Sonoma County D.A.: No criminal charges for sheriff's deputy in Andy Lopez shooting (Santa Rosa, CA)

The Press Democrat ^ | July 7, 2014 | Julie Johnson

[Hetty_Fauxvert]

The Sonoma County District Attorney's Office announced Monday that it will not file criminal charges against a sheriff's deputy who shot and killed 13-year-old Andy Lopez.

District Attorney Jill Ravitch said in a statement that investigators concluded Deputy Erick 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,” Ravitch said in the statement.

The finding was revealed in an email announcing a 2 p.m. press conference at which Ravitch intended to explain her findings. Moments after the email was sent, staff with the District Attorney's Office sent another email recalling the prior announcement, indicating they had not intended to report the result of the investigation until the press conference.

For five months, District Attorney investigators have been looking into whether Gelhaus broke the law when he shot Lopez seven times during an Oct. 22 encounter in southwest Santa Rosa.

[Hetty_Fauxvert]

I am very angry. I live about a mile from where this event happened. We do have some gang activity in this city, but for Gelhaus to be judge and jury because this kid walking along with an apparent firearm (which was actually an Airsoft gun that had foolishly been modified by removing the orange tip on the barrel) is just absurd. From the time the deputies stopped the patrol car to when Gelhaus lit up Lopez was a grand total of six seconds. I'm angry with Gelhaus, who I can't adequately describe without profanity, and I'm angry with Ravitch, who by all reports is hand in glove with all the police departments in this area, and I'm absolutely livid with our local electorate, who YAWNED and voted Ravitch right back into office in June, even though it was obvious she was stringing out this decision until after the election.

If it's true we get the government we deserve, then we are f****** toast.

[windcliff]

I feel so bad for the boy’s family. I’m surprised he didn’t kill him within 4 seconds. There was no choice or chance for the boy.

[Ken H]

No one saw this coming...

[TheDon]

For Gelhaus to be judge and jury because this kid walking along with an apparent firearm (which was actually an Airsoft gun that had foolishly been modified by removing the orange tip on the barrel) is just absurd.

Agreed. At the very least, the deputy should not be walking the streets as a LEO any longer.

[Hetty_Fauxvert]

At the very least, the deputy should not be walking the streets as a LEO any longer.

* * *

Other locals reported that Gelhaus pulled a weapon or threatened them in what seemed like non-confrontational circumstances, such as a routine traffic stop. I think he was looking to be a hero. If I were him, I’d be trying to move away. There’s a lot of ill feeling here about this. At any rate, the family has a lawyer and plans to sue in civil court. I hope they take everything Gelhaus owns, and bankrupt the sheriff’s department.

[El Cid]

Sheesh.
This is around 70 miles north of where I live, so I don't know all the details, but from the little I gleaned this was pretty much negligent homicide, if not out and out murder. The young man was walking down the road with a rifle. He wasn't pointing at anyone, nor threatening anyone. The officer comes alongside and starts shouting at the kid, and being startled I don't doubt that he might have waved his rifle in the direction of the officer to tell him it was an airgun. Before any words are exchanged the officer shoots him dead...

Somehow the 'Right to bear arms shall not be infringed' does not apply if Mr. Policeman doesn't like the look of your jig...

[arthurus]

” I felt threatened.” Those words spoken after an event absolutely justify any law enforcement agent on or off duty for whatever use of his weapons or his fists he makes. If he says that phrase he is praised for following department procedures and given an extra paid vacation as his first reward. Further awards are given in a series determined by the intensity of negative public reaction- the more intense the higher and more numerous the awards. Check it out.

[Farmer Dean]

He shot the kid 7 times????When is that not excessive force?
Probably that’s the way the cop was trained,keep shooting until your target is no longer moving.Good rule if you’re in Afganistan,pretty bad here at home.

[sport]

Ray Charles and Stevie Wonder could have seen it coming. And Helen Keller could have heard it coming.

[SECURE AMERICA]

As former military, Leo and Corrections I say bullshit. Anytime you shoot a 13 year old 7 times, you made a mistake. PERIOD. You have no fire control ability and have no business carrying a gun in public.

[Uncle Chip]

I hope protesters descend on that city and shut it down —