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"content": "\u003cp>Police fired rubber bullets, shot tear gas and arrested more than 150 people in Santa Rosa over five days and nights of protests starting Saturday, May 30, with demonstrators galvanized around the city’s own history with police shootings. \u003c/p>\n\u003cp>On Tuesday night, Santa Rosa police \u003ca href=\"https://local.nixle.com/alert/8034898/\" target=\"_blank\" rel=\"noopener noreferrer\">arrested 110 individuals\u003c/a>, including 90 adults and 20 minors, for reasons including unlawful assembly and violation of curfew.\u003c/p>\n\u003cp>Hundreds had attended a peaceful vigil earlier in the evening \u003ca href=\"https://www.facebook.com/events/s/a-grief-vigil-to-end-the-bruta/962575240879823/\" target=\"_blank\" rel=\"noopener noreferrer\">in memory of Andy Lopez\u003c/a>, a 13-year-old boy who was \u003ca href=\"https://www.kqed.org/news/11713332/sonoma-county-to-pay-3-million-settlement-in-andy-lopez-shooting\">killed after being shot seven times\u003c/a> by a Sonoma County sheriff’s deputy in 2013.\u003c/p>\n\u003cp>The vigil, organized by \u003ca href=\"https://www.facebook.com/PBCSonomaCounty\" target=\"_blank\" rel=\"noopener noreferrer\">Police Brutality Coalition Sonoma County\u003c/a>, was held in the largely Latino neighborhood of Roseland on what would have been Lopez’s 20th birthday.\u003c/p>\n\u003cp>https://twitter.com/gmeline/status/1267987358386802688\u003c/p>\n\u003cp>Vigil co-organizer Susan Lamont said the fatal shooting of Lopez and the exoneration of the deputy, Erick Gelhaus, made visible long-existing racial injustices in Santa Rosa. \u003c/p>\n\u003cp>“It became a major focus of both racial discrimination, and just the incredible overreach and lack of accountability by law enforcement locally, which is then reflected nationally as well,” Lamont said.\u003c/p>\n\u003cp>Demonstrators, mostly young people of color, marched down Sebastopol Road toward Old Courthouse Square. During one standoff, police donned gas masks in preparation for tear gas, used all three nights prior. Later in the evening, the march progressed through the residential area near Santa Rosa Junior College, where marchers sang “Happy Birthday” to Andy Lopez while dozens of residents offered supportive gestures from their porches. \u003c/p>\n\u003cp>https://twitter.com/gmeline/status/1268055164042141697?s=20\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Similar demonstrations took place in the days and nights previous as hundreds took to the streets. Protesters chanted and marched throughout the city’s downtown area, held moments of silence and knelt on one knee in solidarity with George Floyd and others killed by police. \u003c/p>\n\u003cp>Three people were arrested in Santa Rosa on \u003ca href=\"https://local.nixle.com/alert/8026158/\" target=\"_blank\" rel=\"noopener noreferrer\">Saturday\u003c/a>, a night in which police shot tear gas twice, and demonstrators took over the freeway twice. Police also shot chalk rounds at the crowd, \u003ca href=\"https://www.facebook.com/photo.php?fbid=10220501772832567&set=a.1538447219351&type=3&theater\" rel=\"noopener noreferrer\" target=\"_blank\">severely injuring 20-year-old Santa Rosa resident Michaela Staggs\u003c/a>, who was taken to the emergency room.\u003c/p>\n\u003cp>https://twitter.com/_erik_castro/status/1266998635805372416\u003c/p>\n\u003cp>One person was arrested in Santa Rosa on \u003ca href=\"https://local.nixle.com/alert/8027820/\" target=\"_blank\" rel=\"noopener noreferrer\">Sunday\u003c/a>. That night, after a line of police kept a march from entering the freeway again, some protesters broke store windows at the Santa Rosa Plaza and held a loud sideshow at the intersection of Fourth Street and Mendocino Avenue. After a brawl involving about 20 broke out, demonstrators were able to push away troublemakers, kneel in the intersection and refocus the protest on police brutality. Police then shot tear gas to break up crowds. \u003c/p>\n\u003cp>\u003ca href=\"https://local.nixle.com/alert/8029846/\" target=\"_blank\" rel=\"noopener noreferrer\">Monday’s protests\u003c/a> led to 27 arrests, including 17 adults and 10 juveniles. All arrestees were from Santa Rosa but one, from Petaluma. The night also led to police officers shooting more tear gas in addition to rubber bullets at demonstrators, including a local tribal leader who sustained \u003ca href=\"https://www.radical-guide.com/local-indigenous-tribal-leader-hospitalized-due-to-santa-rosa-police-department-violence/\" rel=\"noopener noreferrer\" target=\"_blank\">serious injuries to his mouth and jaw\u003c/a>. \u003c/p>\n\u003cp>Protests have since dwindled in size. Only eight adults were arrested in Santa Rosa on Wednesday night for curfew violations, and appeared to be arrested voluntarily, after having been given the choice to leave the area.\u003c/p>\n\u003cp>Another protest is planned for 3 p.m. Friday at Old Courthouse Square.\u003c/p>\n\u003cp>\u003c/p>\n",
