Sonoma County to Pay $3 Million Settlement in Andy Lopez Shooting
Jury Could Find Deputy Wrongfully Killed 13-Year-Old Andy Lopez, Court Rules
Veterans, Supporters Defend Sonoma Sergeant Who Killed Andy Lopez
DOJ Clears Sheriff's Deputy in Death of Andy Lopez
No Charges Against Deputy in Shooting of Santa Rosa Teenager
State Senate Passes Bill to Change Look of Imitation Firearms
Andy Lopez Protests Continue in Santa Rosa With Appeal to D.A.
Deputy Who Shot Andy Lopez Said to Act Erratically, Heroically
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He was chosen for a spring 2017 residency at the Mesa Refuge to advance his research on California salmon.\r\n\r\nEmail Dan at: \u003ca href=\"mailto:dbrekke@kqed.org\">dbrekke@kqed.org\u003c/a>\r\n\r\n\u003cstrong>Twitter:\u003c/strong> \u003ca href=\"https://twitter.com/danbrekke\" rel=\"noopener noreferrer\">twitter.com/danbrekke\u003c/a>\r\n\u003cstrong>Facebook:\u003c/strong> \u003ca href=\"https://www.facebook.com/danbrekke\" rel=\"noopener noreferrer\">www.facebook.com/danbrekke\u003c/a>\r\n\u003cstrong>LinkedIn:\u003c/strong> \u003ca href=\"https://www.linkedin.com/in/danbrekke\" rel=\"noopener noreferrer\">www.linkedin.com/in/danbrekke\u003c/a>","avatar":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twitter":"danbrekke","facebook":null,"instagram":"https://www.instagram.com/dan.brekke/","linkedin":"https://www.linkedin.com/in/danbrekke/","sites":[{"site":"news","roles":["administrator","create_posts"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"quest","roles":["contributor"]},{"site":"food","roles":["contributor"]},{"site":"forum","roles":["contributor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Dan Brekke | KQED","description":"KQED Editor and Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/danbrekke"},"katharinefong":{"type":"authors","id":"1479","meta":{"index":"authors_1591205172","id":"1479","found":true},"name":"Katharine Fong","firstName":"Katharine","lastName":"Fong","slug":"katharinefong","email":"katharinefong@gmail.com","display_author_email":false,"staff_mastheads":[],"title":null,"bio":null,"avatar":"https://secure.gravatar.com/avatar/7ee290207889c71d9adcaf3591853a92?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["subscriber"]},{"site":"lowdown","roles":["editor"]},{"site":"stateofhealth","roles":["subscriber"]}],"headData":{"title":"Katharine Fong | KQED","description":null,"ogImgSrc":"https://secure.gravatar.com/avatar/7ee290207889c71d9adcaf3591853a92?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/7ee290207889c71d9adcaf3591853a92?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/katharinefong"},"aemslie":{"type":"authors","id":"3206","meta":{"index":"authors_1591205172","id":"3206","found":true},"name":"Alex Emslie","firstName":"Alex","lastName":"Emslie","slug":"aemslie","email":"aemslie@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Senior Editor","bio":"Alex Emslie is senior editor of talent and development at KQED, where he manages dozens of early career journalists and oversees news department internships.\r\n\r\nHe is a former carpenter and proud graduate of City College of San Francisco and San Francisco State University, where he studied journalism and criminal justice before joining KQED in 2013.\r\n\r\nAlex produced investigative journalism focused on \u003ca href=\"https://www.kqed.org/news/11667594/the-trials-of-marvin-mutch-video\">criminal justice\u003c/a> and policing for most of a decade. He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"fjhabvala":{"type":"authors","id":"8659","meta":{"index":"authors_1591205172","id":"8659","found":true},"name":"Farida Jhabvala Romero","firstName":"Farida","lastName":"Jhabvala Romero","slug":"fjhabvala","email":"fjhabvala@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Farida Jhabvala Romero is a Labor Correspondent for KQED. She previously covered immigration. Farida was \u003ca href=\"https://www.ccnma.org/2022-most-influential-latina-journalists\">named\u003c/a> one of the 10 Most Influential Latina Journalists in California in 2022 by the California Chicano News Media Association. Her work has won awards from the Society of Professional Journalists (Northern California), as well as a national and regional Edward M. Murrow Award for the collaborative reporting projects “Dangerous Air” and “Graying California.” \u003c/span>\u003cspan style=\"font-weight: 400;\">Before joining KQED, Farida worked as a producer at Radio Bilingüe, a national public radio network. Farida earned her master’s degree in journalism from Stanford University.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twitter":"FaridaJhabvala","facebook":null,"instagram":null,"linkedin":"https://www.linkedin.com/in/faridajhabvala/","sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]}],"headData":{"title":"Farida Jhabvala Romero | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/fjhabvala"},"rlevi":{"type":"authors","id":"11260","meta":{"index":"authors_1591205172","id":"11260","found":true},"name":"Ryan Levi","firstName":"Ryan","lastName":"Levi","slug":"rlevi","email":"rlevi@KQED.org","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":"Ryan Levi was a reporter and podcast producer at KQED News from 2016-2019. He worked on \u003ca href=\"https://www.kqed.org/news/series/baycurious\">Bay Curious\u003c/a>, \u003ca href=\"https://www.kqed.org/news/tag/the-bay/\">The Bay, \u003c/a>and \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545\">The California Report Magazine\u003c/a>, as well as hosting and producing the weekly \u003ca href=\"https://www.kqed.org/news/program/qedup/\">Q'ed Up podcast. \u003c/a>He also helped inaugurate KQED's weekend news coverage in 2017 as one of two original digital producers. Ryan holds degrees in multimedia journalism and Spanish from the University of Missouri.","avatar":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g","twitter":"ryan_levi","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["administrator"]},{"site":"perspectives","roles":["administrator"]},{"site":"breakingnews","roles":["editor"]}],"headData":{"title":"Ryan Levi | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/rlevi"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11713332":{"type":"posts","id":"news_11713332","meta":{"index":"posts_1591205157","site":"news","id":"11713332","score":null,"sort":[1545164929000]},"guestAuthors":[],"slug":"sonoma-county-to-pay-3-million-settlement-in-andy-lopez-shooting","title":"Sonoma County to Pay $3 Million Settlement in Andy Lopez Shooting","publishDate":1545164929,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated Wednesday, 1:50 p.m.\u003c/em>\u003c/p>\n\u003cp>The Sonoma County Board of Supervisors on Tuesday settled a federal excessive force lawsuit filed by the family of 13-year-old Andy Lopez, who was fatally shot by a sheriff's deputy in 2013.\u003c/p>\n\u003cp>A county spokeswoman said the $3 million settlement, which the board unanimously approved in a closed-door session, includes legal fees but does not admit liability or fault on behalf of the county.\u003c/p>\n\u003cp>\"A 13-year-old is dead, and the right thing to do for the community to start moving forward was to settle the case,\" said Sonoma County Sheriff Rob Giordano.\u003c/p>\n\u003cp>Lopez was shot seven times on Oct. 22, 2013, by then-Deputy Erick Gelhaus as he walked along Moorland Avenue south of Santa Rosa with a pellet gun that was designed to look like an AK-47 assault rifle. Gelhaus said he believed the rifle was real and that the barrel was raised upward as Lopez turned toward him.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The killing \u003ca href=\"https://www.kqed.org/news/115840/sonoma-county-deputies-kill-13-year-old-carrying-replica-ak-47\" target=\"_blank\" rel=\"noopener\">sparked outrage\u003c/a> from the community, as did Gelhaus' \u003ca href=\"https://www.kqed.org/news/11053590/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old\" target=\"_blank\" rel=\"noopener\">promotion to sergeant\u003c/a> in 2016.\u003c/p>\n\u003cp>It also sparked local and federal investigations into Gelhaus' actions. He was \u003ca href=\"https://www.kqed.org/news/10586864/doj-clears-sheriffs-deputy-in-andy-lopez-death\" target=\"_blank\" rel=\"noopener\">cleared of criminal wrongdoing\u003c/a> by the Sonoma County District Attorney's Office in 2014 and the U.S. Department of Justice a year later.\u003c/p>\n\u003cp>Lopez's family filed a federal civil rights lawsuit against Gelhaus and Sonoma County in November 2013. The county had tried to get the suit thrown out, but a federal appeals court ruled in September 2017 that it could \u003ca href=\"https://www.kqed.org/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules\" target=\"_blank\" rel=\"noopener\">proceed to a trial\u003c/a>.\u003c/p>\n\u003cp>Giordano said the case has changed the way his department interacts with the community.\u003c/p>\n\u003cp>\"We needed to be out in the community right away in that event and talking to people and educating people and working with people,\" he said. \"We've really moved in the last five years to truly engaging with the community. We're not just talking to the community; we're listening to the community.\"\u003c/p>\n\u003cp>Giordano repeatedly pointed to the dangers of fake firearms like the one Lopez was carrying when he was killed.\u003c/p>\n\u003cp>\"The reality is our deputy was faced with a weapon that looked like a real weapon, and we can't change that fact,\" he said. \"We reduced smoking by education. I hope at one point we reduce fake guns by education.\"\u003c/p>\n\u003cp>Arnoldo Casillas is an attorney representing Lopez's parents, Sujey Cruz and Rodrigo Lopez. Casillas said the settlement puts an end only to the litigation.\u003c/p>\n\u003cp>\"The pain and the suffering that both Rodrigo and Sujey feel and will always feel isn't going to change and hasn't change,\" Casillas said. \"The settlement itself puts an end to the litigation and it doesn't put an end to the suffering.\"\u003c/p>\n\u003cp>Casillas said Lopez's parents also take comfort in the fact that their son's case has become a precedent in incidents where police officers claim immunity after a fatal shooting. He pointed to the ruling by \u003ca href=\"https://www.kqed.org/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules\">the 9th U.S. Circuit Court of Appeals\u003c/a>, which the U.S. Supreme Court chose not to review on appeal from the county.\u003c/p>\n\u003cp>\"It lays out the law, it lays out the circumstances where a police officer is entitled to immunity and, as in Andy's case, where a police officer is not entitled to immunity,\" he said.\u003c/p>\n\u003cp>Robert Weisberg, a criminal law expert at Stanford Law School, said the case could be a precedent for future cases in the \u003ca href=\"https://www.ca9.uscourts.gov/judicial_council/what_is_the_ninth_circuit.php\" rel=\"noopener\" target=\"_blank\">9th Circuit\u003c/a> \"because it could suggest less deference to police,\" but those cases will still be decided on the specific facts of the case, so it's hard to predict how much impact the Lopez case will have.\u003c/p>\n\u003cp>\"The key to this decision was its effect on this case,\" Weisberg said, and that it portends a \"mildly encouraging but uncertain future for new plaintiffs.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>He also said that while the Supreme Court chose not to review this case, it could review a future case that is similarly favorable to plaintiffs and potentially rule against it, creating a true national precedent.\u003c/p>\n\n","blocks":[],"excerpt":"Lopez was killed after being shot seven times by then-Deputy Erick Gelhaus in 2013, in a case that sparked outrage and multiple investigations.","status":"publish","parent":0,"modified":1545256383,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":675},"headData":{"title":"Sonoma County to Pay $3 Million Settlement in Andy Lopez Shooting | KQED","description":"Lopez was killed after being shot seven times by then-Deputy Erick Gelhaus in 2013, in a case that sparked outrage and multiple investigations.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Sonoma County to Pay $3 Million Settlement in Andy Lopez Shooting","datePublished":"2018-12-18T20:28:49.000Z","dateModified":"2018-12-19T21:53:03.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11713332 https://ww2.kqed.org/news/?p=11713332","disqusUrl":"https://ww2.kqed.org/news/2018/12/18/sonoma-county-to-pay-3-million-settlement-in-andy-lopez-shooting/","disqusTitle":"Sonoma County to Pay $3 Million Settlement in Andy Lopez Shooting","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/12/LeviLopezSettlement.mp3","audioTrackLength":101,"path":"/news/11713332/sonoma-county-to-pay-3-million-settlement-in-andy-lopez-shooting","audioDuration":87000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Wednesday, 1:50 p.m.\u003c/em>\u003c/p>\n\u003cp>The Sonoma County Board of Supervisors on Tuesday settled a federal excessive force lawsuit filed by the family of 13-year-old Andy Lopez, who was fatally shot by a sheriff's deputy in 2013.\u003c/p>\n\u003cp>A county spokeswoman said the $3 million settlement, which the board unanimously approved in a closed-door session, includes legal fees but does not admit liability or fault on behalf of the county.\u003c/p>\n\u003cp>\"A 13-year-old is dead, and the right thing to do for the community to start moving forward was to settle the case,\" said Sonoma County Sheriff Rob Giordano.\u003c/p>\n\u003cp>Lopez was shot seven times on Oct. 22, 2013, by then-Deputy Erick Gelhaus as he walked along Moorland Avenue south of Santa Rosa with a pellet gun that was designed to look like an AK-47 assault rifle. Gelhaus said he believed the rifle was real and that the barrel was raised upward as Lopez turned toward him.