Pam bart sergeant tom smith. Was shot by a fellow officer during a probation search. At a dublin apartment complex tuesday. We have Team Coverage tonight on whats being called a tragic accident. Pam were learning more about who Sergeant Smith was. As well as the fellow officer who shot him. And more on how this could have pam we begin our Team Coverage tonight with kron 4s grant lodes. He has details surrounding sergent smiths death. Grant . Reporter seven bart officers and an Alameda County sheriffs deputy were all involved in the probation search. At the sierra apartments in dublin tuesday. Reporter officers were detectives in plain clothes. Including sgt. Smith. The officers were looking for a stolen items. Allegedly taken by a man already in jail. Five of the officers reporter Alameda County is the lead investgating agency on this case. Simultaneous investigations into the shooting have also been started by the Alameda County d. As office, barts internal Affairs Division and an independent bart police auditor. Reporter officials from the Sheriffs Office say, results from the coroners examination. Will be key in trying to determine exactly what happened to sgt. Smith. Exactly what happened. Reporter investigators say they are also checking to see if any bart Police Officers were wearing chest cameras. Which may have recorded Video Evidence during the probation search reporter continuing our Team Coverage, the officer who fired the shot has been identified as michael maes. Reporter pam kron 4s j. R. Stone is here live tonight. He just spoke with maes attorney within the hour. J. R . Reporter pam michael maes attorney deeply remorseful and regrets what happened. Reporter this is michael maeshe is the bart officer that sources say accidentally shot tom smith. Im told that he was hired by bart police back in february of 2000. That means he has been there about 14 years. Before that time he was an officer with the Moraga Police department. And from what people tell me he has been a stand up cop over the years. This is video from a Holiday Shopping safety story that bart put together a little over a year ago. Maes is the feature officer giving out tips and pointers in that video. His attorney tells me that he is with family right now. Saying that smith was not only a fellow officer but also a friend. Reporter pam when i was on the phone with his lawyer he reiterated the fact that michael is deeply remorseful for what happened and certainly regrets what happened. Reporter j. R. You also talked with those who have known michael maes for sometime. Reporter yes, and they tell me that they couldnt imagine him being involved with anything inappropriate or negligent saying they have no doubts that this was an accident. Pam new at 8. Pam just how could one officer shoot another. Tonight, we talk with a former Training Officer and Police Academy chief. To weigh in on what happened. Kron 4s dan kerman has our report reporter usf senior Public Safety director Daniel Lawson is a retired San Francisco police captain, who was in charge of the Police Academy for 5 years. We asked him how the shooting of bart police sgt tom smith could happen accidental discharge or an officer mistakenly proceeds a threat from another officer. Reporter lawson says bart cops get the same training as officers at any City Police Department he also says its not unusual for non swat officers like sgt. Smith and the others to conduct a probation search, but if thats going to happen there must be pre planning knowing the location you are going into and be able to know what each other would do once you get in there. One offers a goes to this room and the other goes there. You will communicate verbally or with hand signals. Reporter lawson says even if that planning happened, what was to be routine, was not, once they found the suspects door unlocked that the longer justified the officer that there could possibly be a threat inside. Justifying them and taking their firearms out but keeping them at a position that was a safe position pointed towards the ground. Reporter lawson says in this heightened threat level. Mistakes can happen you are in there in officers perceive that there is a threat weapons are drawn and lose the place of or position of other officers. A Quick Movement with a gun. A quick decision has to be made. Unfortunately in this case and i do not know if the was the circumstances but unfortunately someone was shot and killed. Reporter bart cops are trained like all other Police Officers and its not unusal for non swat officer to conduct a probation search Dan Kerman Kron 4 news pam bart police are releasing information about the suspect behind the probation search that turned deadly. Pam John Henry Lee was arrested last week on suspicion of robbery. Pam kron 4s scott rates is live in front of Alameda County jail. Where lee is being held. Pam scott what have you learned tonight about the suspect . Reporter jimmy yau is talking about this man. 20 yearold John Henry Lee lee has been here at the Alameda County jail since last thursday he is the man who was being investigated when bart sgt. Tom smith was accidently shot by a fellow officer jimmy lives few doors down from lee at the park sierra apartments he often came here to this house. He always acts to bauer our phone to call someone. Reporter according to investigators it was back on january 16th when a San Leandro Police officer interrupted a burglary in progressthats when police say lee lead them on a chaotic chase in to