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"title": "In Santa Rosa, a Week of Tear Gas, Rubber Bullets and Over 150 Arrests | KQED",
"description": "Protesters in Santa Rosa chanted for both George Floyd and Andy Lopez, a 13-year-old killed by a Sonoma County sheriff's deputy in 2013.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Police fired rubber bullets, shot tear gas and arrested more than 150 people in Santa Rosa over five days and nights of protests starting Saturday, May 30, with demonstrators galvanized around the city’s own history with police shootings. \u003c/p>\n\u003cp>On Tuesday night, Santa Rosa police \u003ca href=\"https://local.nixle.com/alert/8034898/\" target=\"_blank\" rel=\"noopener noreferrer\">arrested 110 individuals\u003c/a>, including 90 adults and 20 minors, for reasons including unlawful assembly and violation of curfew.\u003c/p>\n\u003cp>Hundreds had attended a peaceful vigil earlier in the evening \u003ca href=\"https://www.facebook.com/events/s/a-grief-vigil-to-end-the-bruta/962575240879823/\" target=\"_blank\" rel=\"noopener noreferrer\">in memory of Andy Lopez\u003c/a>, a 13-year-old boy who was \u003ca href=\"https://www.kqed.org/news/11713332/sonoma-county-to-pay-3-million-settlement-in-andy-lopez-shooting\">killed after being shot seven times\u003c/a> by a Sonoma County sheriff’s deputy in 2013.\u003c/p>\n\u003cp>The vigil, organized by \u003ca href=\"https://www.facebook.com/PBCSonomaCounty\" target=\"_blank\" rel=\"noopener noreferrer\">Police Brutality Coalition Sonoma County\u003c/a>, was held in the largely Latino neighborhood of Roseland on what would have been Lopez’s 20th birthday.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Vigil co-organizer Susan Lamont said the fatal shooting of Lopez and the exoneration of the deputy, Erick Gelhaus, made visible long-existing racial injustices in Santa Rosa. \u003c/p>\n\u003cp>“It became a major focus of both racial discrimination, and just the incredible overreach and lack of accountability by law enforcement locally, which is then reflected nationally as well,” Lamont said.\u003c/p>\n\u003cp>Demonstrators, mostly young people of color, marched down Sebastopol Road toward Old Courthouse Square. During one standoff, police donned gas masks in preparation for tear gas, used all three nights prior. Later in the evening, the march progressed through the residential area near Santa Rosa Junior College, where marchers sang “Happy Birthday” to Andy Lopez while dozens of residents offered supportive gestures from their porches. \u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Similar demonstrations took place in the days and nights previous as hundreds took to the streets. Protesters chanted and marched throughout the city’s downtown area, held moments of silence and knelt on one knee in solidarity with George Floyd and others killed by police. \u003c/p>\n\u003cp>Three people were arrested in Santa Rosa on \u003ca href=\"https://local.nixle.com/alert/8026158/\" target=\"_blank\" rel=\"noopener noreferrer\">Saturday\u003c/a>, a night in which police shot tear gas twice, and demonstrators took over the freeway twice. Police also shot chalk rounds at the crowd, \u003ca href=\"https://www.facebook.com/photo.php?fbid=10220501772832567&set=a.1538447219351&type=3&theater\" rel=\"noopener noreferrer\" target=\"_blank\">severely injuring 20-year-old Santa Rosa resident Michaela Staggs\u003c/a>, who was taken to the emergency room.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>One person was arrested in Santa Rosa on \u003ca href=\"https://local.nixle.com/alert/8027820/\" target=\"_blank\" rel=\"noopener noreferrer\">Sunday\u003c/a>. That night, after a line of police kept a march from entering the freeway again, some protesters broke store windows at the Santa Rosa Plaza and held a loud sideshow at the intersection of Fourth Street and Mendocino Avenue. After a brawl involving about 20 broke out, demonstrators were able to push away troublemakers, kneel in the intersection and refocus the protest on police brutality. Police then shot tear gas to break up crowds. \u003c/p>\n\u003cp>\u003ca href=\"https://local.nixle.com/alert/8029846/\" target=\"_blank\" rel=\"noopener noreferrer\">Monday’s protests\u003c/a> led to 27 arrests, including 17 