. >> reporter: michael mays brother says that the detective feels he absolutely has to be at tomorrow's funeral. he says there was never any question that he would be there. tonight at the chapel of the chimes funeral, family has gathered. this is where a viewing is taking place tonight. >> he's very sorry and i know he's very upset about the whole thing. and it's -- it's going to be difficult going forward. >> reporter: that's how john mays describes how his brother, michael mays, is feeling. his younger brother who mistakenly shot and killed a fellow police officer is taking it very hard. >> this is something you don't plan for in life. you don't anticipate it. and i think as a result, it's something -- it's harder to deal with. mays says he hasn't talked to his brother about what took place inside the apartment, but he says, humans make mistakes. >> we're not computers, you know. and so things happen and it's just a very sad event. >> reporter: john mays says his brother loved his job and believes the highly trained officer was born to be a cop. >> he's a good cop. you know, he's a c

actually shot and killed smith worked with him for many years on many assignments, and his name is michael mays, and mays was hired on the force in february 2000. now, coming up at 6:00, we'll talk more about fbi statistics on accidental shootings, and those numbers might be surprising. reporting live in san ramon, cheryl hurd, nbc bay area news. >> all right. we invite you to stay with us for continuing coverage of the story both on air and online. nbcbayarea.com is updated around the clock. >> new at 5:00, a call for help. san francisco police need your help solving a homicide case. today they release this photo of the victim. in january of 2010 police say a group of young men attacked chen as he walked home. they hit him in the back of the head causing him to fall and hit his head again on the sidewalk. chen later died from his injuries. the mayor's office is offering a $100,000 reward for information leading to arrest and conviction. >> in oakland, the search is on for a toyota suv which is linked to a deadly shooting. investigators released this photo of the newer model silver toyota which

it's unclear if michael mays, the b.a.r.t. officer who reportedly shot smith was at the viewing but his brother told nbc bay area mays will be at today's service. >> how can you possibly minimize this tragic event? you can't. how can you forget it? you can't. >> michael mays on administrative leave into the shooting. private security guards will patrol stations today so b.a.r.t. personnel can attend the funeral. >>> police in hillsborough looking for a man who robbed a home after claiming he was a utility worker. take a good look at sketch released by the police department. clean-shaven, white man, early 40s, 6'2", 220 pounds. he told the person living at the home on sheldon way he works with the water department and checking for broken pipes. when the person let him in, the suspect say his stole several items. >>> the rules committee expected to discuss a proposal to encourage homeowners to notify police about their home security cameras. proposal was introduced by council member sam lecardo last week. he wants to create a ce

. >> we're doing the best we can to get through this together to support michael and pay our respects to the smith family. >> mays confirmed that michael and a large contingent will attend wednesday's services for sargeant smith. >> that viewing begins at 5:30. his funeral set for tomorrow morning at 10:00 >> and you can contribute to a memorial fund on our web site go to see it on tv. >>> search crews in the east bay are looking for this developmentally disabled man who was separated from his group. he he was last seen around 10:00 this morning near the park stands. >> sky seven hd also at the scene today of the trailer fire in san jose just as a propane tank exploded around 11:30 this morning. they began dousing flames with water. >> authorities in santa cruz county looking for a man accused of setting a car on fire they say surveillance cameras captured these pictures of the arsonist. and damaged a limo scene. look at the arsonist here. no one else is injured in this fire. >> we're learning about the criminal past of a convicted sex offender that went on to the campus of a south bay school. police say he now l

he confirmed today detective michael mays, an officer with 26 years experience under his belt fired the fatal shot. >> you can have all the training and experience in the world. we have been train our people every day and perform on the field in the off days and probably something like this could go wrong. >> reporter: the chief says he is taking steps to ensure the tragedy is not repeated. he's requiring written approval before probation searches take place including the use of lapel cameras. it's still unclear whether the uniformed officers at the shooting scene had their cameras on and recording, but the chief says if they didn't, they should have. >> those tough questions will be asked and answered and we will not hide from the truth. >> it was a tragic set of circumstances that came together. >> reporter: michael rains who represented the two oakland officers involved in that department's fatal 2001 friendly fire case says mays will likely never shake what's happened. >> my sense is that what happens in these cases is you lose not only the tragically the life of the one officer who

michaels says that they may have been hit.y on payment cards they don't know how many could be affected when it happened or in stores. this is after retailers target acknowledged breaches. neiman marcus said that 1.1 million names may have been obtained. >>> cheddar cheese ice cream coming up on dine and dish that and more of the foods that you will see at the market. it was warm out there. and we have storms heated our way. >>> time for the tech report in partnership with google play. >> this has been amazing. >> the grammy awards are this weekend. now that music is mostly bought or streamed through platforms like google play. there are new ways to track the hottest music of the year. i visited with google play's entertainment expert to get insight before it airs. >> we thought it would be cool to see if we could predict some of the winners. >> they looked at record of the year. the grammy titles are strange record of year is for the best single song of the year. >> record of the year we took a look at see who has the most po