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The killing \u003ca href=\"https://www.kqed.org/news/115840/sonoma-county-deputies-kill-13-year-old-carrying-replica-ak-47\" target=\"_blank\" rel=\"noopener\">sparked outrage\u003c/a> from the community, as did Gelhaus' \u003ca href=\"https://www.kqed.org/news/11053590/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old\" target=\"_blank\" rel=\"noopener\">promotion to sergeant\u003c/a> in 2016.\u003c/p>\n\u003cp>It also sparked local and federal investigations into Gelhaus' actions. He was \u003ca href=\"https://www.kqed.org/news/10586864/doj-clears-sheriffs-deputy-in-andy-lopez-death\" target=\"_blank\" rel=\"noopener\">cleared of criminal wrongdoing\u003c/a> by the Sonoma County District Attorney's Office in 2014 and the U.S. Department of Justice a year later.\u003c/p>\n\u003cp>Lopez's family filed a federal civil rights lawsuit against Gelhaus and Sonoma County in November 2013. The county had tried to get the suit thrown out, but a federal appeals court ruled in September 2017 that it could \u003ca href=\"https://www.kqed.org/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules\" target=\"_blank\" rel=\"noopener\">proceed to a trial\u003c/a>.\u003c/p>\n\u003cp>Giordano said the case has changed the way his department interacts with the community.\u003c/p>\n\u003cp>\"We needed to be out in the community right away in that event and talking to people and educating people and working with people,\" he said. \"We've really moved in the last five years to truly engaging with the community. We're not just talking to the community; we're listening to the community.\"\u003c/p>\n\u003cp>Giordano repeatedly pointed to the dangers of fake firearms like the one Lopez was carrying when he was killed.\u003c/p>\n\u003cp>\"The reality is our deputy was faced with a weapon that looked like a real weapon, and we can't change that fact,\" he said. \"We reduced smoking by education. I hope at one point we reduce fake guns by education.\"\u003c/p>\n\u003cp>Arnoldo Casillas is an attorney representing Lopez's parents, Sujey Cruz and Rodrigo Lopez. Casillas said the settlement puts an end only to the litigation.\u003c/p>\n\u003cp>\"The pain and the suffering that both Rodrigo and Sujey feel and will always feel isn't going to change and hasn't change,\" Casillas said. \"The settlement itself puts an end to the litigation and it doesn't put an end to the suffering.\"\u003c/p>\n\u003cp>Casillas said Lopez's parents also take comfort in the fact that their son's case has become a precedent in incidents where police officers claim immunity after a fatal shooting. He pointed to the ruling by \u003ca href=\"https://www.kqed.org/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules\">the 9th U.S. Circuit Court of Appeals\u003c/a>, which the U.S. Supreme Court chose not to review on appeal from the county.\u003c/p>\n\u003cp>\"It lays out the law, it lays out the circumstances where a police officer is entitled to immunity and, as in Andy's case, where a police officer is not entitled to immunity,\" he said.\u003c/p>\n\u003cp>Robert Weisberg, a criminal law expert at Stanford Law School, said the case could be a precedent for future cases in the \u003ca href=\"https://www.ca9.uscourts.gov/judicial_council/what_is_the_ninth_circuit.php\" rel=\"noopener\" target=\"_blank\">9th Circuit\u003c/a> \"because it could suggest less deference to police,\" but those cases will still be decided on the specific facts of the case, so it's hard to predict how much impact the Lopez case will have.\u003c/p>\n\u003cp>\"The key to this decision was its effect on this case,\" Weisberg said, and that it portends a \"mildly encouraging but uncertain future for new plaintiffs.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>He also said that while the Supreme Court chose not to review this case, it could review a future case that is similarly favorable to plaintiffs and potentially rule against it, creating a true national precedent.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11713332/sonoma-county-to-pay-3-million-settlement-in-andy-lopez-shooting","authors":["11260"],"categories":["news_6188","news_8"],"tags":["news_4983","news_5017","news_19542","news_4379","news_4981"],"featImg":"news_11713353","label":"news"},"news_11618652":{"type":"posts","id":"news_11618652","meta":{"index":"posts_1591205157","site":"news","id":"11618652","score":null,"sort":[1506128491000]},"guestAuthors":[],"slug":"jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules","title":"Jury Could Find Deputy Wrongfully Killed 13-Year-Old Andy Lopez, Court Rules","publishDate":1506128491,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A jury could reasonably find that a Sonoma County sheriff's deputy used excessive force when he shot 13-year-old Andy Lopez to death on the outskirts of Santa Rosa nearly four years ago, a federal appellate court ruled Friday. Lopez was holding a realistic-looking toy rifle that resembled an AK-47 when he was fatally shot on Oct. 22, 2013.\u003c/p>\n\u003cp>The majority of a three-judge panel of the U.S. 9th Circuit Court of Appeals denied an attempt by attorneys representing Sgt. Erick Gelhaus and the county to throw out a civil lawsuit filed on behalf of Lopez's family.\u003c/p>\n\u003cp>Viewing disputed facts in a light most favorable to Lopez's family, as is required in order to dismiss a lawsuit before trial, the majority of the panel found \"Gelhaus deployed deadly force while Andy was standing on the sidewalk holding a [toy] gun that was pointed down at the ground. Gelhaus also shot Andy without having warned Andy that such force would be used and without observing any aggressive behavior. ... [A] reasonable jury could find that Gelhaus's use of deadly force was not objectively reasonable.\"\u003cbr>\n[contextly_sidebar id=\"y071KUXmv7OJ47XVmgZa3brsOfTHvEPs\"]\u003cbr>\nThe opinion continues: \"Andy did not pose an immediate threat to law enforcement officials and therefore the law was clearly established at the time of the shooting that Gelhaus's conduct was unconstitutional.\"\u003c/p>\n\u003cp>Gelhaus was cleared of criminal wrongdoing in separate findings by the \u003ca href=\"https://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\" rel=\"noopener noreferrer\">U.S. Department of Justice\u003c/a> and the Sonoma County \u003ca href=\"https://ww2.kqed.org/news/2014/07/07/no-charges-against-deputy-in-shooting-of-santa-rosa-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">District Attorney's Office\u003c/a> in July 2014.\u003c/p>\n\u003cp>The civil rights attorney representing Lopez's family said he was prepared to bring the case to trial in spring 2015.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It gets us out of appellate limbo,\" attorney Arnoldo Casillas said of the 9th Circuit opinion issued Friday. \"They surprised us with this appeal literally months before the trial and we've been in limbo for two years.\"\u003c/p>\n\u003cp>He said the ruling Friday was a \"gift from God\" for Lopez's family.\u003c/p>\n\u003cp>\"They were super emotional about the result and you know justice has been slow, creeping at glacial speed, but slowly, surely it will come,\" Casillas said.\u003c/p>\n\u003cp>Ana Salgado is a Santa Rosa community activist who grew close to Andy Lopez's family after he was shot. She said the 9th Circuit's decision Friday vindicated the family's position.\u003c/p>\n\u003cp>\"That proves that we were right, they were wrong,\" she said. \"That proves when you keep fighting for what is fair, things happen. And we knew it since the beginning, this was so wrong on so many levels.\u003c/p>\n\u003cp>An attorney representing Gelhaus and Sonoma County said his clients were \"disappointed\" in the appellate ruling, and he pointed out that Judge Clifford Wallace dissented from judges Milan Smith and Richard Clifton.\u003c/p>\n\u003cp>The county's legal argument centers on the legal doctrine of \"qualified immunity,\" which shields public officials from civil liability as long as their actions did not violate clearly established constitutional rights. The doctrine is often applied to civil lawsuits over law enforcement use of force.\u003c/p>\n\u003cp>\"Qualified immunity should apply when you have an officer in a life-or-death situation who has to make judgments about whether or not to use deadly force in essentially milliseconds,\" defendant's attorney Noah Blechman said. \"We’re evaluating our options,\" which could include an appeal to the U.S. Supreme Court.\u003c/p>\n\u003cp>The 9th Circuit opinion focuses on whether Lopez raised the toy rifle as he turned toward Gelhaus and his partner, Michael Schemmel.\u003c/p>\n\u003cp>From the 9th Circuit opinion, which cites the district (trial) court's findings:\u003c/p>\n\u003cblockquote>\u003cp>The court expressly found that it \"can conclude on that the rifle barrel was beginning to rise; and given that it started in a position where it was pointed down at the ground, it could have been raised to a slightly-higher level without posing any threat to the officers.\" ... Moreover, one would expect the barrel to rise an inch or so as the momentum of Andy's clockwise turn moved his left arm slightly away from his body. But that incidental movement alone would not compel a jury to conclude that Gelhaus faced imminent danger given the starting position of the gun. Furthermore, this interpretation is bolstered by Gelhaus's admission that the weapon would benignly \"swing somewhat\" with each step that Andy took.\"\u003c/p>\u003c/blockquote>\n\u003cp>During a video-recorded deposition of Gelhaus, the sheriff's sergeant was asked to re-enact Lopez's movements. \"The video depicts the gun in Gelhaus's fully-extended arm and at his side as he turns, consistently pointed straight down towards the ground,\" the appellate ruling says. \"Notably, if the weapon rose in a manner that was objectively threatening, one would think that Gelhaus would be eager to demonstrate the upward motion. Gelhaus's reenactment does not do so.\"\u003c/p>\n\u003cp>\"Like the trial court and the court of appeals said, you can’t shoot somebody,\" Casillas said. \"You call out to somebody, they turn around, they don’t point the gun at you, you can’t shoot.\"\u003c/p>\n\u003cp>He said he expects the case to go to trial at a federal court in Oakland within a year.\u003c/p>\n\u003cp>\u003cem>Read the 9th Circuit majority and dissenting opinions below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4059538-170922-USCA-Opinion-Lopez-v-Gelhaus\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\n","blocks":[],"excerpt":"Opinion allows civil case on behalf of boy's family to proceed to trial, but defendants could still appeal to the U.S. Supreme Court.","status":"publish","parent":0,"modified":1618878000,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":894},"headData":{"title":"Jury Could Find Deputy Wrongfully Killed 13-Year-Old Andy Lopez, Court Rules | KQED","description":"Opinion allows civil case on behalf of boy's family to proceed to trial, but defendants could still appeal to the U.S. Supreme Court.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Jury Could Find Deputy Wrongfully Killed 13-Year-Old Andy Lopez, Court Rules","datePublished":"2017-09-23T01:01:31.000Z","dateModified":"2021-04-20T00:20:00.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11618652 https://ww2.kqed.org/news/?p=11618652","disqusUrl":"https://ww2.kqed.org/news/2017/09/22/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules/","disqusTitle":"Jury Could Find Deputy Wrongfully Killed 13-Year-Old Andy Lopez, Court Rules","templateType":"standard","featuredImageType":"standard","path":"/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A jury could reasonably find that a Sonoma County sheriff's deputy used excessive force when he shot 13-year-old Andy Lopez to death on the outskirts of Santa Rosa nearly four years ago, a federal appellate court ruled Friday. Lopez was holding a realistic-looking toy rifle that resembled an AK-47 when he was fatally shot on Oct. 22, 2013.\u003c/p>\n\u003cp>The majority of a three-judge panel of the U.S. 9th Circuit Court of Appeals denied an attempt by attorneys representing Sgt. Erick Gelhaus and the county to throw out a civil lawsuit filed on behalf of Lopez's family.\u003c/p>\n\u003cp>Viewing disputed facts in a light most favorable to Lopez's family, as is required in order to dismiss a lawsuit before trial, the majority of the panel found \"Gelhaus deployed deadly force while Andy was standing on the sidewalk holding a [toy] gun that was pointed down at the ground. Gelhaus also shot Andy without having warned Andy that such force would be used and without observing any aggressive behavior. ... [A] reasonable jury could find that Gelhaus's use of deadly force was not objectively reasonable.\"\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nThe opinion continues: \"Andy did not pose an immediate threat to law enforcement officials and therefore the law was clearly established at the time of the shooting that Gelhaus's conduct was unconstitutional.\"\u003c/p>\n\u003cp>Gelhaus was cleared of criminal wrongdoing in separate findings by the \u003ca href=\"https://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\" rel=\"noopener noreferrer\">U.S. Department of Justice\u003c/a> and the Sonoma County \u003ca href=\"https://ww2.kqed.org/news/2014/07/07/no-charges-against-deputy-in-shooting-of-santa-rosa-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">District Attorney's Office\u003c/a> in July 2014.\u003c/p>\n\u003cp>The civil rights attorney representing Lopez's family said he was prepared to bring the case to trial in spring 2015.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It gets us out of appellate limbo,\" attorney Arnoldo Casillas said of the 9th Circuit opinion issued Friday. \"They surprised us with this appeal literally months before the trial and we've been in limbo for two years.\"\u003c/p>\n\u003cp>He said the ruling Friday was a \"gift from God\" for Lopez's family.\u003c/p>\n\u003cp>\"They were super emotional about the result and you know justice has been slow, creeping at glacial speed, but slowly, surely it will come,\" Casillas said.