Andy Lopez Family Files Claim vs. Sonoma County; Deputy "Emotional" After Shooting
Source: By Lisa Fernandez
Lawyers for the family of a 13-year-old Santa Rosa boy carrying a replica rifle and killed by a deputy when he said the teen wouldnt put it down, have filed three claims against Sonoma County and plan to file a federal lawsuit in the wake of the boys death.
In the claims, according to the Santa Rosa Press Democrat, the firm of Moreno, Becerra and Casillas, based in Montebello, Calif., allege that the Sonoma County Sheriff's Office failed to develop proper policies and training for pedestrian stops, and that it negligently hired and continued to employ the deputies involved in the shooting.
The Sonoma County Counsel on Friday did not return a comment to NBC Bay Area seeking comment.
The claims, filed on behalf of Andy Lopez's parents, seek unspecified damages for loss of financial support, funeral and burial expenses, the value of household services the boy would have provided and for the loss of Lopez's love, companionship, comfort, care, assistance, protection, affection, society and moral support.
Read more: http://www.nbcbayarea.com/news/local/Andy-Lopez-Family-Files-Claim-vs-Sonoma-County-Deputy-Emotional-After-Shooting-Report-230244931.html
gopiscrap
(23,725 posts)Comrade Grumpy
(13,184 posts)And as a Sonoma County resident, I, too, will pay for this. I think we have better things to do with our tax dollars than keep paying reparations to the families of the people our cops keep killing. Maybe like training cops to be human.
FreakinDJ
(17,644 posts)If they are going to defend scum like this I don't want them living off my taxes
musiclawyer
(2,335 posts)Board of supervisors and their excess insurance carrier will be negotiating multi 7 figures settlement for the next 6 months after the FBI report and other IAs are over
For what it's worth this kids parents will never have to work again ....
You want to make a difference .... Tell your elected officials you want police officers hired......not trained killers from the army and marines who arrive with an us v them mentality
AnotherMcIntosh
(11,064 posts)Sheriff's Department. The DA later revealed that it was not true and that the FBI would only receive information sent to it by the Sheriff's Department and the Police Department.
FlaGranny
(8,361 posts)What is wrong with PARENTS letting a 13-year-old carry what looked like a real weapon on the street? Hmmmm? I think the parents need a bit of investigating. They are at the beginning of the fault in this tragedy.
AnotherMcIntosh
(11,064 posts)2) A side-by-side photo comparison of the plastic toy held by the grammer-school kid with a real AK-47 shows that it was made clearly made of plastic, it had a trasparent center section, it was lighter, and it was shorter.
3) You think that the parents need a bit of investigating? No doubt the Sheriff's Department thinks so as well.
FreakinDJ
(17,644 posts)The officer clearly violated Supreme Court statutes of using Lethal Force. Hence the pending 4th Amendment suit.
The officer involved would have to identify himself as Law Enforcement - not just shout "Drop the Gun"
http://www.cga.ct.gov/2008/rpt/2008-R-0074.htm
FlaGranny
(8,361 posts)my point wasn't that killing the child was justified. My point is that kids shouldn't be carrying things that look like weapons in public. Sure, the picture above shows a difference, but at the time was it completely obvious that it was a toy? I don't know. I'm just saying in this gun crazy country, I wouldn't let a kid carry a toy weapon in public. It's so bad that people are shooting unarmed people knocking on their doors, how much worse that a teen appears to be carrying a weapon. It's the wild west all over again.
FreakinDJ
(17,644 posts)Rambo, Terminator, Seal Team 6, all have the common theme of America heaping praise and accolades for their ability to kill bad guys with their High-Tech weaponry
We taught children this through TV News Media, Movies, and even in their school lessons. Kids (especially the male child) will naturally gravitate towards this to win acceptance into society
FreakinDJ
(17,644 posts)Rojas and Marquez say they heard the deputies yell in english "drop the gun."
"Abrieron la puerta de cada lado y sacaron la pistola y tas, tas," Rojas said.
She says almost immediately, both deputies then opened their doors and shots were fired.
Rojas and Marquez say deputies only yelled once before opening fire.
"Imediatamente le dispararon, no le dieron oportunidad de nada," Marquez said.
She says they fired immediately and didn't give him a chance to do anything.
http://abclocal.go.com/kgo/story?section=news/local/north_bay&id=9302840
And then once the boy was wounded on the ground - go over an put 6 more bullets into a frail 13 yr old boy's body
He says by that time Lopez was already on the ground.
"Then the cops went at it again and unloaded like 6 to 7 shots, said Oliver.
When asked if he meant that the deputy shot Lopez while he was on the ground, Oliver said, "Yeah. Exactly what I saw."
http://www.ktvu.com/news/news/national/dozens-march-remember-boy-killed-deputies/nbXW9/
Xithras
(16,191 posts)1) As has already been mentioned, the officers never gave him a chance to drop the weapon. They shot a 13 year old kid in the back as he started to turn around to see who was yelling at him.
2) In California, open carry of a rifle is only a misdemeanor. Even if it HAD been a real gun, the officers had no legal justification to shoot at him without secondary evidence of a threat. According to all of the witnesses, there was none in this case. The maximum sentence for violating AB 1527 is a year in county jail, not death. This could have been a 30 year old guy carrying a real rifle, and the officers would have STILL grossly overstepped their legal authority in this incident by shooting the way they did.