oakland where he was caught with the help of a police dog a hand gun was recovered when lee was arrested reporter that was the end of lees rampage. Police say the moring before he was arrested lee allegedly stole a car from the hayward bart station and then later robbed someone for an iphone at gun point in the Fruitvale Station parking garage reporter lees neighbor didnt seem too surprised he was kind of awkward, i do not know how to explain it. Reporter to get alerts and updates on big, breaking stories like this one. You can download our free app. From google play or itunes. Pam grant . Reporter the flu season getting Even Deadlier tonight. Kron 4 has confirmed six more flu related deaths. Reporter county Health Officials say three of the newly reported deaths happened in Contra Costa County. Reporter weve learned. There is one more death in sonoma county, reporter and reports of one new death each in San Francisco and san mateo counties. This brings the total of flu related bay area deaths this season. Up to 28. Reporter all these deaths are from this flu season. Which started in october. Pam the contest is on. Organizers announced this afternoon. That the annual mavericks surf contest. Will be held on friday. Pam the contest happens near Half Moon Bay. And features some of the worlds best big wave surfers. Kron 4s Charles Clifford was along the coast today. And has details. Reporter for the past few days big waves have been rolling ashore here along the coast and wednesday afternoon organizers of the mavericks surf competition decided to event because waves of between 40 and 50 feet are expect to arrive starting thursday evening. Reporter 24 of worlds best big wave surfers are expected to compete this year. The one day competition will begin at 8 on friday morning. Organizer jeff clark said on wednesday that there was some concern that strong winds might make it to dangerous to hold the event this week, but dthey ultimately decided to go for it. Reporter it came down to. We need to make a call. Its 50 50. Lets roll the dice. The one constant that we know we have in the bag is 4050 foot waves coming at us. That we know is in the bag. So lets pull the trigger and Everything Else will follow. Reporter by late afternoon, the forecast for friday had improved and clark is expecting a good turnout. The guys are starting to fly in and get set up and do their meditation and paddle out into some of the biggest surf they have seen in two years. Reporter now if youre thinking about coming out on friday to watch the event, keep in mind that during the conetest all of the road out to pillar point will be closed. Spectators will not be allowed on the beaches or the bluffs above mavericks. There will be a jumbotron set up in Half Moon Bay and there will also be parking at the Half Moon Bay airport but thats as close as you can get. Near the coast, Charles Clifford kron 4 news. Reporter it will get way better trusted me the viral video, and why arnold did it . Pam ahead at eight. Pam an icy blast to the east coast. Wrecking travel plans across the u. S. And covering the site of the upcoming snow. Pam plus. New at 8 30. A serious lack of snow is leaving Business Owners in the sierra high and dry. A look at just how bad conditions are there. I just felt like. All future raiderettes. Pam and next. Why a former raiderette is now taking the team to court. This just in to the kron 4 newsroom. Reporter chp says the motorcyclist was in a crash. Knocked off the bike run over by a ups big break. Major delays on southbound 101 near santa clara. Pam new tonight at 8 pam trouble for the Oakland Raiders. Is following the team from the field. To the courtroom. Pam a raiderette filed a lawsuit against the team today. For exploitation. Kron 4s Justine Waldman sat down with the raiderette. To find out what she wants. Reporter her viral video she shows off her skills she does not use her last name for security reasons. She says the way the raiders treated car is nothing to cheer about. Treated her reporter by her lawyers calculation is less than 5 per hour which is less than a minimumwage. For promotional appearances and performances including photo shoots. Know that this is not right and i hope that what i can make a change. Reporter it was much different she says what she loves her gate what she loves our job with reiteration she has to pay out of pocket for many business expenses such as driving to a dense and picking keeping up with her appearance. There is 100 other girls that what youre spot and im sure that many girls with clifford freak theres always, its like that to make it stick maybe you should not speak up to make a change. We thought it was one of the most outrageous things that we have seen in a lot time. In a long time reporter she may never cheered again but she would like to be compensated fairly. At the end of the day they have no one to blame but themselves. Reporter i did speak with the raiders about this lawsuit and they declined to make a statement jacqueline it will stay gusty through tomorrow and into friday. It is very dry, as you know. There is no rain all of that possibly causing a high fire danger. Jacqueline we are looking at widespread 60s. 65 degrees up there tomorrow it was 75 degrees today in livermore. 65 and Half Moon Bay. Curry also have a high surf advisories up and up and down the coastline. 