\u003c/p>\n\u003cp>Ana Salgado is a Santa Rosa community activist who grew close to Andy Lopez's family after he was shot. She said the 9th Circuit's decision Friday vindicated the family's position.\u003c/p>\n\u003cp>\"That proves that we were right, they were wrong,\" she said. \"That proves when you keep fighting for what is fair, things happen. And we knew it since the beginning, this was so wrong on so many levels.\u003c/p>\n\u003cp>An attorney representing Gelhaus and Sonoma County said his clients were \"disappointed\" in the appellate ruling, and he pointed out that Judge Clifford Wallace dissented from judges Milan Smith and Richard Clifton.\u003c/p>\n\u003cp>The county's legal argument centers on the legal doctrine of \"qualified immunity,\" which shields public officials from civil liability as long as their actions did not violate clearly established constitutional rights. The doctrine is often applied to civil lawsuits over law enforcement use of force.\u003c/p>\n\u003cp>\"Qualified immunity should apply when you have an officer in a life-or-death situation who has to make judgments about whether or not to use deadly force in essentially milliseconds,\" defendant's attorney Noah Blechman said. \"We’re evaluating our options,\" which could include an appeal to the U.S. Supreme Court.\u003c/p>\n\u003cp>The 9th Circuit opinion focuses on whether Lopez raised the toy rifle as he turned toward Gelhaus and his partner, Michael Schemmel.\u003c/p>\n\u003cp>From the 9th Circuit opinion, which cites the district (trial) court's findings:\u003c/p>\n\u003cblockquote>\u003cp>The court expressly found that it \"can conclude on that the rifle barrel was beginning to rise; and given that it started in a position where it was pointed down at the ground, it could have been raised to a slightly-higher level without posing any threat to the officers.\" ... Moreover, one would expect the barrel to rise an inch or so as the momentum of Andy's clockwise turn moved his left arm slightly away from his body. But that incidental movement alone would not compel a jury to conclude that Gelhaus faced imminent danger given the starting position of the gun. Furthermore, this interpretation is bolstered by Gelhaus's admission that the weapon would benignly \"swing somewhat\" with each step that Andy took.\"\u003c/p>\u003c/blockquote>\n\u003cp>During a video-recorded deposition of Gelhaus, the sheriff's sergeant was asked to re-enact Lopez's movements. \"The video depicts the gun in Gelhaus's fully-extended arm and at his side as he turns, consistently pointed straight down towards the ground,\" the appellate ruling says. \"Notably, if the weapon rose in a manner that was objectively threatening, one would think that Gelhaus would be eager to demonstrate the upward motion. Gelhaus's reenactment does not do so.\"\u003c/p>\n\u003cp>\"Like the trial court and the court of appeals said, you can’t shoot somebody,\" Casillas said. \"You call out to somebody, they turn around, they don’t point the gun at you, you can’t shoot.\"\u003c/p>\n\u003cp>He said he expects the case to go to trial at a federal court in Oakland within a year.\u003c/p>\n\u003cp>\u003cem>Read the 9th Circuit majority and dissenting opinions below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/4059538-170922-USCA-Opinion-Lopez-v-Gelhaus","notes":"true","text":"true","search":"true","sidebar":"true","pdf":"true","responsive":"true","page":"1","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules","authors":["3206"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8"],"tags":["news_4983","news_5017","news_20038","news_4982","news_17286"],"featImg":"news_11618733","label":"news_72"},"news_11066167":{"type":"posts","id":"news_11066167","meta":{"index":"posts_1591205157","site":"news","id":"11066167","score":null,"sort":[1472746972000]},"guestAuthors":[],"slug":"veterans-supporters-defend-sonoma-sergeant-who-killed-andy-lopez","title":"Veterans, Supporters Defend Sonoma Sergeant Who Killed Andy Lopez","publishDate":1472746972,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>A group of U.S. Army veterans and other supporters of Sonoma County Sheriff's Sgt. Erick Gelhaus have launched a campaign defending the reputation of the recently promoted deputy, who was cleared of criminal and civil rights violations by local and \u003ca href=\"http://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\">federal\u003c/a> investigations of his fatal shooting of 13-year-old Andy Lopez in October 2013.\u003c/p>\n\u003cp>The shooting on the outskirts of Santa Rosa sparked large protests and galvanized Latinos and other residents who believe Lopez's death was unjustified. Gelhaus' colleagues in the Sheriff's Department and other supporters say the case still haunts the officer, who has endured scrutiny, criticism and resentment since Lopez's death.\u003c/p>\n\u003cp>\"For people to continue beating Erick up and call him vile things on the basis of a worst-case-scenario decision is just completely unfair,\" said Robert Parry, Gelhaus' former platoon leader in Baghdad in 2005 and spokesman for the campaign \"Stand With Erick.\" It's a project of Parry's Cop PRotect, which offers reputation protection for law enforcement officers against a \"growing anti-cop industry,\" according to the firm's \u003ca href=\"https://www.copprotect.com/reputation-protection\" target=\"_blank\">website\u003c/a>.\u003c/p>\n\u003cp>Parry hopes to raise $15,000 through an \u003ca href=\"http://www.standwitherick.org/\" target=\"_blank\">online campaign\u003c/a> to \"help educate the public about Erick and the truth about his incident.\" He had collected $650 in donations as of Sept. 1.\u003c/p>\n\u003cp>The campaign comes amid backlash over Sheriff Steve Freitas' decision to \u003ca href=\"https://ww2.kqed.org/news/2016/08/04/sonoma-county-sheriff-promotes-deputy-who-shot-andy-lopez/\" target=\"_blank\">promote Gelhaus to sergeant\u003c/a> in May and increasing scrutiny of law enforcement agencies nationwide, sparked by videos of police-involved shootings of unarmed people.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>After KQED first reported Gelhaus' promotion last month, dozens of protesters \u003ca href=\"https://ww2.kqed.org/news/2016/08/18/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old/\" target=\"_blank\">renewed calls\u003c/a> for him to be put on a desk job, transferred or fired.\u003c/p>\n\u003cp>Gelhaus' promotion is final, according to the sheriff's office. Freitas believes the officer is \"clearly deserving\" of the promotion to supervisor, given his 26 years in law enforcement and awards for service, such as the office's medal of valor for pulling a suspect from a burning car, said Sgt. Spencer Crum.\u003c/p>\n\u003cp>In his new role, Gelhaus supervises eight to 10 deputies on a given shift.\u003c/p>\n\u003cp>In 2014, members of a county task force to improve police-community relations after Lopez's death urged Freitas to \u003ca href=\"http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force/Interim-Recommendation-October-2014/\" target=\"_blank\">consider removing\u003c/a> Gelhaus from street patrol due to public concerns.\u003c/p>\n\u003cp>Freitas responded that there were no legal reasons to keep Gelhaus from patrol duty as he was cleared of any criminal wrongdoing by the Sonoma County district attorney, and an internal investigation had also determined the officer did not violate any sheriff's office policies.\u003c/p>\n\u003cp>\"The Sheriff's Office and I have received literally hundreds of calls, letters of support, and personal interactions with the public that expressed support for Deputy Gelhaus' return to patrol duty,\" Freitas' \u003ca href=\"http://sonomacounty.ca.gov/_templates_portal/NewsDetail.aspx?id=2147499758\" target=\"_blank\">written response\u003c/a> says. \"This includes neighborhoods throughout the entire County. As Sheriff I am elected by the County as a whole and must balance needs for all citizens.\"\u003c/p>\n\u003cp>\u003cstrong>Gelhaus Cleared After Investigation\u003c/strong>\u003c/p>\n\u003cp>To Parry, Lopez's death on the afternoon of Oct. 22, 2013, \"was a terrible thing.\" But he said other officers would have reacted in a similar way, given the circumstances.\u003c/p>\n\u003cp>According to the county district attorney's \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">report\u003c/a>, the whole incident -- from the time Gelhaus spotted Lopez and called for backup to reports of shots being fired -- lasted about 19 seconds. As Lopez was walking away from sheriff's deputies, Gelhaus, an experienced firearms instructor, believed that the teen's replica gun was real and called out to Lopez to drop the gun.\u003c/p>\n\u003cp>Both officers told investigators that Lopez still held the perceived weapon as he began to turn around, and \"the barrel, which had been pointed down, began to ascend,\" according to the report. That's when Gelhaus began to fire. He shot Lopez seven times, and the teen died at the scene.\u003c/p>\n\u003cp>The district attorney's report concludes that no charges against Gelhaus were warranted because, given his training and experience, the officer believed he was faced with a \"'do or die dilemma.\"\u003c/p>\n\u003cp>\"You can bring a rifle from down to shooting in less than a second,\" said Parry. \"So when does Erick Gelhaus get to make a decision on whether he’s going to live and die? Does he have to listen to the first round go by his head, hope it doesn’t hit him square in the forehead? When does he get to defend himself from somebody raising a rifle at him?\"\u003c/p>\n\u003cp>\u003cstrong>Critics Question Promotion, Efficacy of Investigations\u003c/strong>\u003c/p>\n\u003cp>Susan Lamont, from the Justice Coalition for Andy Lopez, said her group also presented the sheriff with a petition with over 2,500 signatures calling for Gelhaus to be removed from patrol. She is not surprised that fellow veterans support Gelhaus.\u003c/p>\n\u003cp>\"They act as though killing 'just one person' makes it all OK -- certainly a leniency they don't grant to others\" outside of law enforcement, said Lamont. \"They say no complaints have been sustained against him. But complaints are almost never sustained against officers, no matter what they do.\"\u003c/p>\n\u003cp>Others say the officer pulled his weapon hastily in his encounter with Lopez, and that it wasn't the first time. Santa Rosa resident Jeffrey Westbrook alleges that during a 2013 traffic stop, Gelhaus pointed a gun at him and a passenger in his car without reasonable cause.\u003c/p>\n\u003cp>\"I felt very victimized, disrespected,\" said Westbrook, who had been driving to work at an IT company. \"The man from the minute he pulled us over had no dialogue with us, didn't explain why we're pulled over. He was just in haste to pull his weapon out.\"\u003c/p>\n\u003cp>Westbrook filed a complaint with the Sheriff’s Office and disputed the ticket Gelhaus gave him — for an allegedly unsafe lane change.\u003c/p>\n\u003cp>While a Sonoma County Superior Court judge threw the ticket out, the sheriff’s internal affairs unit found Westbrook's complaint unfounded. Westbrook said he has little confidence the investigation was unbiased.\u003c/p>\n\u003cp>\"It's just sheriffs investigating sheriffs,\" he said.\u003c/p>\n\u003cp>In California, law enforcement agencies\u003ca href=\"https://oag.ca.gov/government/about\" target=\"_blank\"> are required\u003c/a> to have a procedure to investigate citizens' complaints. But the state has some of the most restrictive laws in the U.S., which prevent the public from accessing a law enforcement officers' personnel records, according to an \u003ca href=\"http://www.wnyc.org/story/police-misconduct-records/\" target=\"_blank\">investigation by WNYC Public Radio\u003c/a>.\u003c/p>\n\u003cp>Recent bills seeking to open up police misconduct records in some of the most egregious cases have failed, including \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1286\" target=\"_blank\">SB 1286\u003c/a> by state Sen. Mark Leno (D-San Francisco), which died in committee in May.\u003c/p>\n\u003cp>That leaves people who seek greater accountability and transparency for their law enforcement agencies \"nibbling at the edges,\" said Lamont.\u003c/p>\n\u003cp>\"We certainly need legal changes because law enforcement here in California have been working for decades to protect law enforcement from any oversight by citizens or even the rest of the government and to keep their records secret,\" she said.\u003c/p>\n\u003cp>\u003cstrong>New Office Reviews Investigations of Complaints\u003c/strong>\u003c/p>\n\u003cp>In an effort to increase public trust, the county hired a civilian auditor to review the sheriff's investigations of the public's complaints against officers. It was set up as a direct result of nearly two years of community meetings after Lopez's death.\u003c/p>\n\u003cp>Members of the public can now submit their complaints at the more neutral \u003ca href=\"http://sonomacounty.ca.gov/IOLERO/\" target=\"_blank\">Independent Office of Law Enforcement Review and Outreach\u003c/a> instead of at the sheriff's department, said Jerry Threet, who began working as the office's first director in April.\u003c/p>\n\u003cp>Threet said he will be able to watch investigations as they unfold, and have access to body-cam videos, recordings of interviews with witnesses and documents to determine whether his office agrees with the findings or not.\u003c/p>\n\u003cp>Threet can’t require the sheriff to discipline deputies, and lacks the power to conduct a separate investigation of alleged officer misconduct. But he said his office, which is also recruiting a civilian advisory board to give input to the sheriff's office about its policies, is an important step to improve what he called a \"breakdown of trust between law enforcement and the community.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"Sheriffs can't do effective policing unless they have cooperation from the communities that they're working with,\" Threet said.