Posted on 11/05/2013 7:29:58 AM PST by Uncle Chip
SAN FRANCISCO (Reuters) - The parents of a 13-year-old California boy killed last month while carrying a plastic replica of an assault rifle filed a civil rights lawsuit on Monday against the sheriff's deputy who shot him ...
Deputy Erick Gelhaus, 48, shot Andy Lopez Cruz as the eighth grader was walking near his home in the wine-country town of Santa Rosa carrying an imitation gun he planned to return to a friend, relatives and officials have said.....
On Monday, attorney Arnoldo Casillas filed the federal lawsuit against Gelhaus and Sonoma County in U.S. District Court in San Francisco on behalf of the boy's parents. The suit seeks unspecified damages and alleges the deputy violated the teen's civil rights.
"The shooting of Andy Lopez was absolutely and unequivocally unjustified," Casillas told a news conference, saying he hoped the lawsuit would spur a more thorough investigation.
He said he plans to depose Gelhaus and ask him, "What the hell were you thinking? He is 5-foot-4, 140 pounds."....
The boy's parents, Sujay Cruz and Rodrigo Lopez, told reporters on Monday they wanted "an honest investigation."
Their son was wearing a hoodie sweatshirt [and shorts] and walking about a block away from his home when Gelhaus and an unidentified officer he was training spotted the boy carrying what appeared to be an assault rifle, police said.
Gelhaus, a 24-year veteran of the force who served 10 years in the military with a stint in Iraq, ordered the boy to drop the gun.
When the teen turned toward Gelhaus, who was crouched behind the door of the patrol car, said he saw the barrel of the gun rise.
Gelhaus said he fired eight shots, killing the boy in a situation that authorities said developed in seconds....
(Excerpt) Read more at news.yahoo.com ...
He said he plans to depose Gelhaus and ask him, “What the hell were you thinking? He is 5-foot-4, 140 pounds.”...
so...midgets are incapable of killing people?
Maybe there’s more to this Nwws Spawned emotional story to get everyone in a tissy!?!?!
You don’t think it’ll be an issue at trial?
Before condemning the cop, I would like to see an untouched photo of the Air-soft gun to see if the orange tip was painted black. IF so, I defy anyone to determine the difference between the air-soft and the real thing from 20 feet, especially in a rough neighborhood. In other words, this sounds to me like a good shoot. Tragic yes, but no wrong doing by the cop.
Most careers are like that if the mistake is big enough.
Yep
It appears that this was Gelhaus’s lifetime opportunity to get that one kill that had eluded him throughout his career.
He was working about his street creds.
Actually 4 shots were aimed at the kid and 3 were aimed at the dog that was with him. Surprisingly, the dog escaped injury. (/s)
So carrying a firearm is justification for the death penalty?
Sounds to me like you think cops are given a license to kill if they see anybody carrying a gun.
It makes one wonder, doesn’t it, given all the time that he spent at the firing range.
Was this another recycled military member who was spoiling for a little action in a sleepy town? No ex-military should be eligible for police duty until ten years after their discharge. This is not Iraq or Afghanistan, and we don’t need Rambo to kill our dogs, children and the elderly.
Yep. Every shot on target.
“He is 5-foot-4, 140 pounds.”....
From what I’ve read the killing was an outrage, but the size of the person is irrelevant. Guns are equalizers. Plenty of soldiers were killed by 5 foot tall 100# vietmanese with a rifle.
Cops these days are VERY high strung regarding personal safety. I suspect it is because of their training that emphasizes how much risk they face. They are told restaint kills so they shoot first and worry about it later. I bet the cops defense will state that he acted within policy. A suspect started to point a gun in his direction and he shot, just like they taught him.
Wow.
I doubt it. His military training would have kicked in and he wouldn’t shoot until shot at in that case.
:: The boy’s parents, Sujay Cruz and Rodrigo Lopez ::
[sigh]
Post 24
Which one is real???
If you can’t tell then you don’t know guns.
If you can tell then why couldn’t a deputy with 24 years who also is a gun expert and trainer.
Gotta break the rookie in right.
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