Thread: Calif. Sheriff's Deputies Shoot, Kill 13-Year-Old

Calif. Sheriff's Deputies Shoot, Kill 13-Year-Old

SANTA ROSA, Calif. October 23, 2013 (AP)


Northern California sheriff's deputies have shot and killed a 13-year-old boy after repeatedly telling him to drop what turned out to be a replica assault rifle, sheriff's officials and family members said.
Two Sonoma County deputies on patrol saw the boy walking with what appeared to be a high-powered weapon Tuesday afternoon in Santa Rosa, sheriff's Lt. Dennis O'Leary said.
The replica gun resembled an AK-47 with a black magazine cartridge and brown butt, according to a photograph released by the sheriff's office. Deputies would only learn after the shooting that it wasn't an actual firearm, according to O'Leary.
Rodrigo Lopez identified the boy as his son, Andy, to a newspaper and said the young teen was carrying a toy gun that belonged to a friend.
After spotting the boy, the deputies called for backup and repeatedly ordered him to drop the gun, O'Leary said in a news release. It wasn't clear whether he pointed the replica assault rifle at the deputies or made any type of threatening gesture. The sheriff's office referred calls to the Santa Rosa Police Department, which did not immediately return a call for comment.
O'Leary said the deputies fired several rounds from their handguns immediately after issuing the orders to drop the rifle.
A neighbor in the area, Brian Zastrow, told the Santa Rosa Press Democrat ( http://bit.ly/1eJymxx) he heard seven shots.
"First, I heard a single siren and within seconds I heard seven shots go off, sounded like a nail gun, is what I thought it was," he said.
The boy fell to the ground on top of the rifle, according to O'Leary. He said the deputies ordered him to move away before approaching him and putting him in handcuffs.
They began administering first aid and called for paramedics, who pronounced him dead at the scene. Deputies also found a plastic handgun in the boy's waistband, O'Leary said. The deputies, who have not been identified, have been placed on administrative leave, which is standard after a shooting, O'Leary said.
Community members left candles, teddy bears and flowers at the edge of the field where the teen was shot and questioned deputies' decision to open fire.
"I'm sure you can tell he's a 13-year-old boy," Abrey Martin told KGO-TV. "He's not some maniac."
Rodrigo Lopez told the Press Democrat he last saw his son Tuesday morning.
"I told him what I tell him every day," he said in Spanish. "Behave yourself."
The family was back at their mobile home Tuesday night after identifying the boy's body, the Press Democrat reported.
The newspaper quoted the boy's mother, Sujey Annel Cruz Cazarez, as saying, ""Why did they kill him? Why?"
Andy Lopez was an eighth-grader at Lawrence Cook Middle School, where assistant principal Linsey Gannon said he played trumpet in the band.
"Andy was a very loved student, a very popular, very handsome young man, very smart and capable,'" she said Wednesday. "Our community has been rocked by his loss."

http://abcnews.go.com/US/wireStory/c...-year-20656068

No federal charges filed in deadly police shooting of boy with replica rifle


A memorial for Andy Lopez, 13, of Santa Rosa, who was killed in 2013 by a Sonoma County sheriff's deputy who mistook his plastic BB gun for an assault weapon.
(Justin Sullivan / Getty Images)


By VERONICA ROCHA contact the reporter

Federal charges will not be filed against a Sonoma County sheriff’s deputy who shot and killed a 13-year-old boy who was carrying a pellet gun that resembled an assault rifle in 2013.

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Protesters decry decision to not prosecute deputy in boy's death SEE ALL RELATED


The Department of Justice determined there was insufficient evidence to prove Deputy Erick Gelhaus willfully used excessive force that resulted in Andy Lopez’s death, U.S. attorney's spokesman Abraham Simmons confirmed Thursday.

Because there wasn't enough evidence, federal authorities have closed their file against Gelhaus.


Parents of slain Santa Rosa eighth-grader sue Sonoma County

Sonoma County Sheriff Steve Freitas said in a statement the decision reaffirmed his support and confidence in Gelhaus.

The sheriff’s office announced Wednesday that the FBI conducted an independent review of Gelhaus’ actions and concluded that no civil rights were violated.

The decisions come nearly a year after Sonoma County Dist. Atty. Jill Ravitch announced that the deputy would not face charges. Ravitch said Gelhaus shot Andy in response to what "he honestly and reasonably believed was an imminent threat of death or serious bodily injury to himself or others."

Andy was carrying a replica AK-47 on Oct. 22, 2013, when he was approached by Gelhaus in response to a call about a suspicious person.

Gelhaus saw the eighth-grader walking in the area with the replica rifle at his side and asked him to drop the weapon.

But prosecutors said Andy turned toward Gelhaus and his partner and began walking toward them.

Prosecutors said Gelhaus feared for his life and shot Andy seven times, striking him in the chest and abdomen.

Freitas said he and “members of the Sonoma County Sheriff’s Office are pleased that all the investigations into the matter have been completed.”

Andy’s parents have filed a federal lawsuit against Gelhaus and Sonoma County, calling the shooting unjustified and a “senseless and unwarranted act of police abuse.”

"Andy Lopez was a kind and charismatic boy who was loved by his family and friends," the suit said.

His death was a "profound and unimaginable loss" to his parents, the suit said.

A settlement hearing is set for Oct. 16 in Oakland.

http://www.latimes.com/local/lanow/l...702-story.html

The first article says it's a toy gun but the second article reports that it is a pellet gun. Okay, a pellet gun can be very dangerous. I've actually heard of cases where people have been killed by them. Pellet guns are also routinely used to kill small game and have been known to actually bring down a deer. My biggest question is, why didn't the kid respond when he was asked to drop the gun?

Originally Posted by MW

My biggest question is, why didn't the kid respond when he was asked to drop the gun?

I'm guessing that he was just trying to be helpful when he walked toward the officers.

I'm wondering why the officers didn't move to behind their car. Surely they could see that they were dealing with a child.
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Originally Posted by vistalad

I'm guessing that he was just trying to be helpful when he walked toward the officers.

I'm wondering why the officers didn't move to behind their car. Surely they could see that they were dealing with a child.
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I'm not even going to speculate on the case but I doubt the boy was attempting to be helpful. As for the age of the boy, I guess a 13 year old can kill you just as dead as an adult can.