Reporter kelly rushed to eden medical center, where her husband was pronounced dead and then she learned it was accidentally killed by a fellow officer. His own partner. Not only my family out here grieving. His family. Theres another officers family out there grieving. We hope that the community respects everybodys grief and supports everybody involved. Reporter Patrick Smith is tommys older brother. He is a Field Training officer for newark pd. You know, you dont expect to bury your brother. You expect to bury your parents or grandparents, not your little brother. Reporter ed is the oldest of the three. He works for the Alameda County sheriffs department. He says tommy would prefer to his wife and 6yearold daughter as, his girls. Its hard. Its really hard. But a lot of support has helped. The Police Community is incredible. Reporter tommy comes from a family of law enforcement. And they have one rule never say goodbye, just say stay safe never say goodbye. Just i love you. Stay safe. Thats all you can do. No guarantees in life especially in our line of work. Reporter tommys brotherin law is a k9 officer with hayward pd. Tommy wasnt just a brother inlaw to me. He was my brother. I gained two more. [ crying ] reporter all of them in law enforcement, all of them knowing they risk their lives every day to serve and protect. As hard as it was for them to talk, they wanted the community to know they appreciated the support and they wanted to express their heartfelt condolences to the other officer and his family. We have been through losses and we have been through that and weve been going through doors not knowing whats on the other side. I mean, i know that. But sometimes i dont understand what happened. I dont know what happened. Reporter kelly told me she wants everyone to know tommy was an amazing husband and father, and that is how she found the courage to talk to us. He was the love of my life, my daughters, everything. Tommy will always be my heart. Ill love him forever. Reporter juliette goodrich, kpix 5. The three brothers were close all living in the east bay within 20 minutes of each other. Officers were at an apartment in dublin to investigate thefts of items that were stolen at a bart station. Kpix 5s joe vazquez has more now on what happened inside that apartment. Reporter we now know that when Sergeant Smith went into that dublin apartment, he was in plainclothes wearing a bulletproof vest. He had four fellow detectives with him, guns drawn, as they walked in an open door. Moments later a shot rang out. Were in shock, disbelief. Were numb. Were grieving. And please, give us some time. Reporter john henry lee, the man accused of stealing the electronics, was in jail, which the investigators knew. They were taking the opportunity to search his apartment. The officer who fired the fatal shot has not been identified and police are not elaborating on what went wrong. Obviously its a tragic situation. You know, you cant second guess anybody and obviously until the investigation is done youre not going to know what happened. Reporter don cameron is a Police Tactics expert and former bart cop. He says he can only guess what happened but the small size of the apartment offers a clue. Usually, in that type of situation, its not going to be a surprise. In other words, one officer isnt going to come around the corner in front of another officer. Thats not going to happen in that small an area. So its probably being in a tight confined area limited movement capabilities and probably some type of tripping accident, bumping into furniture accident or Something Like that. Thats what id speculate, but again, we cant tell. Reporter joe vazquez, kpix 5. Flags at the state capital and around the bay area were at halfstaff yesterday in honor of officer smith. And you can find all the latest developments on this story at our website, kpix. Com. The state Senate Transportation committee will hold a hearing tomorrow about the structural safety of the bay bridges new eastern span. The committee released results of an investigation ahead of the hearing. As kpix 5s andria borba explains, the report contains allegations of coverups by caltrans. Reporter once again the safety of the new eastern span of the bay bridge is being called into question. We were always told by caltrans we were getting whats called the lifeline bridge that it would be operational within 24 hours of a major earthquake and that it would last for 150 years. The testimony we will hear friday contradicts at least that last part. Reporter the state Senate Transportation and Housing Committee released a scathing 41page preliminary report. The allegations are familiar cracks in parts from china, delays, and exponential cost overruns. But the report says, caltrans ignored the warnings