By Kurtis Alexander
Sonoma County District Attorney Jill Ravitch plans to announce Monday afternoon whether her office will prosecute a county sheriff's deputy for fatally shooting a 13-year-old boy who had a toy pellet gun.
A draft of a press statement released by her office Monday indicated that no charges will be filed. The office immediately recalled the draft statement, which was sent via e-mail to media members.
Erick Gelhaus, a 24-year veteran of the Sonoma County Sheriff's Office, shot Andy Lopez seven times in an unincorporated area just outside Santa Rosa on Oct. 22.
Gelhaus and a colleague came across Andy shortly after 3 p.m. as he walked by a vacant lot near his home. According to the Sheriff's Office, the deputies saw Andy's replica gun and ordered him to drop it. When the boy turned toward the deputies while still holding the toy gun, Gelhaus fired.
The draft statement said a report by the district attorney's office found that Gelhaus shot Andy "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."
The shooting prompted outrage in Santa Rosa and beyond, with critics saying Gelhaus overreacted to a situation that did not require deadly force.
When Andy was shot, he was walking to meet a friend in a largely Latino neighborhood. Investigators said the pellet gun that Andy had did not feature an orange tip, which is required under federal law to help officers distinguish it as a replica.
Andy's family has filed a federal lawsuit alleging civil rights violations. The FBI has opened an independent inquiry to determine whether the teenager's civil rights were violated.
A draft of a press statement released by her office Monday indicated that no charges will be filed. The office immediately recalled the draft statement, which was sent via e-mail to media members.
Erick Gelhaus, a 24-year veteran of the Sonoma County Sheriff's Office, shot Andy Lopez seven times in an unincorporated area just outside Santa Rosa on Oct. 22.
Gelhaus and a colleague came across Andy shortly after 3 p.m. as he walked by a vacant lot near his home. According to the Sheriff's Office, the deputies saw Andy's replica gun and ordered him to drop it. When the boy turned toward the deputies while still holding the toy gun, Gelhaus fired.
The draft statement said a report by the district attorney's office found that Gelhaus shot Andy "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."
The shooting prompted outrage in Santa Rosa and beyond, with critics saying Gelhaus overreacted to a situation that did not require deadly force.
When Andy was shot, he was walking to meet a friend in a largely Latino neighborhood. Investigators said the pellet gun that Andy had did not feature an orange tip, which is required under federal law to help officers distinguish it as a replica.
Andy's family has filed a federal lawsuit alleging civil rights violations. The FBI has opened an independent inquiry to determine whether the teenager's civil rights were violated.
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