Post by Logan on Jan 21, 2016 1:45:51 GMT -6
The family of Andy Lopez, the 13-year-old boy fatally shot by a Sonoma County sheriff’s deputy in October 2013 while holding a toy rifle, can take their wrongful-death suit to a jury, a federal judge ruled Wednesday.
Lawyers for the county and sheriff’s Deputy Erick Gelhaus argued that the suit should be dismissed because Gelhaus believed the toy was an AK-47 assault rifle and reasonably feared for his life when the youngster turned around and started to raise the gun.
But U.S. District Judge Phyllis Hamilton of Oakland said there was no evidence that Andy was pointing the gun at the officer, made any “sudden movement” toward the weapon or was acting aggressively before he was shot.
The county and Gelhaus “have not established that Andy actually threatened the officers with the gun,” Hamilton wrote. Whether Gelhaus’ “use of deadly force was reasonable” depends on disputed facts, the judge said, and “the question of reasonableness is best resolved by a jury.”
Continued at www.sfgate.com/bayarea/article/Family-can-sue-Sonoma-County-and-deputy-who-shot-6772981.php .
Lawyers for the county and sheriff’s Deputy Erick Gelhaus argued that the suit should be dismissed because Gelhaus believed the toy was an AK-47 assault rifle and reasonably feared for his life when the youngster turned around and started to raise the gun.
But U.S. District Judge Phyllis Hamilton of Oakland said there was no evidence that Andy was pointing the gun at the officer, made any “sudden movement” toward the weapon or was acting aggressively before he was shot.
The county and Gelhaus “have not established that Andy actually threatened the officers with the gun,” Hamilton wrote. Whether Gelhaus’ “use of deadly force was reasonable” depends on disputed facts, the judge said, and “the question of reasonableness is best resolved by a jury.”
Continued at www.sfgate.com/bayarea/article/Family-can-sue-Sonoma-County-and-deputy-who-shot-6772981.php .