kpix-7-2013-masthead kcbs 7-2013-masthead

Local

No Charges To Be Filed Against Sonoma Co. Deputy In Fatal Shooting Of 13-Year-Old Andy Lopez

View Comments
Andy Lopez (Family photo)

Andy Lopez (Family photo)

Get Breaking News First

Receive News, Politics, and Entertainment Headlines Each Morning.
Sign Up
Trending Stories On CBS SF

liquor store robbery No Charges To Be Filed Against Sonoma Co. Deputy In Fatal Shooting Of 13 Year Old Andy LopezCaught On Camera: Oakland Liquor Store Clerks Fight Back Against Aggressive Thief Who Cops Ignored

doctors medical No Charges To Be Filed Against Sonoma Co. Deputy In Fatal Shooting Of 13 Year Old Andy LopezAmbulance Diverted From East Bay Hospital May Have Cost Man His Life, Family Says

solar farm No Charges To Be Filed Against Sonoma Co. Deputy In Fatal Shooting Of 13 Year Old Andy LopezBirds Bursting Into Flames Above Solar Farm Stirs Calls To Slow Expansion

93280229 No Charges To Be Filed Against Sonoma Co. Deputy In Fatal Shooting Of 13 Year Old Andy LopezLegendary Wrestler Ric Flair Talks 49ers, WWE & Wrestlemania 31

power drill No Charges To Be Filed Against Sonoma Co. Deputy In Fatal Shooting Of 13 Year Old Andy LopezWoman Carrying Cordless Drill, Believed To Be A Gun, Shot And Killed By San Jose Police

SANTA ROSA (CBS SF) — There will no charges pressed against a Sonoma County deputy in the fatal shooting last October of a teenage boy who was carrying a BB pellet rifle, according to the district attorney’s office.

District Attorney Jill Ravitch held a news conference in Santa Rosa Monday afternoon to announce the decision that Deputy Erik Gelhaus would not face any criminal charges in the shooting death of 13-year-old Andy Lopez in Santa Rosa on October 22nd.

Ravitch’s office release a 52-page report Monday that concluded Gelhaus fired on Lopez “in response to what he honestly and reasonably believed was an imminent threat of death to himself or others.”

Ravitch called the shooting of Lopez “absolutely tragic” but said that Gelhaus’ actions were lawful.

No Charges To Be Filed Against Sonoma Co. Deputy In Fatal Shooting Of 13-Year-Old Andy Lopez

KCBS Radio

Lopez was walking on Mooreland Avenue in Santa Rosa on October 22nd, 2013 carrying the replica rifle when he was approached by Gelhaus.

Gelhaus told investigators he ordered Lopez to drop the rifle, but the barrel of the gun rose as the teen turned toward the deputies’ patrol car. Gelhaus, who said he feared for his life, fired eight shots at Lopez, who was struck by seven bullets and was pronounced dead at the scene.

Santa Rosa Police Lt. Paul Henry said their investigation found that the deputies thought the weapon was a real assault rifle and their feared for their lives.

“He was holding the weapon in his left hand. He began to turn toward his right in the direction of the deputy and in doing so, he moved toward the direction of the deputy and the deputy’s mindset was that he was fearful that he was going to be shot,” Henry said.

One of Lopez’s friends, Marvin Tom, told KCBS he was shocked the officers couldn’t tell the gun was a toy.

The teenager’s death has spurred numerous protests and outcries from the public.

About a dozen protesters were gathered outside the building where Ravitch disclosed the results of her review.

Human rights attorney Jonathan Melrod said Lopez “was shot because he was a kid carrying a toy gun where kids play.”

“The militarization of the police is evolving into ‘us versus them,’” Melrod said.

“They’re policing us as if they were still in Iraq and Afghanistan,” he said.

Community organizer Nicole Guerra, whose son was Lopez’s friend, said it is ridiculous that “police can use the excuse they were in fear of their lives.”

“Kids are in fear because they know cops can get away with it,” Guerra said.

“He should have known that was a toy,” Guerra said.

She said Ravitch’s decision not to charge Gelhaus “is like killing him again.”

“He needs to be held accountable,” Guerra said.

Dozens gather in Sonoma County to protest D.A.’s decision:

Protesters Deputy In Fatal Shooting Of 13-Year-Old Andy Lopez

KCBS Radio

Sonoma County Sheriff Steve Freitas released a statement about Ravitch’s decision, saying his “heart goes out to the friends of Andy Lopez, the involved deputies, and the entire Sonoma County community during this difficult time.”

“We as a community need to come together to find every possible way to minimize the potential of a tragic incident like this from happening again,” Freitas said.

TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Bay City News Service contributed to this report.

View Comments
blog comments powered by Disqus
Follow

Get every new post delivered to your Inbox.

Join 53,835 other followers