Shooting of Andy Lopez

Shooting of Andy Lopez
Time c. 3:14 p.m. (PST)
Date October 22, 2013
Location Moorland Avenue and West Robles Avenue, Sonoma County, California, United States
Coordinates 38°23′40″N 122°43′07″W / 38.394466°N 122.718555°W
Participants Erick Gelhaus (shooter)
Andy Lopez (death)
Deaths Andy Lopez
Charges None filed[1]
Litigation Lawsuit seeking unspecified damages against Sonoma County and Gelhaus pending

The fatal shooting of Andy Lopez by Sonoma County sheriff's deputy Erick Gelhaus took place on October 22, 2013, in Santa Rosa, California. 13-year-old Lopez was walking through a vacant lot and carrying an airsoft gun that was designed to resemble an AK-47 assault rifle. Gelhaus opened fire on Lopez, mistaking the airsoft gun for a real firearm. The shooting prompted many protests in Santa Rosa, and throughout California.

On November 4, 2013, the Lopez family filed a federal civil rights lawsuit at the U.S. District Court.

On July 7, 2014, District Attorney Jill Ravitch announced no charges would be filed against Gelhaus.

Backgrounds

Andy Lopez

Andy Lopez (June 2, 2000[2] – October 22, 2013) was a 13-year-old Mexican American boy who attended Lewis Opportunity School in Santa Rosa. He was raised in the Moorland Avenue neighborhood in southwest Santa Rosa. He transferred to Lewis Opportunity School from Cook Middle School one week prior to his death.[3]

Erick Gelhaus

Erick Gelhaus is a Sonoma County sheriff's deputy, and has worked with the agency for 24 years. He is also an Iraq War veteran. Gelhaus is a firearms instructor and is a contributing writer to gun publications. He was an instructor for ten years at Gunsite Academy, an Arizona-based company that teaches gun-handling, marksmanship, and law enforcement to "elite military personnel, law enforcement officers and free citizens of the U.S." He specialized in teaching pistol, carbine, shotgun and rifle lessons.[4] He accidentally shot himself in the leg in 1995 while on duty with the sheriff's office, reportedly while holstering a gun during an attempt at searching a teenager for weapons. In his 24 years in law enforcement, he had never shot a suspect until the shooting of Lopez.[5][6]

Shooting

AK-47 vs airsoft replica

According to Santa Rosa Police Lieutenant Paul Henry, two Sonoma County sheriff's deputies (Gelhaus and Michael Schemmel; Schemmel was driving the patrol car)[7] were patrolling the Moorland Avenue neighborhood when they spotted Andy Lopez approximately 25 yards (23 m) ahead carrying an airsoft replica of an AK-47 assault rifle[8] while he was walking on Moorland, just past the corner of West Robles Avenue. The rifle appeared to be a real weapon, since it did not have the orange tip that is a legal requirement for all toy guns for import.[9] As the sheriff's deputies approached the children from behind, Gelhaus radioed an observation of "Code 20, two units" at 3:13:58 p.m.[7] Schemmel activated the light bar and briefly sounded the siren as he parked the patrol vehicle, and Gelhaus exited the passenger's side, calling out to demand that Lopez drop the weapon. Lopez turned to his right, towards the deputies and the barrel began to ascend.[7]

At 3:14 p.m., Gelhaus fired eight shots at Lopez from his department-issued 9mm handgun.[10] The deputies broadcast "shots fired" to dispatch at 3:14:17 p.m., indicating the total time from initial contact to the shooting was seventeen seconds.[7] Seven bullets hit Andy within six seconds. Two of the shots delivered fatal wounds, with one round hitting Lopez on his side while he was turning to face the police, according to an autopsy. The deputies then immediately handcuffed Lopez. When Lopez was searched after the shooting, he was also found to have a clear plastic pistol in his waistband.[7] He was pronounced dead on the scene.[11] There are conflicting reasons given as to why Lopez was carrying the replica firearms, with some stating that he was returning them to a friend and others saying that he was supposedly going to use them to try and scare a friend as a joke.

Investigation

On October 26, 2013, the Federal Bureau of Investigation started to conduct an independent investigation in Lopez's death. Sonoma County Sheriff Steve Freitas announced in a statement on October 25 that he will cooperate fully with federal investigators.[12] It is the first time for the FBI to investigate an officer-involved shooting in Sonoma County since the 1997 shooting death of Kuanchung Kao in Rohnert Park.[13]

Investigators said Gelhaus feared for his safety after Lopez turned around and allegedly raised the pellet gun in his direction (a replica of an AK-47 that was an air-soft gun that fired plastic pellets). Gelhaus told investigators that he could not remember if he verbally identified himself as a deputy sheriff, although he was in a deputy sheriff's uniform and marked sheriff's patrol car before firing at Lopez; however, Lopez would not have seen the uniform or patrol car since the officers approached him from behind.[10]