thousands of customers of michael's may have had their personal information stolen. still ahead. plus trying to make electronic currency mainstream. we will take you inside the bit coin conference in miami. next. in the village the deputy mayor remembers him and wonders >>> yet another retail chain may have fallen victim to hacking. thousands of customers who recently shopped at the nation's largest craft store chain, michaels, may have had their accounts compromised. in a statement, the company's chief executive said we are taking aggressive action to determine tate and scope of the issue. we believe it is in the best interest of our customers to alert them to this potential issue so they can take steps to product themselves. michael's is the latest in a string of store hackings, following neiman marcus and 100 million target customers were also compromised. >>> some say a more securie way to shop may be bitcoin. it is gaining traction online and nevin stores. more than 500 people are trying to make the currency mainstream. tasha has more >> reporter: one thing is very evident h

smith died after being shot by bart detective michael mays. mays did not attend the funeral. they have set up the tommy smith memorial fund in san ramon to benefit his family. we have the address and the account number on abc7news.com. >>> it was a rough commute all because of a problem that happened more than eight eight hours ago. the traffic crawled along well past the evening rush hour. a car struck a power pole on the hayward side around 2:30 this afternoon. the pole collapsed forcing the closure and the result is the huge back up you can see here. a drive across the bridge from end to end took some folks two hours. >>> a san jose office park is cleaning house, sort of. dozens of trees are being removed as a place to remove trees. mostly redwoods. they are shocked by the removal of so many trees. the developers say they will be replaced by smaller flowering trees. the change is an effort to improve the occupancy rate in that office park. >>> we are tracking the storm tonight. live doppler 7hd shows the rain moving through the bay area right now. we will have details on h

. >>> the officer who fired the fatal shot has been identified as michael mays. this is video from a holiday safety story that bart put together a year ago. mays is giving out tips and pointers to bart riders. the 14 year veteran is deeply remorseful and regrets what happened. >>> the suspect of the original investigation, what led police to that apartment. >> reporter: his neighbors are speaking out about the bizarre behavior. jimmy is talking about 20-year- old john henry lee. he has been here at the alameda county jail since thursday. he was being investigated when tom smith was accidentally shot by a fellow officer. yow is just a few doors down. >> he would ask me or my brother, like, can he borrow our phone to use it to call someone. >> reporter: it was back on january 16th when a san leandro police officer interrupted a burglary. they were led on a chase into oakland where he was caught with a police dog. a gun was recovered. that was the end of his rampage. the morning before he was arrested he stole a car from a bart station then robbed someone at gun poi

. >> the brother of michael mays told abc7 news his family is devastated by what happened last week. we're doing the best we can to get through this together and really pay respects to the family. >> police identified mays as the bart officer that accidentally shot and killed officer tom smith. >> detective mays as expensive background in criminal investigations where he received extra training and experience. >> in 2013, 200 sworn officers named incidents but draw firearms on 40 occasions. telling us michael is holding up under circumstances. >> it's unimaginable. it's tough for the family. i'd like to say we're worry. >> mays confirmed that the family will attend services for sargeant smith. >> officers will patrol bart stations so personnel can attend the funeral. they want to be there in person.. >> so rare were sargeant smith and family of the dangers they had a rule about what they would say to each other whenever they would leave either other's company. you never say goodbye. only tell each other be safe. >> the viewing runs until 9:00 tonight. the funeral tomorrow morning at 1

smith died after being shot by bart detective michael mays. mays did not attend the funeral. they have set up the tommy smith memorial fund in san ramon to benefit his family. we have the address and the account number on abc7news.com. >>> it was a rough commute all because of a problem that happened more than eight eight hours ago. the traffic crawled along well past the evening rush hour. a car struck a power pole on the hayward side around 2:30 this afternoon. the pole collapsed forcing the closure and the result is the huge back up you can see here. a drive across the bridge from end to end took some folks two hours. >>> a san jose office park is cleaning house, sort of. dozens of trees are being removed as a place to remove trees. mostly redwoods. they are shocked by the removal of so many trees. the developers say they will be replaced by smaller flowering trees. the change is an effort to improve the occupancy rate in that office park. >>> we are tracking the storm tonight. live doppler 7hd shows the rain moving through the bay area right now. we will have details on h

michael mays has been with law enforcement 26 years, 14 with bart. no questions about the level of training. a lack of training doesn't apply to mays mays. the shooting has led to one policy change they are required to sign off. a public viewing for sergeant tom smith is tomorrow at the chapel of the chimes. the funeral is set for wednesday. >>> twin brothers are charged with a deadly stabbing. the 18-year-olds are charged in the death of richard fan. he was a college senior at san jose state. >>> new at 11:00 california is battling a drought. charles cliffard is finding out what the governor's call to action is. >> reporter: the department's general manager has been working to reduce water usage. water and parks is looking for deeper cuts. >> we have water audits for our highest water use parks. >> things like broken pipes. water usage and where they can cut back. park visitors can help out. >> the same things you would do at home. be mindful of water consumption, how long you leave a bathroom sink on and if you see an irrigation leak or a problem w