\u003c/p>\n\n","blocks":[],"excerpt":"'Stand With Erick' campaign comes amid backlash over deputy's promotion to sergeant.","status":"publish","parent":0,"modified":1472767111,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":37,"wordCount":1416},"headData":{"title":"Veterans, Supporters Defend Sonoma Sergeant Who Killed Andy Lopez | KQED","description":"'Stand With Erick' campaign comes amid backlash over deputy's promotion to sergeant.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Veterans, Supporters Defend Sonoma Sergeant Who Killed Andy Lopez","datePublished":"2016-09-01T16:22:52.000Z","dateModified":"2016-09-01T21:58:31.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11066167 http://ww2.kqed.org/news/?p=11066167","disqusUrl":"https://ww2.kqed.org/news/2016/09/01/veterans-supporters-defend-sonoma-sergeant-who-killed-andy-lopez/","disqusTitle":"Veterans, Supporters Defend Sonoma Sergeant Who Killed Andy Lopez","nprStoryId":"492255075","path":"/news/11066167/veterans-supporters-defend-sonoma-sergeant-who-killed-andy-lopez","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A group of U.S. Army veterans and other supporters of Sonoma County Sheriff's Sgt. Erick Gelhaus have launched a campaign defending the reputation of the recently promoted deputy, who was cleared of criminal and civil rights violations by local and \u003ca href=\"http://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\">federal\u003c/a> investigations of his fatal shooting of 13-year-old Andy Lopez in October 2013.\u003c/p>\n\u003cp>The shooting on the outskirts of Santa Rosa sparked large protests and galvanized Latinos and other residents who believe Lopez's death was unjustified. Gelhaus' colleagues in the Sheriff's Department and other supporters say the case still haunts the officer, who has endured scrutiny, criticism and resentment since Lopez's death.\u003c/p>\n\u003cp>\"For people to continue beating Erick up and call him vile things on the basis of a worst-case-scenario decision is just completely unfair,\" said Robert Parry, Gelhaus' former platoon leader in Baghdad in 2005 and spokesman for the campaign \"Stand With Erick.\" It's a project of Parry's Cop PRotect, which offers reputation protection for law enforcement officers against a \"growing anti-cop industry,\" according to the firm's \u003ca href=\"https://www.copprotect.com/reputation-protection\" target=\"_blank\">website\u003c/a>.\u003c/p>\n\u003cp>Parry hopes to raise $15,000 through an \u003ca href=\"http://www.standwitherick.org/\" target=\"_blank\">online campaign\u003c/a> to \"help educate the public about Erick and the truth about his incident.\" He had collected $650 in donations as of Sept. 1.\u003c/p>\n\u003cp>The campaign comes amid backlash over Sheriff Steve Freitas' decision to \u003ca href=\"https://ww2.kqed.org/news/2016/08/04/sonoma-county-sheriff-promotes-deputy-who-shot-andy-lopez/\" target=\"_blank\">promote Gelhaus to sergeant\u003c/a> in May and increasing scrutiny of law enforcement agencies nationwide, sparked by videos of police-involved shootings of unarmed people.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After KQED first reported Gelhaus' promotion last month, dozens of protesters \u003ca href=\"https://ww2.kqed.org/news/2016/08/18/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old/\" target=\"_blank\">renewed calls\u003c/a> for him to be put on a desk job, transferred or fired.\u003c/p>\n\u003cp>Gelhaus' promotion is final, according to the sheriff's office. Freitas believes the officer is \"clearly deserving\" of the promotion to supervisor, given his 26 years in law enforcement and awards for service, such as the office's medal of valor for pulling a suspect from a burning car, said Sgt. Spencer Crum.\u003c/p>\n\u003cp>In his new role, Gelhaus supervises eight to 10 deputies on a given shift.\u003c/p>\n\u003cp>In 2014, members of a county task force to improve police-community relations after Lopez's death urged Freitas to \u003ca href=\"http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force/Interim-Recommendation-October-2014/\" target=\"_blank\">consider removing\u003c/a> Gelhaus from street patrol due to public concerns.\u003c/p>\n\u003cp>Freitas responded that there were no legal reasons to keep Gelhaus from patrol duty as he was cleared of any criminal wrongdoing by the Sonoma County district attorney, and an internal investigation had also determined the officer did not violate any sheriff's office policies.\u003c/p>\n\u003cp>\"The Sheriff's Office and I have received literally hundreds of calls, letters of support, and personal interactions with the public that expressed support for Deputy Gelhaus' return to patrol duty,\" Freitas' \u003ca href=\"http://sonomacounty.ca.gov/_templates_portal/NewsDetail.aspx?id=2147499758\" target=\"_blank\">written response\u003c/a> says. \"This includes neighborhoods throughout the entire County. As Sheriff I am elected by the County as a whole and must balance needs for all citizens.\"\u003c/p>\n\u003cp>\u003cstrong>Gelhaus Cleared After Investigation\u003c/strong>\u003c/p>\n\u003cp>To Parry, Lopez's death on the afternoon of Oct. 22, 2013, \"was a terrible thing.\" But he said other officers would have reacted in a similar way, given the circumstances.\u003c/p>\n\u003cp>According to the county district attorney's \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">report\u003c/a>, the whole incident -- from the time Gelhaus spotted Lopez and called for backup to reports of shots being fired -- lasted about 19 seconds. As Lopez was walking away from sheriff's deputies, Gelhaus, an experienced firearms instructor, believed that the teen's replica gun was real and called out to Lopez to drop the gun.\u003c/p>\n\u003cp>Both officers told investigators that Lopez still held the perceived weapon as he began to turn around, and \"the barrel, which had been pointed down, began to ascend,\" according to the report. That's when Gelhaus began to fire. He shot Lopez seven times, and the teen died at the scene.\u003c/p>\n\u003cp>The district attorney's report concludes that no charges against Gelhaus were warranted because, given his training and experience, the officer believed he was faced with a \"'do or die dilemma.\"\u003c/p>\n\u003cp>\"You can bring a rifle from down to shooting in less than a second,\" said Parry. \"So when does Erick Gelhaus get to make a decision on whether he’s going to live and die? Does he have to listen to the first round go by his head, hope it doesn’t hit him square in the forehead? When does he get to defend himself from somebody raising a rifle at him?\"\u003c/p>\n\u003cp>\u003cstrong>Critics Question Promotion, Efficacy of Investigations\u003c/strong>\u003c/p>\n\u003cp>Susan Lamont, from the Justice Coalition for Andy Lopez, said her group also presented the sheriff with a petition with over 2,500 signatures calling for Gelhaus to be removed from patrol. She is not surprised that fellow veterans support Gelhaus.\u003c/p>\n\u003cp>\"They act as though killing 'just one person' makes it all OK -- certainly a leniency they don't grant to others\" outside of law enforcement, said Lamont. \"They say no complaints have been sustained against him. But complaints are almost never sustained against officers, no matter what they do.\"\u003c/p>\n\u003cp>Others say the officer pulled his weapon hastily in his encounter with Lopez, and that it wasn't the first time. Santa Rosa resident Jeffrey Westbrook alleges that during a 2013 traffic stop, Gelhaus pointed a gun at him and a passenger in his car without reasonable cause.\u003c/p>\n\u003cp>\"I felt very victimized, disrespected,\" said Westbrook, who had been driving to work at an IT company. \"The man from the minute he pulled us over had no dialogue with us, didn't explain why we're pulled over. He was just in haste to pull his weapon out.\"\u003c/p>\n\u003cp>Westbrook filed a complaint with the Sheriff’s Office and disputed the ticket Gelhaus gave him — for an allegedly unsafe lane change.\u003c/p>\n\u003cp>While a Sonoma County Superior Court judge threw the ticket out, the sheriff’s internal affairs unit found Westbrook's complaint unfounded. Westbrook said he has little confidence the investigation was unbiased.\u003c/p>\n\u003cp>\"It's just sheriffs investigating sheriffs,\" he said.\u003c/p>\n\u003cp>In California, law enforcement agencies\u003ca href=\"https://oag.ca.gov/government/about\" target=\"_blank\"> are required\u003c/a> to have a procedure to investigate citizens' complaints. But the state has some of the most restrictive laws in the U.S., which prevent the public from accessing a law enforcement officers' personnel records, according to an \u003ca href=\"http://www.wnyc.org/story/police-misconduct-records/\" target=\"_blank\">investigation by WNYC Public Radio\u003c/a>.\u003c/p>\n\u003cp>Recent bills seeking to open up police misconduct records in some of the most egregious cases have failed, including \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1286\" target=\"_blank\">SB 1286\u003c/a> by state Sen. Mark Leno (D-San Francisco), which died in committee in May.\u003c/p>\n\u003cp>That leaves people who seek greater accountability and transparency for their law enforcement agencies \"nibbling at the edges,\" said Lamont.\u003c/p>\n\u003cp>\"We certainly need legal changes because law enforcement here in California have been working for decades to protect law enforcement from any oversight by citizens or even the rest of the government and to keep their records secret,\" she said.\u003c/p>\n\u003cp>\u003cstrong>New Office Reviews Investigations of Complaints\u003c/strong>\u003c/p>\n\u003cp>In an effort to increase public trust, the county hired a civilian auditor to review the sheriff's investigations of the public's complaints against officers. It was set up as a direct result of nearly two years of community meetings after Lopez's death.\u003c/p>\n\u003cp>Members of the public can now submit their complaints at the more neutral \u003ca href=\"http://sonomacounty.ca.gov/IOLERO/\" target=\"_blank\">Independent Office of Law Enforcement Review and Outreach\u003c/a> instead of at the sheriff's department, said Jerry Threet, who began working as the office's first director in April.\u003c/p>\n\u003cp>Threet said he will be able to watch investigations as they unfold, and have access to body-cam videos, recordings of interviews with witnesses and documents to determine whether his office agrees with the findings or not.\u003c/p>\n\u003cp>Threet can’t require the sheriff to discipline deputies, and lacks the power to conduct a separate investigation of alleged officer misconduct. But he said his office, which is also recruiting a civilian advisory board to give input to the sheriff's office about its policies, is an important step to improve what he called a \"breakdown of trust between law enforcement and the community.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Sheriffs can't do effective policing unless they have cooperation from the communities that they're working with,\" Threet said.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11066167/veterans-supporters-defend-sonoma-sergeant-who-killed-andy-lopez","authors":["8659"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_4983","news_5017","news_4981"],"featImg":"news_11067642","label":"news_6944"},"news_10586864":{"type":"posts","id":"news_10586864","meta":{"index":"posts_1591205157","site":"news","id":"10586864","score":null,"sort":[1435952085000]},"guestAuthors":[],"slug":"doj-clears-sheriffs-deputy-in-andy-lopez-death","title":"DOJ Clears Sheriff's Deputy in Death of Andy Lopez","publishDate":1435952085,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>The U.S. Department of Justice won’t file criminal charges against Sonoma County Sheriff’s Deputy \u003ca href=\"http://ww2.kqed.org/news/2013/10/28/deputy_santa_rosa_+andy_lopez\" target=\"_blank\">Erick Gelhaus\u003c/a>, who fatally shot 13-year-old Andy Lopez in 2013, the \u003ca href=\"https://local.nixle.com/alert/5445405/\" target=\"_blank\">sheriff's department said\u003c/a> on Wednesday.\u003c/p>\n\u003cp>\"The FBI investigation, which was reviewed by the United States Department of Justice, concluded that there were no federal civil rights violations,\" the Sonoma sheriff's department wrote in a statement. \"The Sheriff reaffirms his support and confidence in Deputy Gelhaus and the work done by the men and women of the Sheriff’s Office to provide public safety services to the citizens of Sonoma County.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"IIbMyhpy8slfF7vjYzIxrEnDn3ImPteR\"]The Justice Department said its investigation turned up \"insufficient evidence\" to charge Gelhaus with federal civil rights violations, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4145392-181/fbi-finds-no-civil-rights\" target=\"_blank\">Santa Rosa Press Democrat\u003c/a>. Gelhaus fired eight rounds at Lopez, who was holding a replica AK-47 rifle. Lopez was hit by seven of the bullets.\u003c/p>\n\u003cp>Supporters of Lopez’s family say they’re disappointed but not surprised.\u003c/p>\n\u003cp>\"We’re not going to get real justice in this case,\" said Santa Rosa Attorney Izaak Schwaiger. \"We won’t. We won’t. There’s a child who is dead. And regardless of your political affiliations or where you stand, that’s a tragedy at best and it’s murder at worst.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The shooting occurred in Santa Rosa on Oct 22, 2013. Gelhaus and a deputy-in-training pulled up behind Lopez in their patrol car, and according to a Sonoma County District Attorney's report, called for backup, took cover behind open car doors, and twice warned Lopez to put his gun down -- all within 10 seconds. Gelhaus told investigators he opened fire because Lopez turned toward him, raising the replica gun's barrel in his direction. Seven of the eight bullets Gelhaus fired hit the teenager. The second deputy did not discharge his weapon.