California deputy may face jury in civil suit for killing of teen

Tragic!

California deputy may face jury in civil suit for killing of teen with toy gun

http://www.guns.com/2017/05/13/calif...-with-toy-gun/

Brian Seay5/13/17

A three-judge panel signaled on Wednesday that a California deputy who shot and killed a teen holding a toy rifle should stand trial.

The Ninth U.S. Circuit Court of Appeals judges indicated a jury would have to decide whether Sonoma County sheriff’s deputy Erick Gelhaus was justified in killing 13-year-old Andy Lopez nearly four years ago.

Lopez was walking along a road in Santa Rosa, California on Oct. 22, 2013, holding a toy gun that looked like an AK-47. The orange tip of the replica — which signifies it’s a toy — was missing, leading Gelhaus to believe the gun was real. The deputies pulled up behind Lopez, and, without announcing they were officers, they ordered him to “Drop the gun!” Three seconds later, Gelhaus opened fire, shooting at the teen seven times. Lopez died at the scene.

Gelhaus’ lawyers argue that as the teenager turned to face the deputies, he was starting to raise the barrel of the toy rifle, leading Gelhaus to perceive him as a threat. Lawyers for Lopez’s family say the toy gun was still pointing at the ground as the teen turned around. Noah Blechman, an attorney for Gelhaus, faced questions Wednesday from the judges about that point.

“Is the jury compelled to find that (Gelhaus) was staring down the barrel? The description ‘starting to raise’ is pretty vague,” said Senior Circuit Judge Richard Clifton. “And Officer Gelhaus himself testified at one point that he didn’t know where the gun was pointed. So would a jury be compelled to conclude that he faced a dangerous threat?”

“When he turns towards the deputy, if he makes any movement with that firearm, under the law, deadly force can be reasonable,” said Blechman, responding to Judge Clifton.

U.S. Circuit Judge Milan Smith asked Blechman whether a reasonable jury would find that Gelhaus violated Fourth Amendment ...

All I have to say = it is the 9th Circuit Court....

Sad. Looks like a jury will sort this out. Way too much missing in this version to have any reasonable opinion on the matter except that it's tragic for all involved.