loss of smith. >> we've got a lot of outpouring of support from the public. and law enforcement. >> the coroner determined smith died from a gunshot wound to the chest. he was shot during a warrant search in dublin. >> dispatch traffic reveals a call for an ambulance and a indication of what happened. >> is anyone hurt? >> this was friendly fire. >> something went wrong. and we will not hide from the truth. whatever comes out, comes out >> the sheriff and district attorney are among agencies investigating the death of a bart police officer in the agency's history n castro valley, abc7 news. >> and the funeral is on wednesday at 10:00 a.m . the funeral is open to the public the public is invited to a viewing the night before. a fund has been set up. we have details for that and arrangements on our web site. >> tonight a marin county teenager who stole a lamb bore genie and shot at two people could spend much of his flief prison. he was convicted of stealing guy fieri's lamborghini. wade is eligible for parole and could be a free man in 17-18 years. >> 24 of the world's best servers will compete in mavericks competition. and surfers normally thrive, conditions this year are making some surfers nervous. abc7 news is live with more on that and to explain. wayne? >> well, they're a little nervous. it's hard to get a surfer to admit he's nervous by a wave. they go around the world seeking these things. about feet by. tomorrow, they'll be frightening. iet was busier today. at the center, jeff clark answering the kwechlt >> is any wave too big? >> is any wave too big? i -- >> we'll see. what surfer walz tempt to ride and survive waves that dwarf them. >> peter melled is last year's winner. a man who tried to stay calm today in small waves. >> are you worried? >> this is the first time i've come in. >> the waves are nothing compared to tomorrow. 50 feet call. >> i'll tell you. my experience this is going to be a big swell. >> i think it's going to be tough getting in tomorrow. you know? leave and get here. get in the spot. >> an ultimate thrill in playing with our planet. from half moon bay abc7 news. >> and invitational is going to start at 8:00 in the morning. >> and you can see the >> spencer christian is here. >> give you a look at what is going on here. a powerful pacific storm. wave heights reaching between 23, 30 feet. the storm is not going to reach the bay area but high waves, much higher than average, will the surf peaks tomorrow, we'll have a high surf advisory in effect for bay area beaches. and in mavericks there may be heights of 40 feet or higher. that may be fun for surfers or chalerning that is a condition >> parents talking about $8 million pay out against a school district that involves teacher accused of physically and verbally abusing special needs preschool students. >> eight families involved in this lawsuit. that means each will receive $1 million. what is alarming is that something similar happened in another school district nearby antioch with another teacher. it's cost the school districts $16 million. >> she'd come home with scratches from her forehead to her neck. >> her daughter jordan was only three years old when she entered the class in brentwood. >> in addition to the reports of physical assault there were reports she wasn't teaching the class, coming in late, sat at the desk playing competers. >> the district never suspended the teacher. she was transferred to cray elementary. excuses continued. >> she got into a fight with another kid what do you want to us tell you? >> this is holder's deposition after being charged with child abuse she pleaded no contest. >> what did the student do? >> he was shaking his head saying no. >> today, the school district has a new superintendent who has already made drastic changes. >> we've retrained every staff member we have on their duties as mandated reporters and also, how to spot the signs of child abuse going forward. >> another nearby school district, antioch, also settled last month with parents for $8 million after another teacher reportedly abused special-needs kids. >> if there is a reasonable suspicion abuse is occurring if they don't report it that, is a crime. >> she has been charged and the court case, still pending. >> coming up, hit and run. police need help finding whoever is responsible for hitting a 70-year-old man. >> also, is your soda safe? a new warning about the color in the cola. >> also, the fight over the oakland a's. san jose taking a step to get the team as oaklands works on plans to keep them. >> what could be a new super food. is this meaning you can, your junk food can be eaten, [du [dad] [laughs] [boy] mom! [mom] yes? [boy] whoa,whoa,whoa... [mom and dad] [laughing] [boy] whoa,whoa,whoa... [mom] you've got two left feet,boo. look at this video by an abc7 viewer showing firefighters just as flames covered a building on 16th street. >> i had just woken up when i heard someone pounding on the door screaming "fire". >> one neighbor was a baby. and another neighbor, another building put a ladder down the fire was fast moving. >> just so frightening. the building suffered extensive damage and had been a warehouse converted to lock apartments. the red cross helping 21 residents now and one firefighter hurt when he fell owe ten feet. >> police looking for a driver we can show it to you. the driver hit the 70-year-old so hard he flew out of the crosswalk. witnesses say he approached the victim, drove around the victim and took off. he has since been released. >> well, airport workers are undergoing very important training ted that helps them stop one of the fastest-growing crimes, human trafficking. the bay area is a known hot spot because of the flights coming in and out of the region. >> training flight attendants you're increasing eyes and ears by thousands we estimate people that we've trained can scan a million people this year. >> the goal to get all airports trained by year 2016. >> well, a possible health risk tonight involving soft drinks find something soda drinks with carmel coloring contain a possible carcinogen. >> in california if a drink has this chemical it's supposed to have a cancer warning but the samples tested of two popular drinks exceeded the limit and didn't carry the warning. cold and sweet. average is two and a half glasses per day. much of which contains yar mel color. >> there is a right after this income there ta consumers should be informed about. >> consumer reports tested 110 samples of soft drinks bought in new york in california. including iced tea, root beer, colas and a nonalcoholic malt drink. the chemical four mai, the government study found caused cancer in mice showed up at varying level as cross all brands tested that contain caramel coloring. >> some sodas were fairly low in levels of four mei. some were high. >> highest levels of 4 mei in pepsi one. all coca-cola samples were well below. >> limitation is a small sample size we can't