and, worse, engineers were told to, quote, not find cracks and to not document problems in writing, just orally, so there will be no searchable public paper trail. What i have seen is consistent with what has frustrated me about this agency in particular, that they are not as transparent or forthcoming when either the public or the Media Outlets or the representatives of the public ask them for what theyre doing. Reporter caltrans had this to say. The toll Bridge Program Oversight Committee is reviewing the report and looks forward to responding to the findings and answering the committees questions on friday. Reporter andria borba, kpix 5. The report also looked into problems with welds on the bridge, an issue separate from the defective bolts and rods. Its 4 36. The weekend is coming with more of the same. Slight changes. Today we are going to see more of an offshore flow developing. So we are going to see the high fire danger developing in parts of the bay area, mainly in the north bay mountains. Thats where were looking at right now. Red flag warnings are going up in the mountaintops above 1,000 feet. We are seeing some strong gusty winds there, 20 and 30milean hour gusts this morning. And, of course, it has been extremely dry. A record dry year last year, and now hardly any rain to start this year at all. The humidity, less than 25 . So be very careful. That red flag warning has now been extended until friday at 1 00. Out over the bay right now, mostly clear, although we have had reports of some patchy fog and some thick fog toward the coastline. Temperatures going to be a little cooler today. We are looking at 60s inside the bay. 60s and maybe a couple of low 70s inland and then some low 60s a couple of patches of fog out toward the coastline. Lets check on the roads now with liza battalones. We have our first accident of the morning, lawrence. Good morning, everybody. We are going to start off with the 580 commute in oakland. If you normally take 580, watch out for this accident. It happened in eastbound direction so its counter commute near golf links. At least one lane of traffic shut down. Fortunately our sensors are still picking up very light traffic approaching the scene. And the chp has issued an advisory for the east bay. So this is just off of highway 4 in the brentwood area. Brentwood boulevard at balfour has been shut down because of an accident involving a downed power pole. So this is a busy intersection. Many folks use this roadway to bypass the traffic on highway 4. Expect delays getting through there. Remember to treat that blacked out intersection as a fourway stop. Well move on to the bridges. Westbound traffic still looking good with no big delays leaving oakland heading into San Francisco. Thats a look at kcbs traffic. Now to frank. We thank you, liza. As bad as you think the flu season is, its getting worse. There have been 6 more deaths here in the bay area. Kpix 5s betty yu shows us there is a new way now to avoid getting sick. We have had an epidemic. Reporter this san rafael pharmacist and ucsf professor says this is the most brutal season he has seen in 10 years considering the number of healthy young people who have died from the h1n1 virus. February is the worst month for the bay area. Reporter this might push you to get a flu shot or alert you that your neighbors are coming down with something. Its an app called sick weather. It filters tweets and Facebook Status updates. The flu near you is a crowd source app. It shares someone who has symptoms down to their street. Right now there are two reports of the flu in fremont and palo alto. The blue pins mean they are generally healthy. The web md app gives you the severity of cold and flu symptoms in your zip code. Tonight in San Francisco, its moderate to severe. Google flu trends looks at search terms to estimate where the flu is flaring upstate by state pulling data from social media and the web may not always be the most accurate. But at the very least, its an Early Warning system. It is good to at least know where the pockets of infection are. Reporter in san jose, betty yu, kpix 5. If you do get a flu shot it takes up to two weeks to build up immunity. So you can still get sick. Time now 4 40. New threats have surfaced against american athletes at the Winter Olympics in sochi, russia. How their families are addressing the uncertain situation. And a scary turn in the fight over private shuttle buses in the bay area. Why some are saying the protestors have crossed the line. When we come back. ,,,,,,, surfaced yesterday. The International Olympic Committee Says. Ts nothing to it. But Charlie Dagata sh athlete is tel another olympic scare. An email threat surfaced yesterday. The International Olympic Committee Says theres nothing to it. But Charlie Dagata