smith died after being shot by bart detective michael mays. mays did not attend the funeral. they have set up the tommy smith memorial fund in san ramon to benefit his family. we have the address and the account number on abc7news.com. >>> it was a rough commute all because of a problem that happened more than eight eight hours ago. the traffic crawled along well past the evening rush hour. a car struck a power pole on the hayward side around 2:30 this afternoon. the pole collapsed forcing the closure and the result is the huge back up you can see here. a drive across the bridge from end to end took some folks two hours. >>> a san jose office park is cleaning house, sort of. dozens of trees are being removed as a place to remove trees. mostly redwoods. they are shocked by the removal of so many trees. the developers say they will be replaced by smaller flowering trees. the change is an effort to improve the occupancy rate in that office park. >>> we are tracking the storm tonight. live doppler 7hd shows the rain moving through the bay area right now. we will have details on h

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 professionally and personally, he will be sorely missed. >> reporter: rainy says smith and six other bart officers with the sheriffs deputy went to the dublin apartment on a probation search to recover a laptop andthandth other property that 20-year-old john henry lee stole during a bart station robbery last week. police arrested lee last thursday after chasing the suspect who they say was drivin

people shopping at michael's may have had accounts compromised. in a statement the ceo said: . >> michael is the latest in a stream of store hacking. more than a million credit cards were hacked in a breach. last month the accounts of 100 million target customers were compromised. >> a secure way to shop may be using bitcoin. the currency is online and in stores. the north american bitcoin conference opens in miami. 500 people are trying to make the currency mainstream. we have more. >> one thing is very evident here. this point is becoming big business. the bit coin atm is pitched here. in a few months something called a bitcoin embassy is opening in miami to accelerate the use to the authority. customers can pay for a glass of win or nachos with bitcoin. at the tacho grill michelle sanchez says his restaurant is the first in the is south-eastern united states to accept it. >> this is the infancy of something that is going to change the world of how we think of finance. >> if other businesses follow the money, they'll see how using bit going inst

somebody was in the apartment at the time. >> sources identify the officer who killed smith as michael mays, a 13-year veteran of the department. we see smith. it's unclear what led mays to fire his gun. officials say smith and mays were partners for years. >> stay with nbc bay area news with complete coverage on line and on air. you can find the latest on the investigation on our website nbcbayarea.com. >> let's check the weather. we're checking a live look at san jose and the sun rise. a beautiful day for northern california and rob is in for christina. >> good morning. we're seeing clear skies, chilly temperatures in parts of the bay area. numbers in the 30s in spots, san jose down to 30. temperatures have dropped off but where the off shore winds pick up now, san francisco 51, and you can see some of the interior valleys around the east bay waking up to upper 30s. heading to the coast, the high surf advisory through friday which is good for mavericks, not so good if you want to hike around the coastal areas. look out for larger sets coming in. the fog has come up the coast this morning

the officer who fired the facial shot was michael mays. he previously worked for the moraga police department. former police chief hired mays and they say he is a dedicated officer. >> i believe he and tom worked together for several years up until the time i retired and continued working together. he had a strong integrity and was very good at what he did. >> as anyone can imagine police work can be hard, stressful work done under pressure. how this happened is not clear. as ama dates explains, training is critical. >> at a news conference this morning bart's police chief would not comment on the officer who shot and killed tommy smith. >> we want to give him a chance to grieve. i visited with him last night. he is extremely upset, obviously. we want to give him a chance and his family to come to grips with what is going on. >> the shooting happened as five detectives, two iewn formed officers and an alameda sheriff deputy wearing bullet vests were doing a probation search. they knew he would not be here. he was in custody at the time. the

the officer who fired the facial shot was michael mays. he previously worked for the moraga police department. former police chief hired mays and they say he is a dedicated officer. >> i believe he and tom worked together for several years up until the time i retired and continued working together. he had a strong integrity and was very good at what he did. >> as anyone can imagine police work can be hard, stressful work done under pressure. how this happened is not clear. as ama dates explains, training is critical. >> at a news conference this morning bart's police chief would not comment on the officer who shot and killed tommy smith. >> we want to give him a chance to grieve. i visited with him last night. he is extremely upset, obviously. we want to give him a chance and his family to come to grips with what is going on. >> the shooting happened as five detectives, two iewn formed officers and an alameda sheriff deputy wearing bullet vests were doing a probation search. they knew he would not be here. he was in custody at the time. the

bart confirmed michael mays was the officer who pulled the trigger. >> mike mays, he's a very experienced, well trained officer. obviously something did not go the way we wanted it to go. >> maize is currently on administrative leave. funeral services will be held this wednesday in castro valley. >> police say they know how a bay area teenager accused of possessing a weapon of mass destruction got the materials for the explosives and kpix5's brian webb talked to former classmates who thought the teen was a little weird. >> carl was buzzing monday. the first day back at school since a former classmate was accused of making a weapon of mass destruction. >> a lot of them are like, wow, he's quiet, but yeah, they're surprised. >> 19-year-old now a pen state engineering student was arrested for a marijuana growing operation. but when police searched his apartment, they found a suitcase with a bomb and bomb making materials. like pee tas potassium nitrate. lived in this home with his family for several years. friends and neighbors call him kind, quiet, and a little weird. >> he's weird, but he'

