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Tom smith. The officer would fired the fatal shot is michael maes who previously worked as an officer before joining bart p. D. Former bart police chief hired maes seen here in a promotion. He is a dedicated officer. A shot from the his gun took the life of sergeant tom smith. Detectives searched for stolen items at a dublin apartment. Katie marzullo will have more in a report at the top of the hour. Flags are flying at half tam in san ramon. Childhood friend has known smith since third grade and says she feels lucky to have been his friend. Tragedy. I could not believe it. I was shocked. He was amazing, full of hive, friendly to everyone. He was everyones friend. This is the first bart officer to die in the line of duty in the 42year history. We will have continuing coverage of the bart officer death on air and online and you can post condolences on facebook. A marin county teenager max wade will be sentenced for stealing celebrity chef guy fieris lamborghini and was planning a takeover problem riff jowl hers in San Franciscos union square. We have learned that the prosecution will learn his plans to argue that he deserve as harsher sentence. The prosecution said, wait judge, this kid was really he had big designs for crimes. The prosecution is pushing if a sentence of 20 years to life with the possibility of parole. We will have a full report on abc7 news at 6 00. This morning, new legal troubles for sing are justin bieber. Police in miami bench say they have arrested the 19yearold pop star this morning for d. U. I. And drag racing. He was driving a rented lamborghini and failed a sobriety test. This is after reports this week that he spent 75,000 during a night at a Miami Strip Club and a week after police raided his Southern California home looking for evidence in an egg pelting incident at a neighbors home. Attorneys and are pa helps of eight children who settled an 8 million lawsuit against Brentwood School district will talk about the case today. The settlement involved teacher who is accused of physically and verbally abusing special needs preschool students over four years despite repeated complaints from parents and staff. Holder was removed from the class and the credentials revoked after the district settle add 950,000 lawsuit filed by the family of a student she physically assaulted in front of several aides. In San Francisco, the aclu of Northern California is announcing the settlement of a class action site that will stop the governments blanket policy of shackling immigrants during immigration proceedings. They have appeared before judges in chains and shackles. They are civil and not criminal proceeding. Detainees appearing for bond and merit for longer can be shackled applying to all hearings other than mass hearings where detainees can petition to have the legal of restraints put on them. Six more deaths from flu are confirmed in the bay area, three in Contra Costa County and san mateo and sonoma and San Francisco counties each reporting one. In Contra Costa County, Officials Say they are still seeing severe cases and 20 people have been hospitalized so far this season. Last year we had one death related to h1n1 and this year we have already had five. Flu is unpredictable and we do not know what will happen. That is why we encourage people to be vaccinated. Now. Usually flu season peaks by march. This is a flu clinic today at the tang center free for students with Health Coverage and 25 if adult members of the public. A social born and raised . Salinas and killed on his third tour of duty this afghanistan will return home today. The bed of the 43yearold army chief warrant officer will arrive at monterey airport today dying when the outposts with attacked by insurgents in kandahar on monday the his family said he dreamed of retiring to hawaii where he and his family own a home. A San Francisco Science Building will be closed because of contamination with Mercury Vapor and asbestos and the chronicle reports that the University Officials are now scrambling to figure out where to put 2,500 constitutes and staff that use the building much the semester begins on monday. Lanes of eastbound interstate 580 are reopened after a damaged big rig spilled oil on the road. We were above the scene. You can see the impact on traffic. It impose on and on. Lanes were closed for seven hours. No word on how the truck was damaged. Contra costa county firefighters letting a brushfire on a sparsely inhasnted island bun itself out. Sky 7 was overhead yesterday afternoon as flames spread through extremely dry brush on Winter Island near pittsburg. The fire isnt threatening any buildings but cruise are watching it. They say the fire will burn out in a day or two. Official say the warm weather has increased the right of