tellsist one athlete is telling us his parents are staying home. Reporter just a few hundred miles from the games and just over two weeks before they begin Russian Security operations are on high alert. Warnings that suicide bombers may already be inside sochis security zone set off jitters. A u. S. Speedskater told his parents not to come to russia. There are concerns out there for security and it seems like every day theres another concern and all that. And tucker wants to be focused on the race and he has asked us and his wife if we would stay home and watch it on tv just so we can stay focused and not, you know, have a secondary thing to worry about. Our athletes deserve to be able to just go and compete, not to have any of this going on. Reporter the u. S. Ski and snowboarding association has hired global rescue, a Security Company that will have up to 6 aircraft on standby for medical or security emergencies. Charlie dagata, kpix 5. The u. S. Has two warships in the black sea and aircraft on alert at bases in the region. Happening today, Edward Snowden will answer questions from the public. The former National Security contractor and fugitive will take part in an hour long questionandanswer session on his official support website. Edward snowden also plans to address president obamas surveillance reforms. Snowden has been living in exile in russia because the United States wants to prosecute him for leaking classified documents. Theres a lot of shoveling on the east coast. This is new york, where the snowfall has now given way to partly cloudy skies. And bitter cold. Its going to be 20 degrees the rests of week. Somebody must have left the door open on this amtrak train. Snowcovered parts of the trains interior in maryland. The controls, seats, even the Steering Wheel were coated with snow and ice. That just looks cold. Doesnt look like fun. Right. They have been getting the very cold temperatures. They are going to see wind chills below zero. Unbelievable of course, we have had record breaking temperatures. 10 days in a row, i think today may be the end of it but fire danger is running high over the mountains and the swells are building along the coastline. Interesting though how its breaking down today. We have some strong offshore winds developing over the mountaintops. Over the north bay mountains. Down below a surge of low clouds and fog bringing dense clouds at the coastline so throughout the morning, mostly clear inside the bay and the valleys. High fire danger with red flag warnings now posted in the north bay mountains until friday. And then mostly sunny and slightly cooler this afternoon and then sunny and mild weather expected for the weekend. That surf continues to build. In fact, we have a High Surf Advisory going into effect today swells 11 to 13 feet with an occasional 20footer and get this, at mavericks maybe as high as 40 feet. Thats amazing. High pressure in control right now. It is backing off a little bit. This low is actually going to factor into our weather and retrograde back toward the coastline helping to kick up some of the winds over the mountaintops. Around the state, 60s and 70s into the central valley. About 68 into monterey bay. Clouds moving in tomorrow. On and off throughout the day tomorrow, some probably probably into the first part of the weekend in the morning and then skies clear out. Temperatures running cooler today. A lot of 60s in the south bay, low 60s toward the coastline with patchy fog. 60s a few low 70s inland and inside the bay hazy sunshine, 69 in oakland and 65 in San Francisco. Next couple of days, well keep those temperatures down a little bit. Warming back up though on saturday and sunday. And look at next week, maybe back into the mid70s, incredible. Does this mean youre going to bust out the shops . I have to do something oh, no looking forward to that. We are going to talk about kcbs traffic. We have changes in place this morning affecting amtraks capitol corridor line. Bus service will be replacing trains number 548 and number 551. Now, if you are heading for bart, ferries, caltrain an ace train, all other transit okay with all of them running on a normal schedule. Well move on to the east bay where remember brentwood boulevard at balfour road will be closed because of an accident. It will be shut down until 1 a. M. This of course busy roads as an alternate to highway 4 so set aside extra time if you normally drive through there to get into work. The bay bridge commute still good westbound traffic moving well leaving oakland heading into San Francisco. Those metering lights are still off. And if you need to take the golden gate to get into the city, so far its fine. We have not had any major problems for all of marin county getting towards San Francisco. The Altamont Pass