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 obv