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/\" target=\"_blank\">Protests \u003c/a>ensued both after the shooting and when the DA cleared Gelhaus of wrongdoing in July 2014. The \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">52-page report \u003c/a>issued by District Attorney Jill Ravitch concluded: \"Deputy Gelhaus was faced with a highly unpredictable and rapidly evolving situation. Given his training and experience, he believed, honestly and reasonably, that he was faced with a' do or die' dilemma; wait for the subject to fire what he believed was a deadly weapon ... or fire his weapon when the threat was turned toward him.\"\u003c/p>\n\u003cp>Gelhaus \u003ca href=\"http://www.pressdemocrat.com/home/2530400-181/deputy-in-andy-lopez-shooting\">returned to patrolling the streets\u003c/a> in August, to the \u003ca href=\"http://www.petaluma360.com/home/2873760-181/lopez-task-force-take-gelhaus\" target=\"_blank\">consternation\u003c/a> of some in the community.\u003c/p>\n\u003cp>In 2013, Lopez's parents \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-santa-rosa-suit-20131104-story.html\" target=\"_blank\">filed a civil rights lawsuit\u003c/a> against Sonoma County, scheduled to go to trial in April 2016, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4149545-181/justice-department-review-of-andy\" target=\"_blank\">Press Democrat.\u003c/a>\u003c/p>\n\u003cp>The incident prompted California to pass a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB199\" target=\"_blank\">law\u003c/a> requiring that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons. An orange tip meant to identify toy guns had broken off Lopez's replica weapon, his friends told investigators.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Peter Jon Shuler, Dan Brekke and Associated Press contributed to this report.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Sonoma County Sheriff’s Deputy Erick Gelhaus fatally shot 13-year-old Andy Lopez in Santa Rosa in 2013","status":"publish","parent":0,"modified":1468013150,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":513},"headData":{"title":"DOJ Clears Sheriff's Deputy in Death of Andy Lopez | KQED","description":"Sonoma County Sheriff’s Deputy Erick Gelhaus fatally shot 13-year-old Andy Lopez in Santa Rosa in 2013","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"DOJ Clears Sheriff's Deputy in Death of Andy Lopez","datePublished":"2015-07-03T19:34:45.000Z","dateModified":"2016-07-08T21:25:50.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10586864 http://ww2.kqed.org/news/?p=10586864","disqusUrl":"https://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/","disqusTitle":"DOJ Clears Sheriff's Deputy in Death of Andy Lopez","path":"/news/10586864/doj-clears-sheriffs-deputy-in-andy-lopez-death","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Department of Justice won’t file criminal charges against Sonoma County Sheriff’s Deputy \u003ca href=\"http://ww2.kqed.org/news/2013/10/28/deputy_santa_rosa_+andy_lopez\" target=\"_blank\">Erick Gelhaus\u003c/a>, who fatally shot 13-year-old Andy Lopez in 2013, the \u003ca href=\"https://local.nixle.com/alert/5445405/\" target=\"_blank\">sheriff's department said\u003c/a> on Wednesday.\u003c/p>\n\u003cp>\"The FBI investigation, which was reviewed by the United States Department of Justice, concluded that there were no federal civil rights violations,\" the Sonoma sheriff's department wrote in a statement. \"The Sheriff reaffirms his support and confidence in Deputy Gelhaus and the work done by the men and women of the Sheriff’s Office to provide public safety services to the citizens of Sonoma County.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>The Justice Department said its investigation turned up \"insufficient evidence\" to charge Gelhaus with federal civil rights violations, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4145392-181/fbi-finds-no-civil-rights\" target=\"_blank\">Santa Rosa Press Democrat\u003c/a>. Gelhaus fired eight rounds at Lopez, who was holding a replica AK-47 rifle. Lopez was hit by seven of the bullets.\u003c/p>\n\u003cp>Supporters of Lopez’s family say they’re disappointed but not surprised.\u003c/p>\n\u003cp>\"We’re not going to get real justice in this case,\" said Santa Rosa Attorney Izaak Schwaiger. \"We won’t. We won’t. There’s a child who is dead. And regardless of your political affiliations or where you stand, that’s a tragedy at best and it’s murder at worst.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The shooting occurred in Santa Rosa on Oct 22, 2013. Gelhaus and a deputy-in-training pulled up behind Lopez in their patrol car, and according to a Sonoma County District Attorney's report, called for backup, took cover behind open car doors, and twice warned Lopez to put his gun down -- all within 10 seconds. Gelhaus told investigators he opened fire because Lopez turned toward him, raising the replica gun's barrel in his direction. Seven of the eight bullets Gelhaus fired hit the teenager. The second deputy did not discharge his weapon.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/\" target=\"_blank\">Protests \u003c/a>ensued both after the shooting and when the DA cleared Gelhaus of wrongdoing in July 2014. The \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">52-page report \u003c/a>issued by District Attorney Jill Ravitch concluded: \"Deputy Gelhaus was faced with a highly unpredictable and rapidly evolving situation. Given his training and experience, he believed, honestly and reasonably, that he was faced with a' do or die' dilemma; wait for the subject to fire what he believed was a deadly weapon ... or fire his weapon when the threat was turned toward him.\"\u003c/p>\n\u003cp>Gelhaus \u003ca href=\"http://www.pressdemocrat.com/home/2530400-181/deputy-in-andy-lopez-shooting\">returned to patrolling the streets\u003c/a> in August, to the \u003ca href=\"http://www.petaluma360.com/home/2873760-181/lopez-task-force-take-gelhaus\" target=\"_blank\">consternation\u003c/a> of some in the community.\u003c/p>\n\u003cp>In 2013, Lopez's parents \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-santa-rosa-suit-20131104-story.html\" target=\"_blank\">filed a civil rights lawsuit\u003c/a> against Sonoma County, scheduled to go to trial in April 2016, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4149545-181/justice-department-review-of-andy\" target=\"_blank\">Press Democrat.\u003c/a>\u003c/p>\n\u003cp>The incident prompted California to pass a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB199\" target=\"_blank\">law\u003c/a> requiring that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons. An orange tip meant to identify toy guns had broken off Lopez's replica weapon, his friends told investigators.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Peter Jon Shuler, Dan Brekke and Associated Press contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10586864/doj-clears-sheriffs-deputy-in-andy-lopez-death","authors":["80"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_4983","news_5017"],"featImg":"news_10586970","label":"news_6944"},"news_141238":{"type":"posts","id":"news_141238","meta":{"index":"posts_1591205157","site":"news","id":"141238","score":null,"sort":[1404770437000]},"guestAuthors":[],"slug":"no-charges-against-deputy-in-shooting-of-santa-rosa-teenager","title":"No Charges Against Deputy in Shooting of Santa Rosa Teenager","publishDate":1404770437,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cdiv class=\"single-video\">[youtube http://www.youtube.com/watch?v=NOKdwme6Ghg?rel=0&w=640&h=360]\u003c/div>\n\u003cp>\u003cspan style=\"font-size: .6em;float: left\">Above: In May video, community members called for continued peaceful response to Andy Lopez case.\u003c/span>\u003cbr>\nThe Sonoma County District Attorney's Office will not file criminal charges against a sheriff's deputy who shot and killed a 13-year-old boy carrying a realistic-looking toy assault rifle.\u003c/p>\n\u003cp>Last October's shooting of Andy Lopez by sheriff's Deputy Erick Gelhaus touched off a series of protest marches in Santa Rosa, in which the community's Latino community accused police of a history of excessive force and lack of accountability. Activists, through a May video (see above) and social media, have called for the community response to remain peaceful.\u003c/p>\n\u003cp>District Attorney Jill Ravitch told reporters at a press conference in Santa Rosa that Gelhaus “fired his weapon in response to what he honestly and reasonably believed was an imminent threat of death to himself or others. As such, he was lawfully acting in defense of himself or others, and no basis for seeking criminal charges exists.\"\u003c/p>\n\u003cp>In an extended statement, Ravitch recounted the events that led to the Lopez shooting on Oct. 22.\u003c/p>\n\u003cp>Those events unfolded rapidly after Gelhaus and another sheriff's deputy, on routine patrol, spotted the teenager as he walked in a residential neighborhood on the southern edge of Santa Rosa. Lopez was carrying a replica AK-47 that Gelhaus told investigators he believed was a real firearm.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gelhaus alerted dispatchers while his partner pulled up in a marked patrol car behind the teenager. Gelhaus got out of the vehicle, drew his semiautomatic service weapon, and ordered Lopez to put down his weapon. Gelhaus told investigators he opened fire when Lopez began to turn toward him — firing eight shots and hitting Lopez seven times. Gelhaus's partner was assuming a firing position but did not fire any shots during the encounter.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">A timeline of the episode\u003c/a> released a few days after the shooting showed that just 10 seconds elapsed between the time the deputies alerted a dispatcher about a suspicious person and their call that shots had been fired.\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/157743312&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\u003cp>In the account she delivered today and included in a 52-page report (\u003ca href=\"#andylopezreport\">embedded below\u003c/a>). Ravitch said her office will release, the district attorney amended that timeline somewhat. She said that 19 seconds elapsed between the time Gelhaus and his partner radioed an urgent call for assistance and their broadcast that shots had been fired.\u003c/p>\n\u003cp>In answering a reporter's question about whether Gelhaus reacted reasonably in firing eight shots at Lopez, Ravitch said investigators had talked to the deputy \"about when he began to shoot and when he stopped shooting, and we established that when there no longer was a threat, the shooting stopped. It's worth pointing out that the deputy had 18 rounds in his weapon and only eight were expended.\"\u003c/p>\n\u003cp>Ravitch mentioned several times during her appearance that an outside expert had determined that Gelhaus's semiautomatic pistol was capable of firing eight rounds in two seconds.\u003c/p>\n\u003cp>In November, \u003ca href=\"http://ww2.kqed.org/news/2013/11/05/andy-lopez-protests-continue-with-appeal-to-district-attorney\" target=\"_blank\">Lopez's parents filed suit against Gelhaus and Sonoma County\u003c/a>, alleging that the killing was “a senseless and unwarranted act of police abuse.” That suit has been on hold pending the outcome of the district attorney's investigation.\u003c/p>\n\u003cp>Another reporter asked Ravitch whether the investigation had established whether Lopez had heard Gelhaus's command to put down his weapon.\u003c/p>\n\u003cp>\"No, sir,\" Ravitch replied. \"He was not available to give me that information.\"\u003c/p>\n\u003cp>The family's attorney, Arnoldo Casillas, told the Santa Rosa Press Democrat that Ravitch had called him about noon Monday to tell him of her office's decision not to charge Gelhaus:\u003c/p>\n\u003cblockquote>\u003cp>“The family and my office are greatly disappointed with the decision,” Casillas said. “If there was ever a case where charges were warranted, it was this one.”\u003c/p>\n\u003cp>Casillas said the decision would allow the family's civil lawsuit against Gelhaus and the county to go forward.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"andylopezreport\">\u003ciframe class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/233076330/content?start_page=1&view_mode=scroll&show_recommendations=true\" scrolling=\"no\" id=\"doc_96707\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/a>\u003c/p>\n\n","blocks":[],"excerpt":"Andy Lopez, 13, was shot seven times while carrying what turned out to be a replica assault rifle. ","status":"publish","parent":0,"modified":1404842284,"stats":{"hasAudio":true,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":670},"headData":{"title":"No Charges Against Deputy in Shooting of Santa Rosa Teenager | KQED","description":"Andy Lopez, 13, was shot seven times while carrying what turned out to be a replica assault rifle. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"No Charges Against Deputy in Shooting of Santa Rosa Teenager","datePublished":"2014-07-07T22:00:37.000Z","dateModified":"2014-07-08T17:58:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"141238 http://ww2.kqed.org/news/?p=141238","disqusUrl":"https://ww2.kqed.org/news/2014/07/07/no-charges-against-deputy-in-shooting-of-santa-rosa-teenager/","disqusTitle":"No Charges Against Deputy in Shooting of Santa Rosa Teenager","customPermalink":"2014/07/07/andy-lopez-shooting-no-charges-against-deputy-erick-gelhaus/","path":"/news/141238/no-charges-against-deputy-in-shooting-of-santa-rosa-teenager","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cdiv class=\"single-video\">\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/NOKdwme6Ghg?rel=0'\n title='//www.youtube.com/embed/NOKdwme6Ghg?rel=0'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/div>\n\u003cp>\u003cspan style=\"font-size: .6em;float: left\">Above: In May video, community members called for continued peaceful response to Andy Lopez case.