The parents of 13-year-old Andy Lopez filed a lawsuit in San Francisco federal court on Nov. 4 against the Sonoma County Sheriff’s Department and Deputy Erick Gelhaus, claiming the boy’s Fourth Amendment rights were violated.
Lopez was shot and killed by Sonoma County Deputy Erick Gelhaus at 3:15 p.m. on Oct. 22 on Moorland Avenue in Santa Rosa while walking to a friend’s house to return a replica AK-47 toy rifle.
Arnoldo Casillas, who represents Lopez’ parents, said this lawsuit was filed so an honest and independent investigation can take place and that the “whitewash” of the police’s investigation will be looked at critically.
“The only way that can happen is if we do it ourselves,” Casillas said.
The firm’s autopsy revealed that Lopez died from seven gunshot wounds, the first being the fatal shot, and their trajectories indicated that Gelhaus’ story that Lopez initially pointed the gun at him to be false.
“The autopsy indicates he was on a horizontal plane when he was shot, and the trajectories would be completely different if his position was consistent with the gun being pointed at Gelhaus,” Casillas said. “Physical evidence doesn’t lie.”
A witness who drove by Lopez seconds before he was killed said the gun looked like a toy because of the way the boy handled the weapon, swinging it around making the gun look “light and flimsy.”
Rodrigo Lopez, the boy’s father, said: “We want justice, an honest investigation, and that the demonstrations for Andy be peaceful. He would have wanted it that way.”
The National Day of Protest for Andy Lopez is scheduled to take place Nov. 9 at Juilliard Park in Santa Rosa, from 1 p.m. to 5 p.m., and in other cities nationwide.