Gelhaus was cleared to return to duty on December 9, 2013, but was able to work at his desk and not on patrol. On July 7, 2014, District Attorney Jill Ravitch announced no charges would be filed against Gelhaus.[1] In August 2014, Gelhaus was allowed to return to patrolling the streets.[14]

Aftermath

Civil action

Arnoldo Casillas, the lawyer representing Lopez's family, said that the shooting was unconstitutional because it violated the Fourth Amendment's limits on police authority. On November 4, the Lopez family filed a lawsuit at the U.S. District Court in San Francisco, claiming that Deputy Erick Gelhaus shot Lopez “without reasonable cause.”[15][16][17]

Protests

A series of protests were organized and held following Lopez's death. The protests were mainly organized by immigrant, religious and community groups and activists.[18] Many protesters have stated that Lopez's shooting was a case of police brutality, and that Lopez, who was Latino, was a victim of racial profiling by the deputies. On October 25, 2013, more than 100 people, consisting mostly of middle school and high school students, protested at the Santa Rosa City Hall.[12] On October 29, over 1,000 people attended a protest in downtown Santa Rosa, in the form of a mass march. The march initiated in the Courthouse Square in downtown Santa Rosa, and ended at the Sonoma County Sheriff's Office. Lawyer John Burris, who represented the family of police brutality victim Oscar Grant, gave a speech at the rally. Attendees traveled from all over the San Francisco Bay Area to attend the event. Many protesters held picket signs demanding justice.[19][20][21][2][5] Up to 200 people attended a march in Santa Rosa on November 5, 2013, including activist Cindy Sheehan.[22] They also demanded that District Attorney Jill Ravitch issue an arrest warrant for Gelhaus or put together a grand jury, but she declined both, stating that the investigation would take time.[23]

Rallies were held statewide on November 9, 2013, in Santa Rosa, Oakland, San Francisco, Los Angeles, Sacramento and Merced.[24]

On November 26, 2013, several people were detained during protests in Santa Rosa. A dozen demonstrators were cited for blocking traffic, and one demonstrator was arrested and booked for resisting arrest. There were 80 people attending that protest, consisting of local middle and high-school students, and several members of By Any Means Necessary (BAMN), a Bay Area-based civil rights group.[25]

On December 3, 2013, protesters targeted Ravitch at her re-election fundraiser.[26]

On December 9, 2013, Gelhaus was cleared to return to duty, which resulted in additional protests.[27]

One person was arrested for battery on a police officer for allegedly punching a police officer and hitting another officer with a picket sign during a protest at the Santa Rosa City Hall on December 10, 2013. Charges were dropped against this person in May 2014.[28] A second person was arrested for obstructing a police officer and violating probation. Multiple protesters vandalized the front door of the Sonoma County Jail, breaking its glass.[29][30]

On February 17, 2014, protesters for Andy Lopez gathered at the Santa Rosa Plaza food court to eat lunch while wearing shirts displaying "RIP Andy Lopez." Several mall security guards came up to them and asked them to remove their t-shirts or leave the mall. The attorney for Simon Malls, owner of Santa Rosa Plaza, apologized in a letter issued to relatives of Andy Lopez, stating that they were disappointed that the security guards did not comply with the mall's policies and procedures. The head of security for Santa Rosa Plaza was fired one month later in connection with the incident.[31]

On July 12, 2014, over 100 protesters held a rally at the Old Courthouse Square in Santa Rosa, in response to their disapproval with prosecutors' decision to not file charges against Erick Gelhaus. A small group of protesters marched up onto northbound Highway 101, blocking traffic.[32]

Tributes

A memorial park was created for Lopez in December 2013, located near the site of his death.[33]