\u003c/span>\u003cbr>\nThe Sonoma County District Attorney's Office will not file criminal charges against a sheriff's deputy who shot and killed a 13-year-old boy carrying a realistic-looking toy assault rifle.\u003c/p>\n\u003cp>Last October's shooting of Andy Lopez by sheriff's Deputy Erick Gelhaus touched off a series of protest marches in Santa Rosa, in which the community's Latino community accused police of a history of excessive force and lack of accountability. Activists, through a May video (see above) and social media, have called for the community response to remain peaceful.\u003c/p>\n\u003cp>District Attorney Jill Ravitch told reporters at a press conference in Santa Rosa that Gelhaus “fired his weapon in response to what he honestly and reasonably believed was an imminent threat of death to himself or others. As such, he was lawfully acting in defense of himself or others, and no basis for seeking criminal charges exists.\"\u003c/p>\n\u003cp>In an extended statement, Ravitch recounted the events that led to the Lopez shooting on Oct. 22.\u003c/p>\n\u003cp>Those events unfolded rapidly after Gelhaus and another sheriff's deputy, on routine patrol, spotted the teenager as he walked in a residential neighborhood on the southern edge of Santa Rosa. Lopez was carrying a replica AK-47 that Gelhaus told investigators he believed was a real firearm.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gelhaus alerted dispatchers while his partner pulled up in a marked patrol car behind the teenager. Gelhaus got out of the vehicle, drew his semiautomatic service weapon, and ordered Lopez to put down his weapon. Gelhaus told investigators he opened fire when Lopez began to turn toward him — firing eight shots and hitting Lopez seven times. Gelhaus's partner was assuming a firing position but did not fire any shots during the encounter.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">A timeline of the episode\u003c/a> released a few days after the shooting showed that just 10 seconds elapsed between the time the deputies alerted a dispatcher about a suspicious person and their call that shots had been fired.\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/157743312&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\u003cp>In the account she delivered today and included in a 52-page report (\u003ca href=\"#andylopezreport\">embedded below\u003c/a>). Ravitch said her office will release, the district attorney amended that timeline somewhat. She said that 19 seconds elapsed between the time Gelhaus and his partner radioed an urgent call for assistance and their broadcast that shots had been fired.\u003c/p>\n\u003cp>In answering a reporter's question about whether Gelhaus reacted reasonably in firing eight shots at Lopez, Ravitch said investigators had talked to the deputy \"about when he began to shoot and when he stopped shooting, and we established that when there no longer was a threat, the shooting stopped. It's worth pointing out that the deputy had 18 rounds in his weapon and only eight were expended.\"\u003c/p>\n\u003cp>Ravitch mentioned several times during her appearance that an outside expert had determined that Gelhaus's semiautomatic pistol was capable of firing eight rounds in two seconds.\u003c/p>\n\u003cp>In November, \u003ca href=\"http://ww2.kqed.org/news/2013/11/05/andy-lopez-protests-continue-with-appeal-to-district-attorney\" target=\"_blank\">Lopez's parents filed suit against Gelhaus and Sonoma County\u003c/a>, alleging that the killing was “a senseless and unwarranted act of police abuse.” That suit has been on hold pending the outcome of the district attorney's investigation.\u003c/p>\n\u003cp>Another reporter asked Ravitch whether the investigation had established whether Lopez had heard Gelhaus's command to put down his weapon.\u003c/p>\n\u003cp>\"No, sir,\" Ravitch replied. \"He was not available to give me that information.\"\u003c/p>\n\u003cp>The family's attorney, Arnoldo Casillas, told the Santa Rosa Press Democrat that Ravitch had called him about noon Monday to tell him of her office's decision not to charge Gelhaus:\u003c/p>\n\u003cblockquote>\u003cp>“The family and my office are greatly disappointed with the decision,” Casillas said. “If there was ever a case where charges were warranted, it was this one.”\u003c/p>\n\u003cp>Casillas said the decision would allow the family's civil lawsuit against Gelhaus and the county to go forward.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"andylopezreport\">\u003ciframe class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/233076330/content?start_page=1&view_mode=scroll&show_recommendations=true\" scrolling=\"no\" id=\"doc_96707\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/141238/no-charges-against-deputy-in-shooting-of-santa-rosa-teenager","authors":["222"],"programs":["news_6944"],"categories":["news_8"],"tags":["news_4983","news_5017","news_19903","news_4379","news_474","news_4981"],"featImg":"news_115995","label":"news_6944"},"news_124709":{"type":"posts","id":"news_124709","meta":{"index":"posts_1591205157","site":"news","id":"124709","score":null,"sort":[1391034352000]},"guestAuthors":[],"slug":"state-senate-passes-bill-to-change-look-of-imitation-firearms","title":"State Senate Passes Bill to Change Look of Imitation Firearms","publishDate":1391034352,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_115841\" class=\"wp-caption alignright\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\">\u003cimg class=\"size-full wp-image-115841\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\" alt=\"The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when shot and killed by deputies. \" width=\"240\" height=\"180\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when he was shot and killed by deputies.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Don Thompson\u003cbr>\nAssociated Press\u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO — BB guns and pellet guns would have to look clearly different from those that fire bullets to be sold in California under a bill passed by the state Senate in response to several recent shooting tragedies involving children.\u003c/p>\n\u003cp>Senators approved \u003ca href=\"http://sd22.senate.ca.gov/news/2014-01-28-release-senate-approves-imitation-firearms-safety-act-toy-guns-deadly-consequences\" target=\"_blank\">state Sen. Kevin de León's Imitation Firearm Safety Act\u003c/a> on a party-line 22-8 vote on Tuesday, although several senators from each party did not vote. It now goes to the Assembly.\u003c/p>\n\u003cp>SB199 advanced in the wake of \u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">last October's fatal shooting of 13-year-old Andy Lopez\u003c/a> in Santa Rosa, when a sheriff's deputy mistook the boy's \"airsoft\" rifle for a real AK-47. Airsoft guns are replica firearms that fire plastic pellets, paper balls or eraser chunks.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Law enforcement officers have extreme difficulty — extreme difficulty — in distinguishing between the real thing and what is fake.'\u003ccite>— State Sen. Kevin de León\u003c/cite>\u003c/aside>\n\u003cp>\"The tragedy has rocked Santa Rosa and Sonoma County to its very core,\" said state Sen. Noreen Evans, D-Santa Rosa, a co-author of the bill. \"A toy should look like a toy. A toy should not get a child killed.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>De León, a Los Angeles Democrat, unsuccessfully introduced a similar bill in 2011 after another \u003ca href=\"http://latimesblogs.latimes.com/lanow/2012/12/lapd-24-million-verdict-teen-paralyzed.html\" target=\"_blank\">13-year-old, Rohayent Gomez, was shot and paralyzed\u003c/a> when Los Angeles police thought his replica firearm was a real weapon.\u003c/p>\n\u003cp>De León's new bill would require that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons.\u003c/p>\n\u003cp>\"Law enforcement officers have extreme difficulty — extreme difficulty — in distinguishing between the real thing and what is fake ... especially when officers must make a split-second decision in a very dangerous situation,\" de Le&ocaute;n said.\u003c/p>\n\u003cp>He added later, \"This is about saving lives.\"\u003c/p>\n\u003cp>More than 200 such tragedies occur each year across the country, he said, citing \u003ca href=\"http://www.bjs.gov/content/pub/pdf/tg-icep.pdf\" target=\"_blank\">a 1990 U.S. Department of Justice study\u003c/a>.\u003c/p>\n\u003cp>Several Republicans objected that the bill could endanger police officers because some real guns are now manufactured in different colors and are partly marketed toward children.\u003c/p>\n\u003cp>Smith & Wesson, for instance, makes several handguns with pink hand grips to appeal to women.\u003c/p>\n\u003cp>Another manufacturer, Milton, Pa.-based Keystone Sporting Arms, makes rifles designed for use by children that are colored hot pink, royal blue and with multicolor swirls. One of those weapons was involved in a shooting last year in Kentucky, when a 5-year-old boy fatally shot his 2-year-old sister.\u003c/p>\n\u003cp>Sen. Steve Knight, R-Palmdale, said officers could hesitate for a fatal moment if they see a brightly colored real weapon pointed their way, thinking it is a harmless toy.\u003c/p>\n\u003cp>\"To say that I can make that distinction within a split second and say that that is a toy gun, I know it, all they can do is shoot me with an airsoft and I'm OK — that's ridiculous,\" said Knight, who served 18 years as a Los Angeles police officer before his election to the Legislature.\u003c/p>\n\u003cp>Sen. Joel Anderson, R-Alpine, also opposed the bill. He said the state would be better to focus on educating young people about the dangers of carrying lookalike weapons in public or pointing them at police.\u003c/p>\n\u003cp>\"The problem with this bill is it puts false hope out there,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The legislation is opposed by the \u003ca href=\"http://www.airsoftsafetyfoundation.org/\" target=\"_blank\">Airsoft Safety Foundation\u003c/a>, as well as several organizations representing gun owners and retailers.\u003c/p>\n\n","blocks":[],"excerpt":"Legislation comes in response to police shootings of teens carrying realistic-looking toy guns. ","status":"publish","parent":0,"modified":1391039666,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":628},"headData":{"title":"State Senate Passes Bill to Change Look of Imitation Firearms | KQED","description":"Legislation comes in response to police shootings of teens carrying realistic-looking toy guns. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Senate Passes Bill to Change Look of Imitation Firearms","datePublished":"2014-01-29T22:25:52.000Z","dateModified":"2014-01-29T23:54:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"124709 http://ww2.kqed.org/news/?p=124709","disqusUrl":"https://ww2.kqed.org/news/2014/01/29/state-senate-passes-bill-to-change-look-of-imitation-firearms/","disqusTitle":"State Senate Passes Bill to Change Look of Imitation Firearms","customPermalink":"2014/01/29/california-senate-passes-bill-on-imitation-firearms/","path":"/news/124709/state-senate-passes-bill-to-change-look-of-imitation-firearms","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_115841\" class=\"wp-caption alignright\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\">\u003cimg class=\"size-full wp-image-115841\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\" alt=\"The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when shot and killed by deputies. \" width=\"240\" height=\"180\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when he was shot and killed by deputies.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Don Thompson\u003cbr>\nAssociated Press\u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO — BB guns and pellet guns would have to look clearly different from those that fire bullets to be sold in California under a bill passed by the state Senate in response to several recent shooting tragedies involving children.\u003c/p>\n\u003cp>Senators approved \u003ca href=\"http://sd22.senate.ca.gov/news/2014-01-28-release-senate-approves-imitation-firearms-safety-act-toy-guns-deadly-consequences\" target=\"_blank\">state Sen. Kevin de León's Imitation Firearm Safety Act\u003c/a> on a party-line 22-8 vote on Tuesday, although several senators from each party did not vote. It now goes to the Assembly.\u003c/p>\n\u003cp>SB199 advanced in the wake of \u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">last October's fatal shooting of 13-year-old Andy Lopez\u003c/a> in Santa Rosa, when a sheriff's deputy mistook the boy's \"airsoft\" rifle for a real AK-47. Airsoft guns are replica firearms that fire plastic pellets, paper balls or eraser chunks.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Law enforcement officers have extreme difficulty — extreme difficulty — in distinguishing between the real thing and what is fake.'\u003ccite>— State Sen. Kevin de León\u003c/cite>\u003c/aside>\n\u003cp>\"The tragedy has rocked Santa Rosa and Sonoma County to its very core,\" said state Sen. Noreen Evans, D-Santa Rosa, a co-author of the bill. \"A toy should look like a toy. A toy should not get a child killed.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>De León, a Los Angeles Democrat, unsuccessfully introduced a similar bill in 2011 after another \u003ca href=\"http://latimesblogs.latimes.com/lanow/2012/12/lapd-24-million-verdict-teen-paralyzed.html\" target=\"_blank\">13-year-old, Rohayent Gomez, was shot and paralyzed\u003c/a> when Los Angeles police thought his replica firearm was a real weapon.\u003c/p>\n\u003cp>De León's new bill would require that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons.\u003c/p>\n\u003cp>\"Law enforcement officers have extreme difficulty — extreme difficulty — in distinguishing between the real thing and what is fake ... especially when officers must make a split-second decision in a very dangerous situation,\" de Le&ocaute;n said.