s police chief told us that michael mays planned to attend today's funeral it's unclear whether mays was actually here. again, hundred and hundreds of people were here to support this family today. the former b.a.r.t. police chief says it was a good step towards healing. reporting live in castro valley, jodi hernandez, nbc bay area news. >> thanks, jodi. >>> new at 5 santa clara county sheriff's deputies have arrested one of their own on drug charges. want to show you a picture of juan carillo, been with the herrive's office for 14 years. on monday they served a search warrant at his home and it's alleged he had been letting several criminals live in his house in exchange for drugs. three other people living at the home at the time have also been arrested. >> twin brothers arrested but only one is accused of murder. this is the latest from the san jose police department about a deadly stabbing at a birthday party. an 18-year-old is accused of filling richard fan. they are not ruling out the twin brother as a suspect and want to speak to more witnesses before issuing any charges. >> a

the officer who fired the facial shot was michael mays. he previously worked for the moraga police department. former police chief hired mays and they say he is a dedicated officer. >> i believe he and tom worked together for several years up until the time i retired and continued working together. he had a strong integrity and was very good at what he did. >> as anyone can imagine police work can be hard, stressful work done under pressure. how this happened is not clear. as ama dates explains, training is critical. >> at a news conference this morning bart's police chief would not comment or w the officer who shot and killed tommy smith. >> we want to give him a chance to grieve. i visited with him last night. he is extremely upset, obviously. we want to give him a chance and his family to come to grips with what is going on. >> the shooting happened as five detectives, two iewn formed officers and an alameda sheriff deputy wearing bullet vests were doing a probation search. they knew he would not be here. he was in custody at the time. t

. >> michael mays, the officer who accidentally shot smith will be at the funeral. the two were good friends and golfing partners. that funeral is scheduled for tomorrow morning at 10:00. the neighborhood church on john drive and it is open to the public. you can contribute to a memorial fund by going to abc7news.com. look under see it on tv. >>> a man landed in jail after deputies say he beat his girlfriend's dog to death with his bare hands. he attacked a labrador retriever mix because the dog killed his parrakeet. he apparently told deputies he never intended to kill the dog. hector's bail is $100,000. >>> a man had to be rescued after he fell down a cliff at china camp in san rafael. it took two choppers to get to him and one to bull him free and a second to lift him to the hospital. his family was with him when he sliped and fell 30 feet and hit the rocks below. >> there was a joyous reunion when a missing man with down syndrome was reunited with his family. hugs and kisses greeted the man on east 14th street late this afternoon. officers say that is where he w

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 professionally and personally, he wil

who shot sergeant smith was here tonight, but michael may's brother john says michael will be at the funeral tomorrow. and that will be just the beginning of a long road of healing. >> how can you possibly minimize this tragic event? you can't. how can you forget it? you can't. >> reporter: it appears that officer mays mistook sergeant smith for an armed intruder last week. tomorrow's funeral begins at 10:00 a.m. terry mcsweeney, nbc bay area news. >> more details now. the memorial will be held at that church, the neighborhood church of castro valley. it start at 9:30 with bagpipes leading the casket into the church. three chp helicopters will perform a flyover after the service. we'll have complete coverage on nbcbayarea.com. >>> still ahead, firefighters in the south bay filing to get to the fires fast enough while one county leader wants to make them pay. >> she was going too fast in a different direction. >> a teach fell more than 3,000 feet from an airplane but survived. the sky diving birthday gift that went wrong. >>> hospitals scrambling to deal with a commonly used medicatio

. >> sources identify the officer who killed smith as michael mays, a 13-year veteran of the department. it's unclear what led mays to fire his gun. officials say smith and mays were partners for years. in california history 35 officers have been killed by accidental gun fire, in 13 the victim was shot by a fellow officer. stay with nbc bay area news for complete coverage on air ond on line. you can find latest on our website nbcbayarea.com. >> prosecutors expect a teen charged with setting another teen's skirt on fire to enter a plea. they charged 16-year-old richard thomas as an adult with a hate crime enhancement. a judge denied a motion to move the case back to juvenile court earlier this month. thomas admitted to setting sasha fleischman's skirt on fire while they were riding a bus in oakland in november but thomas says it was just a prank. fleischman suffered second and third degree burns in the attack. the teen convicted of shooting into a pickup truck carrying his love interest and her friend will be sentenced in court. 19-year-old max wade was found guilty of trying to kill a m