adults and 10 juveniles. All arrestees were from Santa Rosa but one, from Petaluma. The night also led to police officers shooting more tear gas in addition to rubber bullets at demonstrators, including a local tribal leader who sustained \u003ca href=\"https://www.radical-guide.com/local-indigenous-tribal-leader-hospitalized-due-to-santa-rosa-police-department-violence/\" rel=\"noopener noreferrer\" target=\"_blank\">serious injuries to his mouth and jaw\u003c/a>. \u003c/p>\n\u003cp>Protests have since dwindled in size. Only eight adults were arrested in Santa Rosa on Wednesday night for curfew violations, and appeared to be arrested voluntarily, after having been given the choice to leave the area.\u003c/p>\n\u003cp>Another protest is planned for 3 p.m. Friday at Old Courthouse Square.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "Sonoma County to Pay $3 Million Settlement in Andy Lopez Shooting",
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"content": "\u003cp>\u003cem>Updated Wednesday, 1:50 p.m.\u003c/em>\u003c/p>\n\u003cp>The Sonoma County Board of Supervisors on Tuesday settled a federal excessive force lawsuit filed by the family of 13-year-old Andy Lopez, who was fatally shot by a sheriff's deputy in 2013.\u003c/p>\n\u003cp>A county spokeswoman said the $3 million settlement, which the board unanimously approved in a closed-door session, includes legal fees but does not admit liability or fault on behalf of the county.\u003c/p>\n\u003cp>\"A 13-year-old is dead, and the right thing to do for the community to start moving forward was to settle the case,\" said Sonoma County Sheriff Rob Giordano.\u003c/p>\n\u003cp>Lopez was shot seven times on Oct. 22, 2013, by then-Deputy Erick Gelhaus as he walked along Moorland Avenue south of Santa Rosa with a pellet gun that was designed to look like an AK-47 assault rifle. Gelhaus said he believed the rifle was real and that the barrel was raised upward as Lopez turned toward him.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The killing \u003ca href=\"https://www.kqed.org/news/115840/sonoma-county-deputies-kill-13-year-old-carrying-replica-ak-47\" target=\"_blank\" rel=\"noopener\">sparked outrage\u003c/a> from the community, as did Gelhaus' \u003ca href=\"https://www.kqed.org/news/11053590/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old\" target=\"_blank\" rel=\"noopener\">promotion to sergeant\u003c/a> in 2016.\u003c/p>\n\u003cp>It also sparked local and federal investigations into Gelhaus' actions. He was \u003ca href=\"https://www.kqed.org/news/10586864/doj-clears-sheriffs-deputy-in-andy-lopez-death\" target=\"_blank\" rel=\"noopener\">cleared of criminal wrongdoing\u003c/a> by the Sonoma County District Attorney's Office in 2014 and the U.S. Department of Justice a year later.\u003c/p>\n\u003cp>Lopez's family filed a federal civil rights lawsuit against Gelhaus and Sonoma County in November 2013. The county had tried to get the suit thrown out, but a federal appeals court ruled in September 2017 that it could \u003ca href=\"https://www.kqed.org/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules\" target=\"_blank\" rel=\"noopener\">proceed to a trial\u003c/a>.\u003c/p>\n\u003cp>Giordano said the case has changed the way his department interacts with the community.\u003c/p>\n\u003cp>\"We needed to be out in the community right away in that event and talking to people and educating people and working with people,\" he said. \"We've really moved in the last five years to truly engaging with the community. We're not just talking to the community; we're listening to the community.\"\u003c/p>\n\u003cp>Giordano repeatedly pointed to the dangers of fake firearms like the one Lopez was carrying when he was killed.\u003c/p>\n\u003cp>\"The reality is our deputy was faced with a weapon that looked like a real weapon, and we can't change that fact,\" he said. \"We reduced smoking by education. I hope at one point we reduce fake guns by education.\"\u003c/p>\n\u003cp>Arnoldo Casillas is an attorney representing Lopez's parents, Sujey Cruz and Rodrigo Lopez. Casillas said the settlement puts an end only to the litigation.\u003c/p>\n\u003cp>\"The pain and the suffering that both Rodrigo and Sujey feel and will always feel isn't going to change and hasn't change,\" Casillas said. \"The settlement itself puts an end to the litigation and it doesn't put an end to the suffering.\"\u003c/p>\n\u003cp>Casillas said Lopez's parents also take comfort in the fact that their son's case has become a precedent in incidents where police officers claim immunity after a fatal shooting. He pointed to the ruling by \u003ca href=\"https://www.kqed.org/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules\">the 9th U.S. Circuit Court of Appeals\u003c/a>, which the U.S. Supreme Court chose not to review on appeal from the county.