See also

References

  1. ↑ 1.0 1.1 http://pressdemocrat.com/article/20140707/articles/140709728
  2. ↑ 2.0 2.1 "Protest Over Andy Lopez Killing 10.29.13". Press Democrat. October 29, 2013. Retrieved October 30, 2013.
  3. ↑ Johnson, Julie (October 27, 2013). "Mourners wearing white honor Andy Lopez at visitation service". Press Democrat. Retrieved October 29, 2013.
  4. ↑ Joseph, Channing (October 28, 2013). "Deputy who shot Calif. teen is a gun instructor". San Francisco Chronicle. Retrieved October 31, 2013.
  5. ↑ 5.0 5.1 Alexander, Kurtis (October 29, 2013). "Big rally in Santa Rosa over toy gun killing". San Francisco Chronicle. Retrieved October 29, 2013.
  6. ↑ Murdock, Sebastian (October 29, 2013). "Erick Gelhaus Identified As Cop Who Killed Teenager Andy Lopez". Huffington Post. Retrieved October 29, 2013.
  7. ↑ 7.0 7.1 7.2 7.3 7.4 Law enforcement employee-involved fatal incident report (Report). Sonoma County District Attorney's Office. 2014. Retrieved 29 January 2015.
  8. ↑ Wilkey, Robin (October 23, 2013). "Police Shoot And Kill Andy Lopez, 13-Year-Old Boy Carrying Pellet Gun". Huffington Post. Retrieved October 30, 2013.
  9. ↑ "15 C.F.R. Part 272—Marking of Toy, Look-Alike and Imitation Firearms". Electronic Code of Federal Regulations. 1 January 2014. Retrieved 6 January 2015.
    §272.3 Approved markings.
    The following markings are approved by the Secretary of Commerce:
    1. A blaze orange (Fed-Std-595B 12199) or orange color brighter than that specified by the federal standard color number, solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than 6 millimeters from the muzzle end of the barrel.
    2. A blaze orange (Fed-Std-595B 12199) or orange color brighter than that specified by the Federal Standard color number, marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 millimeters.
    3. Construction of the device entirely of transparent or translucent materials which permits unmistakable observation of the device's complete contents.
    4. Coloration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern.
  10. ↑ 10.0 10.1 "Report: Calif. boy shot before 2nd deputy left car". CBS News. October 30, 2013. Retrieved October 31, 2013.
  11. ↑ Winter, Michael (October 29, 2013). "Hundreds protest police killing of Calif. teen". USA Today. Retrieved October 29, 2013.
  12. ↑ 12.0 12.1 "Andy Lopez fatal shooting by Santa Rosa police to be investigated by FBI". Associated Press. October 26, 2013. Retrieved October 30, 2013.
  13. ↑ Wilkinson, Brett (October 25, 2013). "FBI to investigate Andy Lopez shooting". Press Democrat. Retrieved October 30, 2013.
  14. ↑ Johnson, Julie. Deputy in Andy Lopez shooting returning to patrol, Press Democrat, August 15, 2014.
  15. ↑ Espinoza, Martin (November 1, 2013). "Lopez attorney: Sheriff's office 'encourages' use of deadly force". Press Democrat. Retrieved November 2, 2013.
  16. ↑ http://www.nbcbayarea.com/news/local/Andy-Lopez-Family-to-File-Federal-Lawsuit-Claiming-Violation-of-Fourth-Amendment-230501401.html
  17. ↑ http://media.nbcbayarea.com/documents/Complaint+-+Filed.pdf
  18. ↑ Scully, Sean (November 2, 2013). "Community discovering new unity after Lopez shooting". Press Democrat. Retrieved November 2, 2013.
  19. ↑ http://blogs.kqed.org/newsfix/2013/10/29/andy-lopez
  20. ↑ Johnson, Julie (October 29, 2013). "Police: Second deputy still in car when Andy Lopez shot". Press Democrat. Retrieved October 29, 2013.
  21. ↑ Johnson, Julie (October 29, 2013). "Protests on Andy Lopez killing end without incident". Press Democrat. Retrieved October 29, 2013.
  22. ↑ "Marchers gather in Santa Rosa to protest Andy Lopez killing". Press Democrat. November 5, 2013. Retrieved November 5, 2013.
  23. ↑ http://www.pressdemocrat.com/article/20131105/articles/131109790#page=3
  24. ↑ "Multiple Bay Area Protests Saturday Over Andy Lopez Shooting". CBS News. November 8, 2013. Retrieved November 8, 2013.
  25. ↑ Espinoza, Martin (November 26, 2013). "Several Andy Lopez demonstrators detained, cited". Press Democrat. Retrieved November 26, 2013.
  26. ↑ http://www.pressdemocrat.com/article/20131203/articles/131209879
  27. ↑ http://abcnews.go.com/US/wireStory/california-deputy-teen-shooting-resume-duty-21146998
  28. ↑ Payne, Paul. Prosecutors drop charges against Andy Lopez protester, Press Democrat, May 9, 2014.
  29. ↑ Espionza, Martin; Johnson, Julie (December 11, 2013). "Two arrested as Lopez protest halts meetings". Press Democrat. Retrieved December 11, 2013.
  30. ↑ "Tensions high at Tuesday's Andy Lopez protest". Press Democrat. December 10, 2013. Retrieved December 10, 2013.
  31. ↑ Security guard says he was fired over Lopez t-shirt flap, KTVU, March 2, 2014.
  32. ↑ Protesters Demanding Justice For Slain 13-Year-Old Andy Lopez Block Hwy 101, Santa Rosa, CBS News, July 12, 2014.
  33. ↑ http://www.nbcbayarea.com/news/local/Supervisors-Study-Turning-Park-Into-Memorial-for-Andy-Lopez-Teen-Killed-Carrying-Replica-Rifle-234280511.html

External links