. >> michael mays, the officer who accidentally shot smith will be at the funeral. the two were good friends and golfing partners. that funeral is scheduled for tomorrow morning at 10:00. the neighborhood church on john drive and it is open to the public. you can contribute to a memorial fund by going to abc7news.com. look under see it on tv. >>> a man landed in jail after deputies say he beat his girlfriend's dog to death with his bare hands. he attacked a labrador retriever mix because the dog killed his parrakeet. he apparently told deputies he never intended to kill the dog. hector's bail is $100,000. >>> a man had to be rescued after he fell down a cliff at china camp in san rafael. it took two choppers to get to him and one to bull him free and a second to lift him to the hospital. his family was with him when he sliped and fell 30 feet and hit the rocks below. >> there was a joyous reunion when a missing man with down syndrome was reunited with his family. hugs and kisses greeted the man on east 14th street late this afternoon. officers say that is where he w

but said their hearts were also heavy for michael mays, the officer who mistakenly shot smith last week. >> there's no place to focus your anger, because there's only good people involved in this. that makes it so much more difficult to deal with. >> the b.a.r.t. police chief says mays would be attending the funeral but it's unclear if he was there. a followup now. 14-year-old oakland boy could be charged as an adult in the murder of his own sister. mario tolliver shot his 17-year-old sister last week. this afternoon, tolliver turned him tell in to police. the attorney says he is remor remorseful. police have not released a motive for that shooting. >>> two violent attacks by a pair of pit bulls. one, kleo, is in custody now. she will have a vicious dog hearing to decide her fate. officers say kleo and another dog mauled a man at a homeless camp tuesday night. the dog also bit their owner, and then both dogs ran away. officers shot and killed the other dog. the owner could face charges for possessing dangerous animals. >>> a haircut and a new home for gem, that injured dog abandoned. wo

." >>> and the nation's biggest arts and crafts retailer, michaels, may have suffered a data security attack affecting customers' payment information. a company spokesman tells nbc news michaels is trying to determine the nature and scope of the issue. following the massive data breaches against target and neiman marcus. >>> and the former aide to governor chris christie at the center of the washington bridge scandal was seen publicly today for the first time since being fired two weeks ago. former deputy chief of staff bridgett kelly and her family arrived at her home in ramsey, new jersey. no word on where they had been. a court officer was seen arriving shortly after. documents released show kelly sent the infamous e-mail that read, time for some traffic problems in ft. lee. the matter is now the subject of federal and state investigations. >>> and when nightly news continues, do you find nutrition labels on food confusing? then you may be happy about the big changes being planned. we'll tell you about them. >>> and later, a woman who is making a big difference in the lives of pret

. >> the police chief also confirmed for the first time that officer michael mays fired the deadly shot but the chief would not confirm reports that officer a maes mistook officer smith for an armed -- officer maes mistook officer smith as an armed suspect. >>> today, water officials in santa clara county will discuss a volunteer 10% reduction in water use. a similar request is expected in san francisco later this week. alameda county customers in livermore, pleasanton, dublin, fremont, newark and union city are being asked to cut back along with those in marin county. alex savidge joins us live with more on a meeting in marin county this morning a so-called drought summit. alex joins us live with how serious the situation has become. alex? >> reporter: good afternoon. very serious. a member of the marin municipal water district told me that people in the area should prepare for mandatory water rationing soon. that's because phoenix lake which is down below us here in the county's other reservoirs are only about half full right now after one of the driest years on record. this morning t

. >> michael mays, the officer who accidentally shot smith will be at the funeral.e good friends and golfing partners. that funeral is scheduled for tomorrow morning at 10:00. the neighborhood church on john drive and it is open to the public. you can contribute to a memorial fund by going to abc7news.com. look under see it on tv. >>> a man landed in jail after deputies say he beat his girlfriend's dog to death with his bare hands. he attacked a labrador retriever mix because the dog killed his parrakeet. he apparently told deputies he never intended to kill the dog. hector's bail is $100,000. >>> a man had to be rescued after he fell down a cliff at china camp in san rafael. it took two choppers to get to him and one to bull him free and a second to lift him to the hospital. his family was with him when he sliped and fell 30 feet and hit the rocks below. >> there was a joyous reunion when a missing man with down syndrome was reunited with his family. hugs and kisses greeted the man on east 14th street late this afternoon. officers say that is where he was spotted b

michael mates. the officer who fired the fatal shot. mays has been an officer with our police since february of 2000. his attorney would not talk about any of the circumstances surrounding the case. it's an open investigation. >> : he did talk was clan. >> : he's ruffle of course but he is of course more and the loss of his partner. and the loss of his partners family. >> : there's several agencies investigating this incident. >> : remarkable discovery by do stranger by two strangers teenagers that live on ops areas but was close to the methought they imagined. >> : another person risks there life for another. what this man did and what his friends say family then a spread by the actions to >> : coming upper will spend some time at maverick and all we hear more of the conversation in the next edition of the people behaving badly. >> : edition of the people behaving badly. >> : hmm, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that parker. well, did you know auctioneers make bad grocery store clerks