\u003c/p>\n\u003cp>He added later, \"This is about saving lives.\"\u003c/p>\n\u003cp>More than 200 such tragedies occur each year across the country, he said, citing \u003ca href=\"http://www.bjs.gov/content/pub/pdf/tg-icep.pdf\" target=\"_blank\">a 1990 U.S. Department of Justice study\u003c/a>.\u003c/p>\n\u003cp>Several Republicans objected that the bill could endanger police officers because some real guns are now manufactured in different colors and are partly marketed toward children.\u003c/p>\n\u003cp>Smith & Wesson, for instance, makes several handguns with pink hand grips to appeal to women.\u003c/p>\n\u003cp>Another manufacturer, Milton, Pa.-based Keystone Sporting Arms, makes rifles designed for use by children that are colored hot pink, royal blue and with multicolor swirls. One of those weapons was involved in a shooting last year in Kentucky, when a 5-year-old boy fatally shot his 2-year-old sister.\u003c/p>\n\u003cp>Sen. Steve Knight, R-Palmdale, said officers could hesitate for a fatal moment if they see a brightly colored real weapon pointed their way, thinking it is a harmless toy.\u003c/p>\n\u003cp>\"To say that I can make that distinction within a split second and say that that is a toy gun, I know it, all they can do is shoot me with an airsoft and I'm OK — that's ridiculous,\" said Knight, who served 18 years as a Los Angeles police officer before his election to the Legislature.\u003c/p>\n\u003cp>Sen. Joel Anderson, R-Alpine, also opposed the bill. He said the state would be better to focus on educating young people about the dangers of carrying lookalike weapons in public or pointing them at police.\u003c/p>\n\u003cp>\"The problem with this bill is it puts false hope out there,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The legislation is opposed by the \u003ca href=\"http://www.airsoftsafetyfoundation.org/\" target=\"_blank\">Airsoft Safety Foundation\u003c/a>, as well as several organizations representing gun owners and retailers.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/124709/state-senate-passes-bill-to-change-look-of-imitation-firearms","authors":["222"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_5149","news_4983","news_5017","news_2865","news_1103","news_5617","news_4379","news_474","news_4981"],"featImg":"news_115841","label":"news_6944"},"news_117309":{"type":"posts","id":"news_117309","meta":{"index":"posts_1591205157","site":"news","id":"117309","score":null,"sort":[1383696080000]},"guestAuthors":[],"slug":"andy-lopez-protests-continue-in-santa-rosa-with-appeal-to-d-a","title":"Andy Lopez Protests Continue in Santa Rosa With Appeal to D.A.","publishDate":1383696080,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_115995\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/andylopez-2/\" rel=\"attachment wp-att-115995\">\u003cimg class=\"size-full wp-image-115995\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/andylopez-e1382677982562.jpg\" alt=\"Andy Lopez, shot and killed by a Sonoma County sheriff's deputy earlier this week. \" width=\"640\" height=\"473\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Andy Lopez, shot and killed by a Sonoma County sheriff's deputy two weeks ago.\u003c/figcaption>\u003c/figure>\n\u003cp>Today was another day of protests in Santa Rosa over the fatal shooting two weeks ago of eighth-grader Andy Lopez by a Sonoma County sheriff's deputy. About 100 people showed up this morning to address the regular meeting of the county Board of Supervisors about the killing. Afterward, a crowd of about 200 marched to the nearby Hall of Justice to demand a grand jury investigate the case.\u003c/p>\n\u003cp>The deputy who shot Lopez, Erick Gelhaus, spotted the 13-year-old on Oct. 22 carrying what turned out to be a pellet-gun replica of an AK-47 assault rifle. Gelhaus opened fire when Lopez didn't immediately comply with an order to put the gun down and instead began turning toward the deputy. Gelhaus, a 24-year department veteran with extensive experience as a police weapons trainer, fired eight shots, hitting Lopez seven times.\u003c/p>\n\u003cp>Santa Rosa police investigators have emphasized the similarity between the toy gun Lopez was carrying and an actual AK-47. Critics of the shooting have focused on the brief span — apparently less than 10 seconds — between the moment Gelhaus and his partner spotted the teenager and when Gelhaus opened fire.\u003c/p>\n\u003cp>Santa Rosa resident Alfredo Sanchez dramatized that issue at this morning's three-hour Board of Supervisors meeting, saying he was convinced Lopez's ethnicity played a part in the decision to shoot him.\u003c/p>\n\u003cp>\"Mississippi one, Mississippi two, Mississippi three, Mississippi four, Mississippi five, Mississippi six, Mississippi seven, Mississippi eight, Mississippi nine, Mississippi ten. Boom! A life was taken in 10 seconds,\" Sanchez said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some in the audience raised questions about community policing and citizen oversight.\u003c/p>\n\u003cp>Vince Harper of Community Action Partnership, a Santa Rosa-based anti-poverty organization, said the Latino families he works with are asking a difficult question: \"How can I trust that when I call the police this won’t happen to my family — to my kids?\"\u003c/p>\n\u003cp>The Santa Rosa Press Democrat \u003ca href=\"http://www.pressdemocrat.com/article/20131105/articles/131109790?title=Marchers-protest-Andy-Lopez-killing-in-Santa-Rosa#page=2\" target=\"_blank\">reported \u003c/a>that leaders of the march would be meeting with Sonoma County District Attorney Jill Ravitch to discuss the case.\u003c/p>\n\u003cp>Lopez's family filed a federal civil rights lawsuit (see document below) on Monday against Gelhaus and Sonoma County, saying the killing was \"a senseless and unwarranted act of police abuse.\"\u003c/p>\n\u003cp>Among other details that depart from the current police account of the shooting, the suit alleges that only three seconds elapsed between the deputies' first shouted warning to Lopez and the time Gelhaus began shooting. The suit also says the deputies never identified themselves as police officers and that Gelhaus continued firing even after the mortally wounded Lopez fell to the ground.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Andy Lopez lawsuit on Scribd\" href=\"http://www.scribd.com/doc/181864105/Andy-Lopez-lawsuit\">Andy Lopez lawsuit\u003c/a>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_79393\" src=\"//www.scribd.com/embeds/181864105/content?start_page=1&view_mode=scroll&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Alex Emslie contributed to this report. \u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Demonstrators denounce killing of teenager and demand a grand jury investigation into the case. ","status":"publish","parent":0,"modified":1383699131,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":468},"headData":{"title":"Andy Lopez Protests Continue in Santa Rosa With Appeal to D.A. | KQED","description":"Demonstrators denounce killing of teenager and demand a grand jury investigation into the case. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Andy Lopez Protests Continue in Santa Rosa With Appeal to D.A.","datePublished":"2013-11-06T00:01:20.000Z","dateModified":"2013-11-06T00:52:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"117309 http://ww2.kqed.org/news/?p=117309","disqusUrl":"https://ww2.kqed.org/news/2013/11/05/andy-lopez-protests-continue-in-santa-rosa-with-appeal-to-d-a/","disqusTitle":"Andy Lopez Protests Continue in Santa Rosa With Appeal to D.A.","customPermalink":"2013/11/05/andy-lopez-protests-continue-with-appeal-to-district-attorney/","path":"/news/117309/andy-lopez-protests-continue-in-santa-rosa-with-appeal-to-d-a","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_115995\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/andylopez-2/\" rel=\"attachment wp-att-115995\">\u003cimg class=\"size-full wp-image-115995\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/andylopez-e1382677982562.jpg\" alt=\"Andy Lopez, shot and killed by a Sonoma County sheriff's deputy earlier this week. \" width=\"640\" height=\"473\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Andy Lopez, shot and killed by a Sonoma County sheriff's deputy two weeks ago.\u003c/figcaption>\u003c/figure>\n\u003cp>Today was another day of protests in Santa Rosa over the fatal shooting two weeks ago of eighth-grader Andy Lopez by a Sonoma County sheriff's deputy. About 100 people showed up this morning to address the regular meeting of the county Board of Supervisors about the killing. Afterward, a crowd of about 200 marched to the nearby Hall of Justice to demand a grand jury investigate the case.\u003c/p>\n\u003cp>The deputy who shot Lopez, Erick Gelhaus, spotted the 13-year-old on Oct. 22 carrying what turned out to be a pellet-gun replica of an AK-47 assault rifle. Gelhaus opened fire when Lopez didn't immediately comply with an order to put the gun down and instead began turning toward the deputy. Gelhaus, a 24-year department veteran with extensive experience as a police weapons trainer, fired eight shots, hitting Lopez seven times.\u003c/p>\n\u003cp>Santa Rosa police investigators have emphasized the similarity between the toy gun Lopez was carrying and an actual AK-47. Critics of the shooting have focused on the brief span — apparently less than 10 seconds — between the moment Gelhaus and his partner spotted the teenager and when Gelhaus opened fire.\u003c/p>\n\u003cp>Santa Rosa resident Alfredo Sanchez dramatized that issue at this morning's three-hour Board of Supervisors meeting, saying he was convinced Lopez's ethnicity played a part in the decision to shoot him.\u003c/p>\n\u003cp>\"Mississippi one, Mississippi two, Mississippi three, Mississippi four, Mississippi five, Mississippi six, Mississippi seven, Mississippi eight, Mississippi nine, Mississippi ten. Boom! A life was taken in 10 seconds,\" Sanchez said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Some in the audience raised questions about community policing and citizen oversight.\u003c/p>\n\u003cp>Vince Harper of Community Action Partnership, a Santa Rosa-based anti-poverty organization, said the Latino families he works with are asking a difficult question: \"How can I trust that when I call the police this won’t happen to my family — to my kids?\"\u003c/p>\n\u003cp>The Santa Rosa Press Democrat \u003ca href=\"http://www.pressdemocrat.com/article/20131105/articles/131109790?title=Marchers-protest-Andy-Lopez-killing-in-Santa-Rosa#page=2\" target=\"_blank\">reported \u003c/a>that leaders of the march would be meeting with Sonoma County District Attorney Jill Ravitch to discuss the case.\u003c/p>\n\u003cp>Lopez's family filed a federal civil rights lawsuit (see document below) on Monday against Gelhaus and Sonoma County, saying the killing was \"a senseless and unwarranted act of police abuse.\"\u003c/p>\n\u003cp>Among other details that depart from the current police account of the shooting, the suit alleges that only three seconds elapsed between the deputies' first shouted warning to Lopez and the time Gelhaus began shooting. The suit also says the deputies never identified themselves as police officers and that Gelhaus continued firing even after the mortally wounded Lopez fell to the ground.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Andy Lopez lawsuit on Scribd\" href=\"http://www.scribd.com/doc/181864105/Andy-Lopez-lawsuit\">Andy Lopez lawsuit\u003c/a>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_79393\" src=\"//www.scribd.com/embeds/181864105/content?start_page=1&view_mode=scroll&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Alex Emslie contributed to this report. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/117309/andy-lopez-protests-continue-in-santa-rosa-with-appeal-to-d-a","authors":["222"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_4983","news_5017","news_116","news_4981"],"featImg":"news_115995","label":"news_6944"},"news_116831":{"type":"posts","id":"news_116831","meta":{"index":"posts_1591205157","site":"news","id":"116831","score":null,"sort":[1383352201000]},"guestAuthors":[],"slug":"deputy-who-shot-andy-lopez-said-to-act-erratically-heroically","title":"Deputy Who Shot Andy Lopez Said to Act Erratically, Heroically","publishDate":1383352201,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_116387\" class=\"wp-caption alignright\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/7261_transform/\" rel=\"attachment wp-att-116387\">\u003cimg class=\"size-full wp-image-116387 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/7261_transform.jpg\" alt=\"Marchers at the rally protesting the shooting of 13-year-old Andy Lopez today in Santa Rosa. (Rachel Dornhelm / KQED)\" width=\"250\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marchers at the rally protesting the shooting of 13-year-old Andy Lopez earlier this week in Santa Rosa. (Rachel Dornhelm / KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, 5:30 p.m.\u003c/strong> KPIX also \u003ca href=\"http://sanfrancisco.cbslocal.com/2013/10/31/man-says-sonoma-deputy-who-shot-boy-pointed-gun-at-him-during-traffic-stop/\">reported\u003c/a> yesterday on the traffic stop by Sonoma County Deputy Sheriff Erick Gelhaus and Jeff Westbrook of Santa Rosa. Westbrook has said that Gelhaus pulled his gun on him twice during the encounter. KPIX's story added that \"Westbrook later learned a car matching his was part of a 'be on the lookout' call.\"\u003c/p>\n\u003cp>In related news, the parents of 13-year-old Andy Lopez \u003ca href=\"http://sanfrancisco.cbslocal.com/2013/11/01/parents-of-teen-killed-by-sonoma-deputy-file-wrongful-death-claims/\">will sue Gelhaus and Sonoma\u003c/a>\u003cbr>\n\u003ca href=\"http://sanfrancisco.cbslocal.com/2013/11/01/parents-of-teen-killed-by-sonoma-deputy-file-wrongful-death-claims/\"> County\u003c/a> in the death of their son. The federal civil rights lawsuit will be filed on Monday at the Federal District Court in San Francisco.