses him of dozens unwanted text messages. the team says it was consensual and asked them both to stop. >> i was let go to no -- it wasn't my fault i was let go. >> i want to emphasize that my client miss smith never, never wanted the texts. she never had any interest in or any sexual relationship with mr. ellis. >> when we were made aware of a consensual relationship between mr. ellis and the plaintiff, we did what an organization should do. we told both to stop promptly, directly, and fairly. >> the warriors are denying any coverup or any wrong doing. welts says the warriors never took any action against smith and plan to defend the organization in court. monta ellis is expected to be in the team's season opener. >>> the battle lines have been drawn on the east bay between the medical center and their bosses. several thousand registered nurses are planning a one-day walkout tomorrow at nine bay area hospitals. the hospital in turn is

erika smith, the warriors former director of community relaces filed a sexual harassment lawsuit. >> it started with the phrase, hey sexy. >> reporter: the lawsuit alleges beginning in november of 2010, he sent her text messages and a picture of his genitals to smith. her job description changed, and she was fired. >> it wasn't my fault that i was let go. >> reporter: she advises lowers not to do anything retaliatory. she says jurors will be suspicious. especially since it seems smith has evidence. >> it's going to be difficult to persuade a jury those were welcome advances. >> reporter: smith says she never had a sexual relationship with ellis. we caught up with the guard earlier today at a charity event and asked him about the allegations. >> he responded already, i'm just here to put a smile on his face. what happened happened. >> reporter: smith says she thinks now that she has come forward, she will be black listed from the industry. as far as ellis goes, he is married, and this lawsuit is seeking unspecified damages. reporting live from oakland, ktvu, channel 2 news. >>> the wa

erika smith, the warriors former director of community relaces filed a sexual harassment lawsuit. >> it started with the phrase, hey sexy. >> reporter: the lawsuit alleges beginning in november of 2010, he sent her text messages and a picture of his genitals to smith. her job description changed, and she was fired. >> it wasn't my fault that i was let go. >> reporter: she advises lowers not to do anything retaliatory. she says jurors will be suspicious. especially since it seems smith has evidence. >> it's going to be difficult to persuade a jury those were welcome advances. >> reporter: smith says she never had a sexual relationship with ellis. we caught up with the guard earlier today at a charity event and asked him about the allegations. >> he responded already, i'm just here to put a smile on his face. what happened happened. >> reporter: smith says she thinks now that she has come forward, she will be black listed from the industry. as far as ellis goes, he is married, and this lawsuit is seeking unspecified damages. reporting live from oakland, ktvu, channel 2 news. >>> the wa

but the warriors say monta ellis did not sexually harass erika smith. >> i want to emphasize that my client, miss smith, never, never wanted the texts. she never had any interest in or any sexual relationship with mr. ellis. to the best of our knowledge, he was married at the time and still is. >> attorney bulltoch went on to accuse the warriors' new ownership of gaining in a "vast cover-up to protect their star player" and that smith was fired from the warriors after she informed a human relations manager of reporters' inquiries into ellis' actions. today, warriors president and coo rick weltz also addressed the media. >> we were made aware of a consensual relationship between mr. ellis and the plaintiff, we did what be a organization should do. we told both to stop promptly, directly, and fairly. the warriors have never taken any action against the plaintiff for any inappropriate reason and we deny the allegations she is making. >> weltz went on to say the warriors will "vigorously defend the rep taking of the warriors' organization in court and no further statement would be made r

we're learning erika ross smith alleges ellis began texting her in 2010 while smith worked as team director of community relations. smith filed the lawsuit in alameda county superior court. afterwards the lawyer answered questions. >> i want to emphasize that my client miss smith never, never wanted the texts. she never had any interest in or any sexual relationship with mr. ellis. to the best of our knowledge he was married at the time and still is. >> attorney burton bulltoch went on to accuse new ownership of engaging in a "vast cover-up" to protect their star player and smith was fired from the warriors after she informed a human relations manager of reporters' inquiries into ellis' actions. today warriors president and coo rick wiltz also addressed the media. >> we were made aware of a consensual relationship between mr. ellis and the plaintiff. we did what an organization should do. we told both to stop promptly, directly, and fairly. the warriors have never taken any action against the plaintiff for any inappropriate reason and we deny the allegations she is making. >> reporter: he w

. >> reporter: erika ross smith's attorney said she never had a sexual relationship with monta ellis. monta ellis and the warriors didn't practice today. mike mibach, ktvu channel 2 news. >> monta ellis began his career in 2005 after being drafted by the warriors. he didn't play college ball. he was drafted out of high school in jackson, mississippi. he was named the mvp. and he has three years remaining on a contract with the warriors. >> developing news from richmond. police and shot a man and ktvu's john sasaki is live on the scene. >> reporter: it started that extended stay america and moved passed the social security building in front of it. pan to the right. that is the courtyard marriot. it ended when a officer shot the suspect to the right here. over here where all the officers are right now. that's where it ended. investigators got the call of a man with a gun at the extended stay america. by the time they got here he disappeared over a fence and past the social security building. next place he was spotted was in the courtyard marriot. one officer stopped his car. then armed