. >> we've learned sargeant tom smith was shot by michael mays inside of the apartment of an armed suspect. an autopsy revealed smith died from a wound to the chest despite the fact he was wearing a bulletproof vest. this morning his body was transported to hayward. his wife and family appeared to be standing by. >> about the same time, the bart asked for a moment of silence for smith. a 20 year veteran of the force. husband, and >> his pride and passion for his wife and daughter. he enjoyed spending time with them at disneyland. >> he revealed two were wearing cameras but the chief said he did not know if they recorded the shooting. >> bart set up a memorial fund and we have the address and number at abc7 news.com if you'd like to help. a viewing scheduled for tuesday night and will be on wednesday at neighborhood church. >> a deadly crash this morning near petta luma. patrol says he was attempting to pass two cars the man driving a cobra kiss sports car just south of petaluma. >> the bay area under two weather warnings tonight. spencer. >> on this mild evening, clear skies mainly. taking

bart police officer michael mays filed a probable cause declaration for that fruit veil probry this, is mays in a promotional video produced by bart. police have been stationed outside of the mays home. the warrant to search the apartment was issued yesterday. >> abc7 news reporter matt keller went to the apartment. >> people are wondering what happened, and why. >> the front door to this park sierra apartment looks like every other door. but what happened was unusual, and tragic, investigators swarmed the area after sargeant tom smith was shot and killed by another police officer while conducting a search of a apartment of a robbery suspect. >> i didn't hear anything to do with the gunshots. but what i did hear were cars arriving and xhoechlgs i live right almost above the unit where it happened. and i heard helicopters when i came outside i was surprised to see this place taped off. >> kwaun says the young man is friendly and polite and lived in the complex for a while. >> just a regular kichd you know? in and out. i don't think he drove. he walked in and out. and i think he lives

. >> we've learned sargeant tom smith was shot by michael mays inside of the apartment of an armed suspect. an autopsy revealed smith died from a wound to the chest despite the fact he was wearing a bulletproof vest. this morning his body was transported to hayward. his wife and family appeared to be standing by. >> about the same time, the bart asked for a moment of silence for smith. a 20 year veteran of the force. husband, and father. >> his pride and passion for his wife and daughter. he enjoyed spending time with them at disneyland. >> he revealed two were wearing cameras but the chief said he did not know if they recorded the shooting. >> bart set up a memorial fund and we have the address and number at abc7 news.com if you'd like to help. a viewing scheduled for tuesday night and will be on wednesday at neighborhood church. >> a deadly crash this morning near petta luma. patrol says he was attempting to pass two cars the man driving a cobra kiss sports car just south of petaluma. >> the bay area under two weather warnings tonight. spencer. >> on this mild evening, clear skies mainly

that took the life of sargeant smith a source told abc7 news the officer that fired the shot is michael mays the chief says multiple investigations are underway and after being asked he acknowledged two uniformed officers did have video cameras but he says he doesn't know what the cameras captured. >> something went wrong. and we will not hide from the truth. >> the police chief revealed funeral plans for sargeant smith. a viewing will be held tuesday evening, then, the funeral held wednesday morning in castro valley. both events are open to the public. >> tragedy development in the death of an 11-year-old boy who died shooting himself in oakley the contra costa county sheriff says the self inflicted gunshot wound was not an accident. news has left neighbors stunned. >> pretty surprising. i used to see him and say hi to his mom. they'd smile and wave at us. sometimes we'd see them mowing their lawn. it's weird knowing something like this struck them. >> grief counselors spent the day at the school, consoling classmates and staff members. police have not said who owned that gun. >> police are

. >> rainy did officially release the name of the officer who fired shots, detective michael mays a 26-year law enforcement veteran. smith's funeral is on wednesday in castro valley. >> a san francisco police officer pleaded not guilty today to child molestation and possession of child pornography charges. officer hastings is accused of molesting a 15-year-old boy between june and august of last year. he was arrested after the boy was caught sneaking out of his house to meet with the officer. he says he met the boy online and thought he was of legal age. >> the family of a girl hit and killed by an suv on new year's eve filed a lawsuit against uber. the 6-year-old was struck crossing a san francisco street the driver said he was working for uber but the company maintains it's not liable and denied coverage for the victim. in a previous statement, uber said the driver was not providing services on the system during the time of the accident. uber refuses to comment further the family attorney just wrapped up a news conference about the lawsuit and abc7 news reporter leanne melendeez zil

sources identified the officer as michael mays, a 13-year veteran of the department. it's clear what led mays to fire his gun. smith and mays were partners for years. in california history 35 officers have been killed by accidental gun fire, 13 of those the victim was shot by a fellow officer -- we'll continue to cover this. stay with nbc bay area news. we'll cover this on the air, on line, the latest in the investigation on our website as well. >> the fallout over the government's secret spying program continues. a task force will give its recommendations how the national security agency does business and the man in the middle edward snowden will speak out for the first time. peggy joins us with more. >> good morning. since last summer edward snowden has been in exile in russia after releasing top secret u.s. government documents about nsa surveillance programs. today snowden is holding a live chat also a q and a on his website to offer perspective on potential changes to nsa reform. it's at noon pacific today. freesnowden.is, the due main for ice land. people who wou

slained sergeant, thomas smith, and the officer who accidently fired the shot, michael mays. both with 30 years experience between them. >> reporter: i poke with retired b.a.r.t. chief here about what he knows. we spoke about 90 minutes ago and he shared with me what he knows about both officers. officer michael hayes seen here in a video about holiday shopping safety. >> specifically look for items left unsecure. >> reporter: mays has been with the transit agency for 14 years, and prior to that, he was an officer with the moraga police department. >> a dedicated, hard working officer. he had a drive working personality. he was approachable. he was just someone you could talk to. >> reporter: a source tells me mays is the father of a teenage daughter. both men were hired before he became police chief and he regarded them highly. detective smith was someone who who started working for b.a.r.t. at an early age in 1990. >> he was a civilian police employee who was used to patrol the parking lot, and serve as eyes and ears for the officers on patrol. >> my name is sergeant smith.

