Case details

Parents claimed sheriff’s deputy had no reason to shoot

SUMMARY

$3000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
On Oct. 22, 2013, plaintiffs’ decedent Andy Lopez, 13, a student, was carrying an airsoft gun that was designed to resemble an AK-47 assault rifle while walking through a vacant lot on Moorland Avenue, just past the corner of West Robles Avenue, in Santa Rosa. Sonoma County sheriff’s deputies were patrolling the neighborhood when they spotted Andy. As Deputy Erick Gelhaus exited the passenger’s side of the patrol vehicle, he called out for Andy to drop the weapon. Andy turned to his right, toward the deputies, and was fired at eight times by Gelhaus. Two of the gunshots delivered fatal wounds, and Andy died at the scene. Andy’s parents, Rodrigo Lopez and Sujay Cruz, sued Gelhaus and Gelhaus’ employer, the county of Sonoma. Andy’s parents alleged that Gelhaus used excessive force in violation of Andy’s civil rights and that Gelhaus shot Andy without reasonable cause, resulting in Andy’s wrongful death. They also alleged that the county was liable for Gelhaus’ actions. Plaintiffs’ counsel contended that Andy was initially unaware that the deputies were present, that the deputies failed to identify themselves as police officers and that the deputies knew that upon hearing their command, Andy would turn to face them. Counsel also contended that two deputies stepped out of the patrol vehicle as it came to a stop and that as Andy began to turn, Gelhaus fired his weapon. Plaintiffs’ counsel argued that the toy gun remained at Andy’s side and that the time between when Gelhaus called out and when Gelhaus fired his first shot was only three seconds. Counsel further argued that Andy immediately fell to the ground after being struck by the first bullet, but that Gelhaus continued to fire at Andy as he lay on the ground. Gelhaus contended that he thought the airsoft gun was real, that the barrel began to ascend when Andy turned toward him and that he feared for his life. Defense counsel argued that the shooting was objectively reasonable in response to a perceived threat of serious physical harm or death due to the replica pellet gun that Andy was carrying, which looked like a real AK-47. Counsel also argued that Gelhaus was entitled to qualified immunity., Andy was fired at eight times, and he sustained two gunshot wounds that ultimately caused his death. He was pronounced dead at the scene. He was 13 years old. Andy’s parents sought recovery of wrongful death damages.
COURT
United States District Court, Northern District, Oakland, CA

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