fire. There is a High Surf Advisory today and tomorrow for the coastline. In hawaii, yesterday, huge waves hit the north shore of oh ahua. The coast guard today is urging people to be careful here today. Surf up to 20 will create dangerous rip currents at most beaches with potential for sneaker wave that can catch the beach gories and fishermen by surprise creating perfect conditions for mavericks with the 24 best surfers in the world hitting Half Moon Bay tomorrow morning for big wave competition much these surfers were captured early in the week and we saw the pictures a few seconds ago. Organizers expect a crowd of 30,000 people to watch. Mike, what size waves can they expect . Anticipation of breakers over 20 is high. At 10 00 this morning through 9 00 tomorrow evening, that is when the High Surf Advisory develops. Most of our areas are 9 not for the waves. We have a high fire danger in the north bay mountains and it was extended to 1 00 oclock on friday so we will be in the high fire danger through tomorrow afternoon all the way up to screesent city for the northeast gusts at 30 to 40 Miles Per Hour above a through feet. The day planner today, different than yesterday with the clouds become at the coast and there is an uptick in the moisture. That is why we are seeing the condensation on the streets. 58 to 62 at noon. Mostly sunny conditions. We will be in the lower to mill 60s. We will be nice this evening at lowtomid 50s. The modify keeps the temperature up in the evening. We have areas of construction but going back to the accident in oakland, eastbound at 98th one lane is blocked. If you are traveling along in the westbound direction the commute, it is looking clear. Mission believe at rose street a car versus a power pole and pg e is doing repairs and no word on Power Outages but we do have crews hanging out fix things with no live wires exposed so that is good. The san mateo bridge, from the east bay to the peninsula you can see traffic is moving along fine and tail lights in the when direction are hazy but you may have moist roads. Be careful. A new warning this morning if you drink serb soft drinks. Next, the added ingreedent a new report says could pose a hazard to your health. The decision this morning that could soon add another state to the growing list of places gays and less bones can legally tie the knot. Another major storm brings snow and freezing temperatures to the east with a covering novato, oak, sunnyvale and all the bay area, this is abc7 news. The carmel coloring in soft drones can contain a potentially hazardous chemical. The chemical is added to soda to make it look brown. A government study of two years fund this caused cancer in mice. There are no federal limits on the chemical but california requires a warning label if a product contains more than 29 micrograms. Consumer reports says pepsi one tested over the limit and coke had a lower amount. Consumer reports is pushing for federal limits on this chemical and for manufactures to be requires to list the coloring they use. The attorney general in virginia has concluded the ban on gay marriage is unconstitutional and will no longer defend federal lawsuits. In an email, a spokesman for the attorney general will side with plaintiffs fighting to have the been stuck down after a legal review of the ban, virginia is it merging as a critical state in the fight if gay marriage. The shift comes on the heels of federal judges striking down such bans in utah and oklahoma. Oakland business hers are pushing forward with plans to secure land if new waterfront baseball stadium for the as near jack london square. The tribune said a consortium is moving ahead to seek control of the terminal in hops the owner will build a park there. Yesterday, the owner rejected site which he has repeatedly said is not feasible. He met with city officials to learn more about the proposals to transform the coliseum complex into a sports and entertainment hundred. Cold grips the country this morning with wind chills making it feel like negative 30 in the midwest with Single Digits in the northeast. After riding it out in washington dc, millions are dig out from the massive winter storm. This rose freeze is about to get worst with the bone chilling cold crippling the midwest and northeast with two dozen states under wind chill advisory and fresh misery in minnesota, blizzards created white out conditions. Today it will feel like 35 below zero in minneapolis. In massachusetts, they are clearing over a foot of snow. Residents in new jersey worked overtime to keep up. This has been the fourth time since last night this is 18. Pregame cleanup at the stadium home of the super bowl. This is a dress rehearsal. I dont wish for another storm. Roads were skating rinks making a slippery most for commuters. It has been rough. The roads are