detective sergeant thomas smith was shot by officer michael mays. it's no longer a crime scene. someone was home tonight but declined to speak to us. near by we found another one bedroom apartment with the same floor plan. the tenant invited us in. from the front door you can see through to the back of the 720- foot apartment. there are four rooms total. to the left the first doorway leads to the bathroom and goes to an adjoining bedroom. a second door way leads directly to the bedroom. as for the rest of the apartment, there are no walls to block the line of sight. investigators say they are still piecing together what happened but one question has now been answered. >> the pathologist today determined the cause of death to be a single gunshot wound to the chest. >> reporter: sergeant nelson says detective sergeant smith was wearing a ballistic vest similar to this one when he was shot. but that these vests don't offer full protection with openings at the chest and the sides. there will likely be a reenactment and that it may be video taped. i was also told sergeant smith and o

slained sergeant, thomas smith, and the officer who accidently fired the shot, michael mays. both with 30 years experience between them. >> reporter: i poke with retired b.a.r.t. chief here about what he knows. we spoke about 90 minutes ago and he shared with me what he knows about both officers. officer michael hayes seen here in a video about holiday shopping safety. >> specifically look for items left unsecure. >> reporter: mays has been with the transit agency for 14 years, and prior to that, he was an officer with the moraga police department. >> a dedicated, hard working officer. he had a drive working personality. he was approachable. he was just someone you could talk to. >> reporter: a source tells me mays is the father of a teenage daughter. both men were hired before he became police chief and he regarded them highly. detective smith was someone who who started working for b.a.r.t. at an early age in 1990. >> he was a civilian police employee who was used to patrol the parking lot, and serve as eyes and ears for the officers on patrol. >> my name is sergeant smith.

detective sergeant thomas smith was shot by officer michael mays. it's no longer a crime scene. someone was home tonight but declined to speak to us. near by we found another one bedroom apartment with the same floor plan. the tenant invited us in. from the front door you can see through to the back of the 720- foot apartment. there are four rooms total. to the left the first doorway leads to the bathroom and goes to an adjoining bedroom. a second door way leads directly to the bedroom. as for the rest of the apartment, there are no walls to block the line of sight. investigators say they are still piecing together what happened but one question has now been answered. >> the pathologist today determined the cause of death to be a single gunshot wound to the chest. >> reporter: sergeant nelson says detective sergeant smith was wearing a ballistic vest similar to this one when he was shot. but that these vests don't offer full protection with openings at the chest and the sides. there will likely be a reenactment and that it may be video taped. i was also told sergeant smith and o

smith died after the shot from michael mays during an apartment search, killed with a gunshot wound to the chest in an area not covered by a bullet proof vest. a spokesperson said that smith will never be forgotten. and bart has set up a fund to benefit his family. we have the address and account number on abc7news.com. >>> and a jailed deputy in the south bay facing charges tonight. juan carillo is now an inmate in the santa clara county jail where he has worked for the past 14 years. the sheriff arrested him after server a search warrant. he was alleged to have let criminals live in his home for free drugs. >>> and police investigating the shooting death of 13-year-old andy lopez by a sonoma county sheriff's deputy. lopez was killed last year after walking with a toy gun designed to look like an assault rifle. that was along the street. the deputy thought the gun was an ak-47. the case has now been turned over to the sonoma district attorney who must now decide whether or not to press charges against that deputy. >>> the flu, sadly, continues to take a deadly toll in the bay area. of

smith was shot and killed after michael mays performed a probation search. >> i think everyone is still overwhelmed and disbelief that this happened. >> reporter: after the family left, the doors of the chapel were left open. although it appears it was mostly officers. one officer came all the way from massachusetts. smith east death is the first. >> tomorrow is going to be especially hard for not just the smith family but also for the mays. >> reporter: the funeral will begin with a procession about 8:00 a.m. the service will start about 10:00 at the neighborhood church of castro valley. that funeral service is open to the public. ken wayne. >>> thank you, ken. >>> tom perkins apologized for his remarks comparing progressives to nazis in a letter to the wall street journal. he quote deeply apologized to everyone when he drew parallels between criticism of the super wealthy and jews in nazi germany. but perkins said he stood by what he called his main argument. that patriot against minority can end nonviolence. >>> she says she intends to get all of last year's minutes filed by the end