\u003cbr>\nThe lawsuit will allege that the shooting of Andy was unconstitutional in that it violated the Fourth Amendment’s limits on police authority.\u003c/p>\n\u003cp>The attorney for the family also filed three wrongful death claims against Sonoma County earlier week.\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/crime/article/Driver-says-Sonoma-deputy-pulled-gun-on-him-4944495.php\">San Francisco Chronicle\u003c/a> and the \u003ca href=\"http://www.pressdemocrat.com/article/20131031/articles/131039847?title=Attorney:-Deputy-%27emotional%27-after-Lopez-shooting?title=Multiple-portraits-of-deputy-emerge-#page=1\">Press Democrat\u003c/a> are reporting news about the Sonoma County sheriff's deputy who shot and killed 13-year-old Andy Lopez after mistaking his toy AK-47 for the real thing: A motorist stopped by Deputy Erick Gelhaus in August says Gelhaus pulled his gun on him twice during the encounter.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Jeff Westbrook of Santa Rosa said Gelhaus pulled him over Aug. 21 on Hwy. 101 in Cotati for failing to signal a lane change in his BMW.\u003c/p>\n\u003cp>From the Press Democrat:\u003c/p>\n\u003cblockquote>\u003cp>Gelhaus walked up to the passenger door, slipping on the steep hill. Westbrook asked the deputy if he should make more room on the roadside for him and when he put his BMW into neutral, Gelhaus pulled out his gun, according to Westbrook.\u003c/p>\n\u003cp>“He's screaming and he's ballistic — 'Turn off your vehicle' — I go, 'Sir, it is off,'” Westbrook said. “He jumped to an extreme situation in no time at all.”\u003c/p>\n\u003cp>Westbrook said that moments later he faced Gelhaus' gun again outside the car when Gelhaus asked if he had any weapons and Westbrook pulled up his shirt to show he had none.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->Acording to the \u003ca href=\"http://www.sfgate.com/crime/article/Driver-says-Sonoma-deputy-pulled-gun-on-him-4944495.php\">Chronicle\u003c/a>, Westbrook was so upset with Gelhaus' behavior that at one point he asked him, \"Sir, is there something wrong with you?\" He also reported the incident to Gelhaus' supervisor and had hoped to speak to Gelhaus himself when the \u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/\">Lopez shooting\u003c/a> put the deputy on leave.\u003c/p>\n\u003cp>\"I felt like I was watching somebody I needed to help,\" said Westbrook, 57, a program manager at an information technology company, to the Chronicle. \"This was not right. He did not manage this correctly.\"\u003c/p>\n\u003cp>Gelhaus is on routine paid leave after the Oct. 22 shooting of eighth-grader Andy Lopez Cruz, who was walking with a replica AK-47 pellet gun near his home just outside Santa Rosa. His attorney declined Thursday to comment on Westbrook's allegations, saying that Gelhaus is very \"emotional\" over the loss of life and pain felt by the Lopez family.\u003c/p>\n\u003cp>But others have begun stepping forward to defend Gelhaus' actions. A longtime local paramedic says Gelhaus saved his life eight years ago. Former Sonoma Life Support paramedic Aram Bronston, 43, of Santa Rosa \u003ca href=\"http://www.pressdemocrat.com/article/20131031/opinion/131039974#page=2\">wrote a letter to the editor\u003c/a> published Thursday in The Press Democrat that recounted the time Bronston was struggling on the shoulder of Highway 101 in south Santa Rosa with a woman who was distraught over her brother's death and became “verbally and physically abusive.”\u003c/p>\n\u003cp>The letter says, in part:\u003c/p>\n\u003cblockquote>\u003cp>I was being attacked by a mentally unstable patient and was being steadily forced backward into traffic. Gelhaus stepped in and subdued the patient, using only the amount of force necessary. He was able to control the situation without adding any additional injuries to the patient.\u003c/p>\n\u003cp>Despite being hit, kicked and almost bitten by the person, he used restraint and calm good judgment.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Gelhaus, Bronston told the Press Democrat, saved his life when he “grabbed me by my shirt — with cars literally two inches from hitting me — and pulled me to safety.”\u003c/p>\n\n","blocks":[],"excerpt":"Driver says Erick Gelhaus pulled gun on him at a routine traffic stop; others defend deputy's character.","status":"publish","parent":0,"modified":1398475003,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":704},"headData":{"title":"Deputy Who Shot Andy Lopez Said to Act Erratically, Heroically | KQED","description":"Driver says Erick Gelhaus pulled gun on him at a routine traffic stop; others defend deputy's character.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Deputy Who Shot Andy Lopez Said to Act Erratically, Heroically","datePublished":"2013-11-02T00:30:01.000Z","dateModified":"2014-04-26T01:16:43.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"116831 http://ww2.kqed.org/news/?p=116831","disqusUrl":"https://ww2.kqed.org/news/2013/11/01/deputy-who-shot-andy-lopez-said-to-act-erratically-heroically/","disqusTitle":"Deputy Who Shot Andy Lopez Said to Act Erratically, Heroically","customPermalink":"2013/11/01/116831/Andy-Lopez-shot-deputy-Erick-Gelhaus/","path":"/news/116831/deputy-who-shot-andy-lopez-said-to-act-erratically-heroically","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_116387\" class=\"wp-caption alignright\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/7261_transform/\" rel=\"attachment wp-att-116387\">\u003cimg class=\"size-full wp-image-116387 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/7261_transform.jpg\" alt=\"Marchers at the rally protesting the shooting of 13-year-old Andy Lopez today in Santa Rosa. (Rachel Dornhelm / KQED)\" width=\"250\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marchers at the rally protesting the shooting of 13-year-old Andy Lopez earlier this week in Santa Rosa. (Rachel Dornhelm / KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, 5:30 p.m.\u003c/strong> KPIX also \u003ca href=\"http://sanfrancisco.cbslocal.com/2013/10/31/man-says-sonoma-deputy-who-shot-boy-pointed-gun-at-him-during-traffic-stop/\">reported\u003c/a> yesterday on the traffic stop by Sonoma County Deputy Sheriff Erick Gelhaus and Jeff Westbrook of Santa Rosa. Westbrook has said that Gelhaus pulled his gun on him twice during the encounter. KPIX's story added that \"Westbrook later learned a car matching his was part of a 'be on the lookout' call.\"\u003c/p>\n\u003cp>In related news, the parents of 13-year-old Andy Lopez \u003ca href=\"http://sanfrancisco.cbslocal.com/2013/11/01/parents-of-teen-killed-by-sonoma-deputy-file-wrongful-death-claims/\">will sue Gelhaus and Sonoma\u003c/a>\u003cbr>\n\u003ca href=\"http://sanfrancisco.cbslocal.com/2013/11/01/parents-of-teen-killed-by-sonoma-deputy-file-wrongful-death-claims/\"> County\u003c/a> in the death of their son. The federal civil rights lawsuit will be filed on Monday at the Federal District Court in San Francisco.\u003cbr>\nThe lawsuit will allege that the shooting of Andy was unconstitutional in that it violated the Fourth Amendment’s limits on police authority.\u003c/p>\n\u003cp>The attorney for the family also filed three wrongful death claims against Sonoma County earlier week.\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/crime/article/Driver-says-Sonoma-deputy-pulled-gun-on-him-4944495.php\">San Francisco Chronicle\u003c/a> and the \u003ca href=\"http://www.pressdemocrat.com/article/20131031/articles/131039847?title=Attorney:-Deputy-%27emotional%27-after-Lopez-shooting?title=Multiple-portraits-of-deputy-emerge-#page=1\">Press Democrat\u003c/a> are reporting news about the Sonoma County sheriff's deputy who shot and killed 13-year-old Andy Lopez after mistaking his toy AK-47 for the real thing: A motorist stopped by Deputy Erick Gelhaus in August says Gelhaus pulled his gun on him twice during the encounter.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Jeff Westbrook of Santa Rosa said Gelhaus pulled him over Aug. 21 on Hwy. 101 in Cotati for failing to signal a lane change in his BMW.\u003c/p>\n\u003cp>From the Press Democrat:\u003c/p>\n\u003cblockquote>\u003cp>Gelhaus walked up to the passenger door, slipping on the steep hill. Westbrook asked the deputy if he should make more room on the roadside for him and when he put his BMW into neutral, Gelhaus pulled out his gun, according to Westbrook.\u003c/p>\n\u003cp>“He's screaming and he's ballistic — 'Turn off your vehicle' — I go, 'Sir, it is off,'” Westbrook said. “He jumped to an extreme situation in no time at all.”\u003c/p>\n\u003cp>Westbrook said that moments later he faced Gelhaus' gun again outside the car when Gelhaus asked if he had any weapons and Westbrook pulled up his shirt to show he had none.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->Acording to the \u003ca href=\"http://www.sfgate.com/crime/article/Driver-says-Sonoma-deputy-pulled-gun-on-him-4944495.php\">Chronicle\u003c/a>, Westbrook was so upset with Gelhaus' behavior that at one point he asked him, \"Sir, is there something wrong with you?\" He also reported the incident to Gelhaus' supervisor and had hoped to speak to Gelhaus himself when the \u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/\">Lopez shooting\u003c/a> put the deputy on leave.\u003c/p>\n\u003cp>\"I felt like I was watching somebody I needed to help,\" said Westbrook, 57, a program manager at an information technology company, to the Chronicle. \"This was not right. He did not manage this correctly.\"\u003c/p>\n\u003cp>Gelhaus is on routine paid leave after the Oct. 22 shooting of eighth-grader Andy Lopez Cruz, who was walking with a replica AK-47 pellet gun near his home just outside Santa Rosa. His attorney declined Thursday to comment on Westbrook's allegations, saying that Gelhaus is very \"emotional\" over the loss of life and pain felt by the Lopez family.\u003c/p>\n\u003cp>But others have begun stepping forward to defend Gelhaus' actions. A longtime local paramedic says Gelhaus saved his life eight years ago. Former Sonoma Life Support paramedic Aram Bronston, 43, of Santa Rosa \u003ca href=\"http://www.pressdemocrat.com/article/20131031/opinion/131039974#page=2\">wrote a letter to the editor\u003c/a> published Thursday in The Press Democrat that recounted the time Bronston was struggling on the shoulder of Highway 101 in south Santa Rosa with a woman who was distraught over her brother's death and became “verbally and physically abusive.”\u003c/p>\n\u003cp>The letter says, in part:\u003c/p>\n\u003cblockquote>\u003cp>I was being attacked by a mentally unstable patient and was being steadily forced backward into traffic. Gelhaus stepped in and subdued the patient, using only the amount of force necessary. He was able to control the situation without adding any additional injuries to the patient.\u003c/p>\n\u003cp>Despite being hit, kicked and almost bitten by the person, he used restraint and calm good judgment.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Gelhaus, Bronston told the Press Democrat, saved his life when he “grabbed me by my shirt — with cars literally two inches from hitting me — and pulled me to safety.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/116831/deputy-who-shot-andy-lopez-said-to-act-erratically-heroically","authors":["1479"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_4983","news_5017"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. 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You ask the questions. You decide what Bay Curious investigates. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.","airtime":"THU 10pm, FRI 1am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.commonwealthclub.org/podcasts","meta":{"site":"news","source":"Commonwealth Club of California"},"link":"/radio/program/commonwealth-club","subscribe":{"apple":"https://itunes.apple.com/us/podcast/commonwealth-club-of-california-podcast/id976334034?mt=2","google":"https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw","tuneIn":"https://tunein.com/radio/Commonwealth-Club-of-California-p1060/"}},"considerthis":{"id":"considerthis","title":"Consider This","tagline":"Make sense of the day","info":"Make sense of the day. Every weekday afternoon, Consider This helps you consider the major stories of the day in less than 15 minutes, featuring the reporting and storytelling resources of NPR. Plus, KQED’s Bianca Taylor brings you the local KQED news you need to know.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Consider-This-Podcast-Tile-703x703-1.jpg","imageAlt":"Consider This from NPR and KQED","officialWebsiteLink":"/podcasts/considerthis","meta":{"site":"news","source":"kqed","order":"7"},"link":"/podcasts/considerthis","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1503226625?mt=2&at=11l79Y&ct=nprdirectory","npr":"https://rpb3r.app.goo.gl/coronavirusdaily","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM1NS9wb2RjYXN0LnhtbA","spotify":"https://open.spotify.com/show/3Z6JdCS2d0eFEpXHKI6WqH"}},"forum":{"id":"forum","title":"Forum","tagline":"The conversation starts here","info":"KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.","airtime":"MON-FRI 9am-11am, 10pm-11pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED Forum with Mina Kim and Alexis Madrigal","officialWebsiteLink":"/forum","meta":{"site":"news","source":"kqed","order":"8"},"link":"/forum","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/kqeds-forum/id73329719","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz","npr":"https://www.npr.org/podcasts/432307980/forum","stitcher":"https://www.stitcher.com/podcast/kqedfm-kqeds-forum-podcast","rss":"https://feeds.megaphone.fm/KQINC9557381633"}},"freakonomics-radio":{"id":"freakonomics-radio","title":"Freakonomics Radio","info":"Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. 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