13 ft. Swells by friday morning of course sneaker wave in gripped ties so you definitely want to be careful. Lee b. Walter activities to the professionals. Leave the water ctivities to the professionals. Pam winter storms are slamming the east coast. And 13 states are feeling the icy blasts. Pam that includes parts of massachusetts, new york and even the nations capitol. Wind gusts reached up to 50 miles an hour, and some locations are expected to get more than a foot of snow. Pam at least 13 hundred flight pam you can catch a full hour of gary this thursday night on sports night live. Pam gary will be joined by the radio voice of the 49ers ted robinson to discuss what the niners must do in the offseason to get back to the super bowl next year. Pam plus. Like the sports night live Facebook Page and enter to win a big screen tv just in time for the big game. Gary will announce the winner this thursday. 9pm. Right after the 8 oclock news. Pam our the key to the at this will host the show this friday night at 9 00 right after kron 4 news at bulldog oh boy bulldog mattress discounters president s day sale get a queensize sealy gel memory Foam Mattress for just 497. And get four years interestfree financing on the entire tempurpedic cloud collection. [yawns] gabe slate tech report reporter heres a story youll see only on kron. I kept hearing about how much this movie was desturbing people so i wanted to do a story on it because it involves tech and phones. Reporter and im on the tech beat. Im talking about the movie her. Reporter about a man falling in love with the voice of his operating system on his smart phone, similar to siri. Reporter this movie is generating a lot of buzz. I think mostly becuase we all know it could be a glimpse into our our future. Reporter so. How long will it be before the technology featured in this movie exists . . . . Reporter when will people be able to have serious relationships with their smart phone . . . Its coming. And its closer than you might think the idea that you would consistently been fooled into are constantly speaking with a human being but it is an operation system. Video companionship. That and a little concerned about the idea of people falling in love with a computer operating system like this but it has been a theme and Science Fiction for a long time now and people have long been hard about computers having a motion is just like humans do. That comes all of those difficult issues. Philosophical questions about what really makes us human and what is required . Reporter hollywood seems to love this movie reporter her picked up best screen play at the Golden Globes and is nomitaed for best picture for the upcoming oscars its defeinatly getting buzz and the advanced sophistakated technology featured in the movie is a hot topic in Silicon ValleyChristina Farr who writes for venture beat. Best in technology. New, high tech gadgets from electronics show. Our Vicki Liviakis will host the show. Our Vicki Liviakis will host the show. O the Great American novel. Our Vicki Liviakis will host the sso you can happily let o life get in the way, while planning for tomorrow. So you can finish the Great American novel banking for the life you have investing for the life you want chase. So you can pam ahead at eight. Pam arnold goes undercover to pump people up. Pam where he is, why hes doing it. And what you have to say about it. Pam its half the fun of watching the super bowl. Well show you which commercials are ready to steal the show. And how one hits close to home. Pam and what a pain for apple look at how that seaboard snowstorm is costing the Company Nearly halfa million dollars. See how it happened. Jacqueline we will embrace more records tomorrow and i will have that answer coming up female announcer get beautyrest, posturepedic, female announcer even tempurpedic mattress sets, at low clearance prices. Save even more on floor samples, demonstrators, and closeout inventory. The year end Clearance Sale ends sunday at sleep train. Your ticket to a better nights sleep i shining, shimmering, splendid tell me, princess, now when did you last let your heart decide a whole new world welcome to aulani. Its hawaii with a touch of disney magic. Let me share this whole new world with you diabelli pam now for a look at our top stories at 8 30 pam bay area Health Officials reporting six more flu deaths today. Bringing the death toll to 28. Pam today, Contra Costa CountyHealth Officials reported three deaths. San francisco. Sonoma. And san mateo counties each reported one flurelated death. Pam with big waves coming. The famous surfing contest mavericks is on. Pam the contest is set for friday. And surfers from around the world now have until then to make their way to to the break. Near Half Moon Bay. Pam new tonight at 8 pam people across droughtstricken california are hoping and praying for rain. But none more so than those dependent on snowfall in the sierra. Pam kron fours fladeboe reports from South Lake Tahoe. Where their is no moisture in the forecast for at least another week to ten days. Reporter signs like these at the powderhouse and other ski shops around South Lake Tahoe say it all. Reporter other signs like vacancy at motels and sparse traffic here along lake tahoe boulevard are further proof that business is off some 2030 percent due to the lack of new snow just plain for snow obviously this is the worst drought but i have seen in years. It was a bit disappointing. Which is thought that there would be a little bit more snow. Reporter heavenly and other resorts are making snow as fast as they can with good, if limited skiing on the highest runs, still. Reporter the