really draw conclusions about anyone given brand. >> however, consumer reports says people should know if the caramel color they're drinking contains a potential cacinogenf the label says caramel color or artificial color so consumers don't know the type. >> consumers should avoid caramel color and sodas altogether who want to avoid this hazard. >> check labels on all labels, too. including barbecue, and beer. there are no federal limits on 4 mai in labels. consumer reports told pepsi co and goya about findings goya says it's looking into the matter and pepsi co says it meets regulations and it's voluntarily applying the standards within the next month. >> thank you. >> sur. >> a common fruit overseas may be able to stop affects of a diet full of but scombrer fried foods you see lingon berries in scandinavia and sweden. now, they say they may help with cholesterol the ber yeez almost completely prevented weight gain in mice fed a high fat diet. they found acai berries had the opposite affect. >> well, san san jess yeah city officials taking him at major league baseball. the lawyers filed a claim for quote interference. the city filed an appeal with the ninth kirk quit court of appeals by failing to act on a by the to move a's to the south bay. >> oakland business leaders pushing forward to try to secure land for a water front baseball stadium. a five member concoarse yum moving ahead to get control of the terminal in hopes that a's co-owner will build a park there. he did meet with more to transform the complex. >> more baseball note here, former a's manager says his plaque will be put up with out a team logo. he says his career is the culmination of work in chicago and inducted in july. >> we may have beautiful weather here in the bay area this, is a dream for skiers right? skiers welcome that change. >> they sure do. they have been frantic for snow. >> it's interesting. just a small system moving through there today. looks like winter. >> looks like a blizzard. >> rainfall here soon. >> maybe. >> traveling around lake tahoe, back here in the bay area, we have had our 11th day of one record high temperature. now with winds over terrain we have a red flag warning in effect for virtually all of the higher terrain and hills and mountains. humidity is low and that, those conditions allow for rapid growth of fires we can see hazy ask clear conditions. 61 in oakland. mid to upper 60s in redwood low 60s in yappa. one more live view, these forecast features partly cloudy skies tonight and tomorrow. cooler for hills. and a high surf advisory in effect through friday. so a small disturbance is westward then out to sea turning northward. tomorrow afternoon, partly cloudy and another mild day. however, ten day outlook shows moisture moving into our direction so by sunday, we may see trace amounts of rain going into the weekend not a lot and not as much as we need but could be the beginning of true rain. low temperatures from 30s inland lo to low 40s around the bay. tomorrow another mainly sunny, mild day. high temperatures into mid 0 upper 60s from coast to bay. upper 60s to near 70 from bay to inland. saturday and sunday, high temperatures upper 70s inland. upper 70s. it's going to get warmer. >> right. >> it's expected to change then maybe, maybe a series of rain systems coming through. >> thank you. >> still ahead who owns this chihuahua fwound a broken leg? >> that is coming up, then at 6:00 michael finney raises a stink tonight over a local couple's disputed garbage bill. a terrible accident in indiana. authorities say they expect to find more bodies and a temporary morgue has been set up. heavy equipment has been brought in and a dozen semis are involved it's suspected weather and ice was a factor. eastbound lynns of i 94, a major thorough fare are shut down tonight. >> scientists will try to find out why a pod of pilot whales washed up dead today on a florida beach this, video shows you the startling site. very strange. florida fish and wildlife counted 25 dead whales along the beach. all believed to be part of a pod near naples bay over the weekend the pod broke free but marine biologists say whales showed signs of aling health. >> wow, peninsula spca looking for the owner of a chihuahua with pink-dyed fur found lying in the street with a fractured leg. veterinarians say the injury is not serious enough to require surgery the dog didn't have a collar or tags but they do believe she had a previous owner. the spca is now looking to put her into a foster home. >> a boat sitting half sunken off candle stick point appears to be stuck in limbo the cruiser has been gathering rust for weeks. number is submerged and so far no agency is claiming responsibility for removing it. >> smith & wesson says it will stop selling handguns in california to avoid complying with a new california cal state law that requires them to be micro stamped. putting a code on a firing pin and then on the casing. smith and wesson says micro stamping is unreliable, expense scombrif not proven to aid in preventing or solving crimes. >> newest citizens applause >> yes. hose who've been denied ewelcome to covered california. now, you can no longer be denied coverage because of a pre-existing condition. enroll today at coveredca.com. coming up at 6:00 remarkable story of a woman with a severe form of epilepsy and procedure stanford doctors used to end her seizures. and a woman grew up in a family of moguls her story. >> okay, thank you. see you then. >> true patriotism in the south bay. hundreds of people took an oath today oochl always a moving ceremony. all 427 people from 70 countries around the world were sworn in as americans during a ceremony in campbell. >> they all repeated citizenship oath promising to shed allegiances to home country asks defend the u.s. constitution. >> we don't make it easy to get here. so these are people that are pretty enthusistic about america and being american. it's a thrill to be able to call them my fellow americans. >> and congrad layings to all of them today. >> terrific . >> it's an honor. welcome to "world news." tonight, the deep freeze. and now, the dangers that come with it. frozen hydrants causing a second disaster at a major fire. the pileups, tonight. and meteorologist, ginger zee, with the new storm warning. the comeback of america's biggest enemy. and where are they? iraq. abc's martha raddatz right there, tonight, too. >> iraqi security forces warned us we should not go any further. >> america sending weapons tonight. an abc news exclusive. soda risk. a call to action, tonight, about an ingredient in many sodas. and questions about a possible link to cancer. abc's dr. besser on what the fda is saying tonight. and a "made in america" victory. remember your outrage when we discovered the american uniforms were made in china. tonight, the big reveal, on what they look like now. and who is making them.

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