westbound 580 still wide open. You can see all the green sensors there. Very light traffic so far leaving the 205 interchange, no problems approaching the livermore valley. And heading for the san mateo bridge, westbound traffic looks good with no big problems at the pay gates. Thats a look at kcbs traffic. Guys, back to you. Thank you, liz. 4 47. Protestors in San Francisco are angry about hightech workers who take shuttle buses to their jobs in the Silicon Valley. As Christin Ayers reports, those protestors are now getting personal. Reporter protestors rush one of googles private shuttle buses leaving the workers on board stranded. Please move out of the street. Reporter they blame tech for driving up the cost of living in San Francisco. Moms and pops are gone. Reporter the Group Calling itself the counter force targeted this man at his house. Think youre following a cause. Reporter the engineer behind the super secret google x and googles famous self driving cars seen in this video, the protestors surrounding his berkeley home with banners and watched him leave. The protests lasted about 45 minutes and when it was done, the group left behind these flyers accusing him of bringing evil to the world and identifying where he lives. The google employee didnt want to talk to us on camera but said, im a nice guy, just an engineer who likes robots. One of his neighbors was a little more vocal. This is stalking. Reporter even in berkeley, a bastion of grassroots activism, Becky Omalley says what counter force did crosses the line. There is absolutely no reason to go after people in their home no matter what you think of their job or their politics. Reporter in berkeley, Christin Ayers, kpix 5. Google had no official comment on this but eleven do you ski told kpix 5 he was surprised by the protest but never felt threatened. Futures trading points to a lower opening on wall street this morning. Wendy gillette from cbsmoneywatch. Com reports a couple of Silicon Valley giants are out with encouraging quarterly reports. Reporter netflix didnt disappoint wall street. The Video Streaming Service says Quarterly Earnings easily beat analyst estimates while revenue topped 1. 18 billion. Netflix, which has had Great Success with original series including house of cards and orange, is the new black, expect to have 48 million new members by the spring. Ebay reporting higher profit for the holiday quarter. The ecommerce site said more people used paypal to buy items. Billionaire investor carl icahn submitted a proposal to spin off the paypal business. On wall street disappointing earnings from ibm helped to drag the dow down 41 points. But the nasdaq rose 17. Foreclosures accounted for nearly 16 of all home sales in the u. S. Last year. Thats up 10 from 2012. Realtytracs latest survey found cash was king in real estate markets last year. All cash deals accounted for more than 50 of all home sales in five states including florida and wisconsin and trip adviser is out with its travelers choice awards. And the Top Overall Hotel in the u. S. Is the grand del mar in san diego. The trip advisor awards are based on millions of reviews and opinions from travelers. By the way, one night at the grand del mar starts at about 500. Thats your moneywatch. For the latest Business News follow me on twitter. In new york, im alexis christoforous. It is 4 51 now. A raiderette cheerleader filed a lawsuit against the raiders. Why she says the raiders were violating numerous state laws, coming up. The next time you get a parking ticket in San Francisco, a new app will help fight it. Well explain how it all works coming up. Take you in for a closer look for your neighborhood forecast. San jose temperatures in the mid to upper 60s, cooler a few more clouds for tomorrow. And everything is at it should be so far for the tri valley. No accidents and no major delays for 580 between the Altamont Pass and 680. Ill have more kcbs traffic for you in just a few minutes. Thank you. Some drama in raider nation. A raiderette is suing. As len ramirez says, the reason just might surprise you. Reporter lacy, who described herself as a married stayathome mom, signed on as a raiderette cheerleader for the 2013 season and said she was at first thrilled. I had opportunities to dance in front of some of the best fans in the nfl, raider nation. But honestly, it was a Financial Hardship for me. Reporter lacy is now suing the Oakland Raiders accusing the team of flagrant violations of state law saying the raiderettes would only get paid at the end of the season and that if added up, their pay would not even be 5 an hour. We received 1,250 at the send of the season, which comes out to 120 per game. And that was it. But we do practice up to three times a week. We have overnight stays for photo shoots. We