water level in lake tahoe itself is dropping. Sierra Mountain Sports is one of few sledding and snowmobiling parks still open. If it doesnt snow again soon, layoffs are looming and ski shop techs like Josh Esposito are worried. This is affecting everyone here. We have our hours cutback. We may have to go find other work. Reporter business is off some at the casinos as well. The Defense Department has pam experts say the best way to avoid being bitten is to cover up no matter how warm it will get. Pam that includes sections of messages new york and the nations capital. Some expected to get more than a foot of snow. At least 1300 Flight Cancellations to date along. Take a look at this i and in york for tonight. Pam the middle of all that snow is East Rutherford new jersey. Currently the stadium is covered in snow and 80,000 people are expected to show for the big game. It will receive a package that includes mid 10s handwarmers and a neck warmer and other items. That east coast storm is affecting us and the bay area all. As for the oakland and san jose airports no problems have been reported there. Pam the Defense Department has confirmed that a salinas than a tough has been killed in action in afghanistan. Pam edward balli was 43 years old. He was killed monday in afghanistan kandahar province spirit his family says balli had dreamed of being able to retire in hawaii in four years. He was on his third tour of duty in afghanistan and had done to tors on duty in direct the military says balli was killed when his outpost was attacked by insurgents. Pam and his stake of the state address today governor jerry brown explained the challenges of our state faces and the ongoing drought. Governor brown lake of steps his office had taken to combat the problem right now is imperative that we do Everything Possible to mitigate the ethics of the drought. I have come been an Interagency Drought Task force and declared a state of emergency. We need everyone and every part of the state to conserve water. Last week Governor Brown called the current drop possibly the worst in california and about 100 years. Pam in the address he also touched on the states term a route from years of the budget deficit the 68 billion highspeed rail project it is a priority of his book has lost much of its public support. Reporter hes back what does a key card mean . How is it going . Drinking a lot of water . That is good. 75 percent of the body is walter. Continue drinking. You look familiar. Maybe you have seen me on the s p i wanted listfbi wanted list very good. You did it while why you hit so hard . Wow. You look so good. So handsome. Reporter arnold the win back atgolds in venice reporter the deal is to promote the afterschool apprenticeships reporter lots of opinions on facebook reporter damaged image control. Reporter creepy trying to relive golden days. Reporter i had no idea arnold could be so funny. Pam take a look at this pam this is apples Flagship Store in new york city. Right on fifth avenue. If you look closely, you can see one of its massive window panes shattered. It seems a snow plow hit it while cleaning the streets. That snafu is really taking a bite out of apple. Word is it will cost the company 450thousand dollars to replace it. Anybody needs help . Pam . Of superbowl ad. Pam a sneak preview of the long anticipated super bowl commericals. Plus theyre called meggings, and youll never guess whos wearing them on kron4 tonight. Reporter this just in to the kron 4 newsroom. Developed our just bush is at the scene right now reporter we do know which has been confirmed by the Sheriffs Department in. A 11 year old boy was found with a gun shot wound to his head. That young boy has died. This could have been from an accident. More information coming soon jacqueline retired the previous record in san jose. It will be cooler tomorrow checkup livermore with 75 today and 65 to a mile. 66 in san jose cordoba we saw this afternoon. Winds will pick up tonight and into to moderate rep black warnings are issued. It will stay wendy into friday morning. Windy jacqueline high surf the advisory around the coast line. As we head into friday, we will see a little faultfog to start the day. No rain in sight for the next several days, dry conditions still ahead for us for the next several days. Looking at the snowball report they are making snow at alpine and homewood 18. If you like more information go to snowball that, snowball. Com street sounds reporter medic 96 is at a scene of a man seriously ill in the chinatown district of San Francisco reporter after offering medical aid the man is transported to Kaiser Hospital on geary reporter i spent an entire shift with San FranciscoFire Department paramedic unit 96 as they respond to numerous call around the city reporter here they responded to a report of a woman down at the bart steps just outside of nordstroms reporter on any given day there are about 17 to 18 medic wagons responding to 911 calls city wide and about 15 during the evening reporter currently they have 40 ambulances 5 are brand new the oldest is 15 years old and has more then 222 thousand city miles recorded reporter they are short staffed, in fact according fire chief joanne hayes white. They need to hire an additional 30 to 50 qualified people to build them up to acceptable levels reporter this is why the state of california requires 80 to 90 percent of all 911 calls to be handeld by San Francisco fire exclusively right now they only can handle 73 percent reporter but to