officer michael may since the deadly shooting. he says this is painful time for his family and the family of thomas smith who was killed tuesday. he describes his brother as unselfish, and committed to serving the community. >> reporter: the b.a.r.t. promotional video for holiday safety tips is very much what he's like in person. ready to help, whenever, and wherever needed. he is the single father of a 14- year-old daughter. now, john mae says his family is morning alongside sergeant smith's family. >> it's something that stays with us. it's something that hurts. and it's unimaginable. >> reporter: officer mae studied criminal justice that went with then cal state hayward. he went on to become a police officer in muraga before joining b.a.r.t. police 14 years ago. >> very conscientious. he wasn't reckless. just a person that wanted to do the right thingment. >> reporter: john may says his brother and sergeant smith were friends and golfing buddies. he tells me he hasn't asked his brother how the shooting happened. he says he want

smith was shot and killed after michael mays performed a probation search. >> i think everyone is still overwhelmed and disbelief that this happened. >> reporter: after the family left, the doors of the chapel were left open. although it appears it was mostly officers. one officer came all the way from massachusetts. smith east death is the first. >> tomorrow is going to be especially hard for not just the smith family but also for the mays. >> reporter: the funeral will begin with a procession about 8:00 a.m. the service will start about 10:00 at the neighborhood church of castro valley. that funeral service is open to the public. ken wayne. >>> thank you, ken. >>> tom perkins apologized for his remarks comparing progressives to nazis in a letter to the wall street journal. he quote deeply apologized to everyone when he drew parallels between criticism of the super wealthy and jews in nazi germany. but perkins said he stood by what he called his main argument. that patriot against minority can end nonviolence. >>> she says she intends to get all of last year's minutes filed by the end

officer michael may since the deadly shooting. he says this is painful time for his family and the family of thomas smith who was killed tuesday. he describes his brother as unselfish, and committed to serving the community. >> reporter: the b.a.r.t. promotional video for holiday safety tips is very much what he's like in person. ready to help, whenever, and wherever needed. he is the single father of a 14- year-old daughter. now, john mae says his family is morning alongside sergeant smith's family. >> it's something that stays with us. it's something that hurts. and it's unimaginable. >> reporter: officer mae studied criminal justice that went with then cal state hayward. he went on to become a police officer in muraga before joining b.a.r.t. police 14 years ago. >> very conscientious. he wasn't reckless. just a person that wanted to do the right thingment. >> reporter: john may says his brother and sergeant smith were friends and golfing buddies. he tells me he hasn't asked his brother how the shooting happened. he says he want

michael mays accidently shot and killed sergeant tom smith tuesday during a probation search. bart says they can't confirm reports that no vid exists but the policy requires officers to wear body cameras and record interactions and searches. it's unclear if the officers were actively involved in the search at the time of the shooting. >> police are stepping up their search for home invasion robbers that terrorized an you would early couple. officers say he and two other men forced their way into a home in a downtown north neighborhood yesterday morning. one of them had a gun. the couple who was home at the time forced onto the floor while the crooks ransacked the home looking for valuables. the husband and wife weren't hurt. it appears the state may soon follow the lead of several bay area cities. lawmaker haves a state-wide ban on plastic bags. it calls for supermarkets to stop using them by 2015 and extend to smaller stores likely co liquor stores and pharmacies. they will help retool the equipment to make reusable bags in the place. >>> we're two weeks away from the opening

michael mays shot and killed tommy smith after mistakenning him -- mistaking him for an armed suspect. >>> a san francisco police officer is due in court accused of molesting a 15-year-old boy and po setting chind pornography -- child pornography. richard hastings turned himself in on tuesday on an arrest warrant. he's facing ten felony charge, is being held on $910,000 bail and has been suspended without pay from the police department. he has an 8:30 bail hearing this morning. >>> san jose police are searching for suspects in a deadly stabbing over the weekend. it happened yesterday morning on sun crest avenue in east san jose. when police arrived, they found a man who had been stabbed at least once. he was rushed to the hospital but did not survive. it's san jose's fourth homicide of the year. if you have any information on this incident, you are urged to contact san jose police. >>> 7:0 a. major work needs to be done on the science building at san francisco state university. a recent report found signs of harmful materials inside. now the building is closed for the rest of the seme

he was accidentally shot and killed by fellow officer michael mays during a probation search in dublinns at 10:00 this morning at the neighborhood church in caster valley. >>> we'll see how your commute is moving along. >> in santa rosa, an overturned individual southbound at todd road causing claydelays. southbound 101 at paul blocking one lane. northbound, as well. >>> we'll check >>> welcome back. detecti detecting fog and drizzle. rain tonight while we're sleeping. accuweather 7 day forecast, l ♪ i'll be all you need and more ♪ >>> all right, we are back now, 8:30. good morning, america. there she is, rihanna. robin will be talking to her in just a moment, but right now outside in times square, oh, there she is. twitter mirror getting some action. check that out, everybody. out here in times square, the one, the only, eli manning is here with us. >> good morning. >> talking about his brother playing, of course, in the big game this sunday over the river, but, you know, you're still up 2-1 on him. >> as of now, yes, definitely. >> i want to ask about your friend. rampage. >> this is