real bad. The ice has been stacking up. Slick streets sent pedestrians tumbling. Frozen airports sent a domino effect across the country. From maine to los angeles. Over 48 hours more than 7,300 flight delays and 5,000 cancellations. Today, more than a thousand flights are already delayed. Brace yourself because there is no under in sight. Three waves of frigid arctic air are expected to blast through the midwest and northeast through next week. Could we be this for super bowl saturday . It is a possibility if a massive snowstorm is forecast for northern new jersey on super bowl weekend. The nfl is putting contingency plans in place if a bigger storm is forecast to hit the stadium the site of super bowl 48. Officials say the big game could be played any time between friday january 23 and monday february 3rd. The good news it would take a bigger storm to change the date and that storm dropped a foot of snow. The storm will be unforgettable to a marry mother who gave birth on aisled a sled. Her contractions got faster and stronger and dad put her in a sled to try to slide her down to the car. But the baby would not wait with the help of neighbors and nunn nunn dispatcher providing instructions, bell as was born on the roadside. Baby and mom are in the hospital doing just fine this morning. You can see how execute that little snow baby is. She will have quit a story to tell later in life. With friends. Being born on a sled. Not much sledding in lake tahoe. There is a system traveling over lake tahoe and that is enforcing the wind and changing our wind a little bit but it doesnt have any moisture with it. You can see on live doppler 7 hd everything is quiet. We have clouds hugging the coast and you can see them there, a southern surge but we also have northern winds and they will converge over us and they will turn offshore keeping most of us sunny at the coast, even, we will see more sunshine. From Mount Tamalpais you can see the winds are gusting so you are on to the fire danger and sunny today and taught so warm as yesterday and fire dangers and high surf tomorrow and nearing records, again this weekend, so the cooling trend is today and tomorrow and that is it. 71 in gilroy. Everyone else is in the mid60 to near 70 degrees. We have 67 in san jose. We are 67 in santa claus, too. Midtoupper 60s on the peninsula today with mid60s along the coast. Downtown, only 64. Only 64, while it is 65 in San Francisco. Midtoupper 60s through the north bay valley and lowtomid 60s at the coastline and midtoupper 60s throughout the east bay shore with the same thing inland, midtoupper 60s with just about total sunshine today. Nasa arrest our laws they will be warmer tomorrow because the winds will keep us up a little bit with mid30s to low 40s inland and San Francisco will be the warm spot at 48 degrees. Here is what is happening you can see two areas of High Pressure building building to the west right here. And this massive column of clouds is the storm system kicking up the waves with the southern edge of hawaii and now the pacific storm is headed our way. Look at leading edge of the storm, near 30 waves which is coming. That is why we will have mavericks tomorrow. Sevenday forecast shows tomorrow is like today. A few more shoulds clouds though. Have a great day. Leyla has the traffic. The accident in hayward on mission boulevard the car hit a pole and it has turned interest a sigalert. Mission boulevard is shut down northbound and southbound at rose street is the pg e can do the repairs. No live wires are exposed. We do not know Power Outages in the area so if you know of power out averages we would love to hear from you by twitter. We do have that shut down if in both directions for the next few hours. Northbound side the lanes are shut down until 5 00 this morning for a few more minutes and on the bay bridge eastbound side from the tower to the oakland, shut down until 6 00 with some lanes blocked and westbound traffic is building a little bit. Eric and kristen . Chart 15s smartphones, and, now, smart fruits and vegetables a text message you may soon get from your food. Heads up for parents with a dangerous [uncle]this is hopscotch,okay . Uncle go one,two,one,two,one two,one. [niece]okay [uncle]okay . [niece]one,two three,four,five,six,seven,eight [uncle laughing] okay,we go the other way,okay . [niece]one,two,three,four,five six,seven [uncle laughs]theres ten spaces,you want to try again . [uncle]yeah . A warning to parents and grandparents with four million pacifier holders with the clips to clip them to bags or strollers with reports of them breaking. No injuries have been reported. They were sold from 2010 to 2013 at target and walmart and amazon. When you combine caff and tea . The founders are mixing this part for may tea house and part cats, a place for the homeless cats to