their credit they are up from 69 percent reporter they have to deal with an aging fleet and equiptment issues but according to fire chief johanne hayeswhite 10 new medic wagons are on order reporter however with the afordable care act there may be a larger demand for 911 services which could put a bigger strain on the Fire Department to keep reach the state required mandate reporter and if you toss in the frequent flyers, the people that abuse the medic system daily. The cost of saving lives in San Francisco could skyrocket or worse sirens reporter in San Francisco stanley roberts. Pam sports is next with the gary male announcer now, the Orchard Supply sports report with gary radnich. Gary good evening everyone gary snow at Metlife Stadium a winter storm hit new york city dumped 13 inches of snow at the vunue for super bowl 48 in less than two weeks gary it did give nfl and Metlife Stadium personnel a chance to test the snow removal abilities at the stadium. They wanted to see how quickly they could clean the 80,000seat facility that will hold the first outdoor super bowl in cold weather. Reporter the stadium and its contractors had 1,300 workers removing the snow. The crews started removal at around 8 a. M. And had sections of the stadium and most of the tarpcovered field cleared by noon. Reporter there are contingencies to play the game on saturday or even monday unlikely but possible the super bowl is february 2nd reporter their is no stopping the notrotey of richrad sherman. Richard sherman came in to a heros welcome at an autograph session with fans in seattle reporter sherman of course took a lot of heat for the postgame outburst following the nfc championship win over the 49 errorss gary as a result he has received an avalanche of racist tweets today sherman who graduated from stanford and had a gpa more than 4. 0 in high school responded to the racial hated directed at him and put his postgame rant in perspective gary if you do not like him, turn off the channel or look the other way racism how bored can you be . Gary the raiders are being sued. By their cheerleaders. Gary the Oakland Raiders are being sued by current and former raiderette cheerleaders claiming wage theft and other unfair employment practices. Gary the lawsuit alleges that the organization withholds all pay from the raiderettes until the end of the season, does not pay for all hours worked and forces the cheerleaders to pay many of their own business expenses. Gary raiders cheerleaders are paid 1,250 per season according to the lawsuit less than 5 per hour for the time they spend rehearsing, performing and appearing at events. Gary the team had no comment. Gary last face it you have read all of these stories and about the threat and security will be real tight. We ask ted about how he feels about the height and security . Release that it is the most challenging game to get excited about the most connies east the most and east appeared after night 11 and was so shutdown tight there was no concern about security. The cost of going there for the families. That is which you work for that is your dream. If you are in an athletic sport like triathlon. Now your family cannot afford to take three days costing 8,000 to get there. That is just wrong, just wrong gary stay said he will not be taking any of his family to russia they would just go along and state in your room the entire time. Stay in the room. Gary join join us thursday night for another one of our specials. We will talk about where the 49ers are headed following their loss sunday. Gary . And you can also enter to win an hdtv and a sound bar via facebook. Thats thursday night at 9pm. Immediately following our newscast gary how much does it cost for a good pitcher. Tanaka 7years, 175 million gary highlyprized japanese pitcher is going to the yankees team has agreed to a 155 million, sevenyear contract with the righthander. Gary along with the contract the yankees must pay a 20 million fee to tanakas japanese team. Tanaka was 240 with a 1. 27 earned run average last year, leading his team to the japan series title. Giants fans can just be happy the dodgers with all their money didnt get him gary 300 million . Pam garys going to be back at the end of the show with a story you have to see. Well give you a hint right now. Pam it involves these mens leggings that are one of the latest fashion trends. Stick around, and check bulldog bulldog oh boy mattress discounters president s day sale whats this . A queensize sealy gel memory Foam Mattress for just 497 . Mattress discounters has the Largest Selection of memory Foam Mattresses under one roof comforpedic, icomfort, optimum. And wow four years interestfree financing on the entire tempurpedic cloud collection. [yawns] dont miss the president s day sale. Mattress discounters reporter there is a new fashion trend sweeping the nation, not exactly i have to admit that we wear our made in this very well. Meggings leggings for men. Radnich etch wears. Video reporter he did not actually stand up and that is the whole thing. These meggings are real. I think we wear them very well pam thats it for the kron 4 news at 8. Stay connected with kron 4 download one of our mobile apps. Our next newscast is tonight at 11 oclock. See you then. Goodnight. In new york citys war on crime, the worst criminal offenders are pursued by the detectives of the major case squad. These are their stories. siren wailing indistinct chatter, construction noise horn honking camera shutter clicking come on, lets go