\u003c/p>\n\u003cp>\"It lays out the law, it lays out the circumstances where a police officer is entitled to immunity and, as in Andy's case, where a police officer is not entitled to immunity,\" he said.\u003c/p>\n\u003cp>Robert Weisberg, a criminal law expert at Stanford Law School, said the case could be a precedent for future cases in the \u003ca href=\"https://www.ca9.uscourts.gov/judicial_council/what_is_the_ninth_circuit.php\" rel=\"noopener\" target=\"_blank\">9th Circuit\u003c/a> \"because it could suggest less deference to police,\" but those cases will still be decided on the specific facts of the case, so it's hard to predict how much impact the Lopez case will have.\u003c/p>\n\u003cp>\"The key to this decision was its effect on this case,\" Weisberg said, and that it portends a \"mildly encouraging but uncertain future for new plaintiffs.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>He also said that while the Supreme Court chose not to review this case, it could review a future case that is similarly favorable to plaintiffs and potentially rule against it, creating a true national precedent.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Wednesday, 1:50 p.m.\u003c/em>\u003c/p>\n\u003cp>The Sonoma County Board of Supervisors on Tuesday settled a federal excessive force lawsuit filed by the family of 13-year-old Andy Lopez, who was fatally shot by a sheriff's deputy in 2013.\u003c/p>\n\u003cp>A county spokeswoman said the $3 million settlement, which the board unanimously approved in a closed-door session, includes legal fees but does not admit liability or fault on behalf of the county.\u003c/p>\n\u003cp>\"A 13-year-old is dead, and the right thing to do for the community to start moving forward was to settle the case,\" said Sonoma County Sheriff Rob Giordano.\u003c/p>\n\u003cp>Lopez was shot seven times on Oct. 22, 2013, by then-Deputy Erick Gelhaus as he walked along Moorland Avenue south of Santa Rosa with a pellet gun that was designed to look like an AK-47 assault rifle. Gelhaus said he believed the rifle was real and that the barrel was raised upward as Lopez turned toward him.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The killing \u003ca href=\"https://www.kqed.org/news/115840/sonoma-county-deputies-kill-13-year-old-carrying-replica-ak-47\" target=\"_blank\" rel=\"noopener\">sparked outrage\u003c/a> from the community, as did Gelhaus' \u003ca href=\"https://www.kqed.org/news/11053590/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old\" target=\"_blank\" rel=\"noopener\">promotion to sergeant\u003c/a> in 2016.\u003c/p>\n\u003cp>It also sparked local and federal investigations into Gelhaus' actions. He was \u003ca href=\"https://www.kqed.org/news/10586864/doj-clears-sheriffs-deputy-in-andy-lopez-death\" target=\"_blank\" rel=\"noopener\">cleared of criminal wrongdoing\u003c/a> by the Sonoma County District Attorney's Office in 2014 and the U.S. Department of Justice a year later.\u003c/p>\n\u003cp>Lopez's family filed a federal civil rights lawsuit against Gelhaus and Sonoma County in November 2013. The county had tried to get the suit thrown out, but a federal appeals court ruled in September 2017 that it could \u003ca href=\"https://www.kqed.org/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules\" target=\"_blank\" rel=\"noopener\">proceed to a trial\u003c/a>.\u003c/p>\n\u003cp>Giordano said the case has changed the way his department interacts with the community.\u003c/p>\n\u003cp>\"We needed to be out in the community right away in that event and talking to people and educating people and working with people,\" he said. \"We've really moved in the last five years to truly engaging with the community. We're not just talking to the community; we're listening to the community.\"\u003c/p>\n\u003cp>Giordano repeatedly pointed to the dangers of fake firearms like the one Lopez was carrying when he was killed.\u003c/p>\n\u003cp>\"The reality is our deputy was faced with a weapon that looked like a real weapon, and we can't change that fact,\" he said. \"We reduced smoking by education. I hope at one point we reduce fake guns by education.\"\u003c/p>\n\u003cp>Arnoldo Casillas is an attorney representing Lopez's parents, Sujey Cruz and Rodrigo Lopez. Casillas said the settlement puts an end only to the litigation.\u003c/p>\n\u003cp>\"The pain and the suffering that both Rodrigo and Sujey feel and will always feel isn't going to change and hasn't change,\" