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Sonoma County District Attorney Jill Ravitch told reporters at news conference on Monday that Sonoma County Deputy Erick Gelhaus will not be charged in the fatal shooting of 13-year-old Andy Lopez.
The shooting incident happened last October when Deputy Erick Gelhaus and his partner spotted the teenager carrying a replica AK-47 BB gun. Both deputies thought the replica was a real gun.
They allegedly identified themselves as police officers and ordered the Lopez to put down his weapon.
Gelhaus told investigators Lopez, with the gun still in his hand, turned towards the deputies’ patrol car.
Gelhaus told investigators he feared for his life, fired eight shots at Lopez. The victim was hit by seven bullets and was pronounced dead at the scene.
District Attorney Ravitch called the shooting of Lopez “absolutely tragic†but said that the actions of the deputy were lawful.
"The law provides for a complete defense of anyone who defends himself or others," said Ravitch.
Ravitch believes it was "a reasonable response," because the deputy "honestly and reasonably" felt he was in danger.
“He was holding the weapon in his left hand. He began to turn toward his right in the direction of the deputy and in doing so, he moved toward the direction of the deputy and the deputy’s mindset was that he was fearful that he was going to be shot,†Santa Rosa Police Lt. Paul Henry said.
Supporters for the family are expected to come out for a second consecutive day Tuesday after hearing the decision. At yesterday's protest several people said charges were necessary. It would send a message about the use of force by police.
“Kids are in fear because they know cops can get away with it,†community organizer Nicole Guerra said.
Protesters also said Gelhaus overreacted to the situation and didn't have to use deadly force.
"Our district attorney is literally letting these cops get away with murder," said Nicole Guerra, 31, friend of the victim's family. "These kids now have to walk around in fear."
Gelhaus' attorney, Terry Leoni, spoke on Monday at the conference and told reporters, "he absolutely believed his life and the life of his partner were in mortal danger."
"The D.A.'s office took the time to do a thorough investigation and it came to the right conclusion," Leoni said.
Sonoma County Sheriff Steve Freitas read a statement about the attorney's decision, saying his “heart goes out to the friends of Andy Lopez, the involved deputies, and the entire Sonoma County community during this difficult time.â
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