call home not exactly new. Some japan cafes provide a refuge for cats. The website will open in the spring. If you want milk in your tea you can give some to your cat. And everyone is happy. New the forecast. How happy are we with this . If you tired of the record highs, we have set ten days in a row, today is the day. From the roof camera, we will talk about temperatures from four to nine degrees cooler than yesterday. We will be in the midtoupper 60s rather than the upper 60s to mid70s. 75 in oakland with a record high year. We have redflag warning and you can see them from the bay all the way up to medford oregon, and in the sierra, and high wind advisories through the Central Valley to los angeles and san diego and the High Surf Advisory. Upper 60s and low 70s through the Central Valley and midtoupper 70s down south but san diego is 68. We have a now extra detail on the sigalert if hayward on surface streets a car hit a power pole. There are wires hanging and they need to fix that. It will last if an hour and a half starting now where the lanes, northbound and southbound on mission boulevard are going to be shut down so use alternates. 680, northbound, from Sycamore Valley lanes will be shut down until 6 00 this morning. You can see how things are funneling into the maze on i80 and those are the tail lights pushing to 580 with hopes with a little bit of company. Not too terrible but the at bay bridge it is locking clear as you make the commute away from emeryville to San Francisco and right now it will only take a short seven minutes. A woman who save add mans life by pulling him from the burning truck has done it again. He was hail as a hero in 2011 and yesterday she sent this video after she helped a driver involving a rollover on interstate 80 in richmond. This video was shot by a witness. S cut the seatbelt to help free someone from the car according to the c. H. P. , the injuries everyone not serious. You may remember williams from the heroics in 2011 when she stopped after a fiery crash on highway 101 in San Francisco and pulled a driver from the tanker truck and dragged him 200 to safety. The survey finds there is a lot less respect at school according to a new poll with file are adults believe teachers respect parents or students and vice versa. Researchers asked 2,200 adults to compare their memory of School Dynamics when they were students with today. The percent of parents who respect teachers plummeted from 91 percent to 49 percent. Teachers dropped from 79 percent to 31 percent. New hope for migraine surfers, a device that files pulses into the brain is effective in reducing pain. The National Institute for health did a study and 40 percent of participants were painfree two hours after treatment. A separate study found three quarters of parents treated regularly with the magnetic pulses has less frequent headaches. You could get a text message in the future from youred for saying cook me now or throw me out. Prints daily mail reports that scientists have a chip to put in perishable food determining when the food is nearing the use by date and send a message saying you need to eat the food and tell you when it is no longer safe. No word when the device will be used. New details this morning in the shooting death of a bart police officer. The identity of the fellow officer who fired the gun that killed a veteran sergeant. Cracking down on Human Trafficking with the eyes and ears that will look out for women and children in danger. New trouble for caltrain with safety warnings [ woman ] ring. Ring. Progresso. I just served my motherinlaw your chicken noodle soup but she loved it so much. I told her it was homemade. Everyone tells a little white lie now and then. But now she wants my recipe [ clears his throat ] [ softly ] shes right behind me isnt she . [ male announcer ] progresso. You gotta taste this soup. [ male announcer ] you say tomato. Old el paso says diced tomato stand n stuff chicken tacos. You say whats for dinner . Old el paso says start somewhere fresh. To those whove worried. Suffered in silence. Hoped. And lived in a state of fear. Welcome to a new state. Of health. Welcome to covered california. The place to find quality, affordable coverage. Financial help for those in need. And nobody can be denied because of a preexisting condition. Enroll now at coveredca. Com. Live from the kgotv Broadcast Center this is abc7 news. It is 5 00 on thursday or friday eve. I have heard it referred to as little friday. How does weather look for little friday mike . Trying to bring fog to the coast and the moisture in San Francisco, the roads are moist this morning with condensation developing. Half moon bay is quartermile visibility and everyone else is oh came we will watch the san bruno gap to see if

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