had an overnight stay for minicamp. So there were a lot of other hours we were putting in to be a raiderette and there was going to be no compensation for that. Well, it certainly stood out to me that they dont get paid until the end of the season. I mean, that on its face is a violation of california law. Reporter the lawsuit also claims the raiderettes could be benched unpaid if they gained weight as little as 5 pounds. Attorney sharon vinik says although her client signed a contract, the contract itself is in violation of the law. The contract that lacy brought to us was one of the most egregious contracts i have ever seen. There are just so many illegal provisions, its hard to imagine that a group of lawyers at a franchise like the Oakland Raiders would have presented this contract to a group of women to sign. Reporter len ramirez, kpix 5. The Attorney Says the Oakland Raiders the raiderettes tens of thousands in back pay. The Team Spokesman said no comment. Well, got a parking ticket, you really dont think you deserve it . Yes. Theres an app for that, isnt there . Theres an app for everything. This is called fix and it will help people in San Francisco fight a parking citation. The app suggests common mistakes parking control officers make that could help you get out of the ticket. Once you send off the information, fixed takes care of the rest. Parking tickets, its such an emotive issue. People feel robbed when they get pa parking ticket particularly when they know they are in the right. For a lot of people, they didnt know how to contest it. They didnt know how to fight the man effectively and, you know, were happy to help them do that. If you beat the ticket, 25 of what it would have cost goes to fix. The app is free to download but its so popular, theres a waiting list of 25,000 users. Wow. Thats good. A controversial report claims that caltrans tried to cover up problems with the new span of the bay bridge. Well have the details and why the bridges safety is being called into question again. He will always be in my heart. Ill love him forever. Opening up for the first time with the family of that bart officer killed on the job. More coming up. The recent increase in cafeteria prices is not cool. When you vote for flo, well have discounts. Icecream discounts. Multicookie discounts. Pizza loyalty discounts [ kids chanting flo ] i also have some great ideas on car insurance. [ silence ] finding you discounts since back in the day. Call or click today. I like her. 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 . Thatll be 23. 50. Now. 75, 23. 75, hold em. Hey now do i hear 23. 75 . 24 hey 24 dollar, 24 and a quarter, quarter, now half, 24 and a half and. 75 25 now a quarter, hey 26 and a quarter, do you wanna pay now, you wanna do it, 25 and a quarter sold to the man in the khaki jacket geico. Fifteen minutes could save you. Well, you know. He will always be in my heart. Ill love him forever. The wife of a fallen bart Police Officer opens up to kpix 5 about the husband she lost as investigators begin piecing together exactly what went wrong. If youre lucky to find the love of your life, hold on to it. I did. I cherished every moment we had. Once again, the safety of the new eastern span of the bay bridge is being called into question. We were always told by caltrans we were getting the lifeline bridge, that it would be operational within 24 hours of a major earthquake. A new report paints an ugly picture of the new bay bridge and accuses caltrans of a cover up. We had a lot of other hours we were putting in to being a raiderette and there was no compensation toker that. A raiders cheerleader is suing her team claiming she was not paid properly. From across the bay to around the world, the stories that matter on kpix 5 news this morning. Captions by caption colorado comments captioncolorado. Com your realtime captioner is mrs. Linda marie macdonald. Good morning. Its thursday, january 23. Im michelle griego. Hi, everyone. Im frank mallicoat. It is 5 00. Lets get you out the door with a little traffic and weather. Two words for you, lawrence. Surfs up surf is up and so is the fire danger. The red flag warning as were looking at some very strong gusty winds developing over some of the north bay mountains. Now the red flag warnings have been posted over the in ex couple of days. Offshore Winds Continuing there blowing to 20 and 30 miles per hour. Of course, it is very dry. We have seen very little in the way of rainfall this season. And now humidity levels dropping under 25 . The red flag warnings run and extended through friday. Looking quiet over the bay right now. Looking mostly clear, too. Couple of patches of fog along the coastline. Looks like toward the afternoon these
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