Posted on 11/04/2013 11:51:42 AM PST by Uncle Chip
The parents of a 13-year-old Santa Rosa boy killed by a sheriff's deputy who thought the airsoft rifle he was carrying was real, plan to file a federal lawsuit in San Francisco on Monday, claiming the deputy who shot their son violated the boy's Fourth Amendment rights as they pertain to limits on police authority.....
The Fourth Amendment states that citizens have the right to be secure against unreasonalbe searches and seizures.
In an interview with NBC Bay Area on Monday morning, he said he will also allege that Gelhaus has been involved in prior instances of "excessive force" and that he will provide more detail in his suit, and as depositions reveal more information....
According to the claims, Andy was walking "lawfully" about 3:15 p.m. near Moorland and West Robles avenues with a "toy gun" when two deputies on "routine duty" approached him.
Andy's back was to the deputies, the claim states, and he had "not violated any law and posed no risk or threat to the deputies or any other persons."
Within ten seconds - according to a timetable released by Santa Rosa police - the deputy fired his handgun at Andy.
"The shooting was unreasonable and unjustified under the law," the claim states.
Of the eight rounds Gelhaus fired, seven struck Andy and the boy died of massive internal injuries.
The claim also alleges that after Andy was shot, no "meaningful medical attention" was given to him.
The use of force by the deputies "was condoned by the sheriff's department," the claims state.
"The training encourages deputies to prematurely shoot suspects who pose no threat or danger to deputies or the public at large."...........
(Excerpt) Read more at nbcbayarea.com ...
Fail. Ten minute lawsuit.
I hope they win this suit. Too many cases of unjustified force by the police these days. They need to be punished.
This is a slam dunk case. Watch.
For the plaintiffs? I’m not even recalling the last time an actual lawsuit was successfully brought on 4A grounds (not that I would especially know that, not being a loyah)
To prevent instances like this in the future, San Francisco will immediately pass a law that all toys that resemble weapons are illegal.
This 'cop' overreacted due to a hero complex anxious to get his first human kill. He may be a good guy but he did what a lot of cops do and abused his power under the color of authority.
The ONLY way this cop is innocent is if the kid had a 'suicide by cop' thing going on and willfully took drew upon the cop.
Lawsuit?! Where are the criminal charges against the cowardly cop?!
How many trained cops DOES it take to shoot a child in the back.
Too bad the kid wasn’t black and carrying skittles. He might at least get some sympathy and attention from the corrupt media.
Me too. I’m hoping the get enough out of the city to hurt ‘em.
We weren’t there of course,
>an excellent reason not to have an opinion, which I don’t. I’ve read of massively worse (unprosecuted) cases of police abuse and I can appreciate the reaction or the sentiment, and I am not a reflexive supporter of LE, probably lean the other way. The reaction is based upon the death of a kid. If he was a grubby 275 lb Ted Kaszcinsky type with a scowl on his face, I don’t believe anybody would be making anything out of this.
but if this kid’s back was turned when he was shot, there’s a problem.
Maybe. >>But not a 4th amendment problem.<<
And, how’s the kid going to turn in response to being spoken to without at least slightly turning the ‘gun’, too? The way I understand it, the Sheriff DIDN’T IDENTIFY HIMSELF to the kid. That should’ve been the first words out of his mouth.
We don’t know that. I can turn my head without turning my torso and I’m a heck of a lot less flexible than a 13 y/o. Plus, wasn’t the sheriff’s command to DROP the weapon? The kid has no responsibility at all, zero, can’t even carry the gun with a strap on his back so it’s not being presented in a “ready-to-fire” way? Can’t even carry holding the muzzle to show he’s not ready to fire? No awareness at all, none, of the possible implications of wielding a weapony-looking thing walking down the street?
Honestly, I have no interest in discussing this and please don’t take offense at that comment. I don’t really like speculating about stuff I know nothing about. “We” have done this a zillion times speculating about every nanosecond in the Trayvon Martin timeline and the Oscar whatever guy who got shot on BART and it’s all a bunch of blather for which I just don’t have the spare neurons any more. In this case, I don’t think the 4th amendment applies, not even close, not even with the most twisted linguistic linguini the most clever lawyer in the universe can come up with. And that’s all I wish to say about it.
And while we’re at it, let’s sue them for violating the 18th Amendment as well.
I'd be curious what this means.
Did they not call for an ambulance?
Did they not send an ambulance?
Another problem for the stupid lawman, is that he said in his own words that he was in fear that the gun would be be turned and aimed at him. So the kid never turned the gun on the cop. Imminent danger but no threat to the cop's life. And after the kid is down and lifeless, he stands over him and drills the kid with more shots. This cop needs to be hung.
Generally the police hold on the guy they shot, until the guy they shot bleeds out. If the guy they shot uses direct pressure to stop bleeding in a wound to the extremity, the police interpret it as a threatening gesture and shoot them again.
Even if they called for an ambulance or paramedics, they would normally forbid the paramedic to treat the person shot until the officer thought it was safe, that is, until after the person shot bled out.
“Me too. I’m hoping the get enough out of the city to hurt ‘em.”
Try “the County.” The “cop” was a County Sheriff’s deputy!
During Thursday's autopsy, Dr. Arthur Josselson with the Forensic Medical Group determined one of the fatal bullets entered the right side of Lopez's chest and a second fatal wound was caused by a bullet that entered his right hip, Henry said.Lopez was also wounded on his right wrist, left bicep, right forearm, right buttocks and right hip, all non-fatal injuries, Henry said. The doctor recovered three bullets from the body.
The way I understand it, the Sheriff DIDN'T IDENTIFY HIMSELF to the kid.
Witnesses say the deputies in Santa Rosa, Calif., twice called for Andy to “drop the gun,” before the boy turned toward the squad car, which had its lights on and had let out at least one siren chirp.One officer, apparently perceiving that the tip of the gun was being raised in his direction as Andy turned, opened fire.
‘Suicide by cop’ or an overreaction by the cop.
Murder by Cop
Perhaps the kid was moving to display the gun, showing them it was a toy. Stupid move on his part but I can sort of understand it if I put myself in a 13 year old’s frame of mind. You don’t expect cops are going to give you a hail of bullets.
Nonsense.
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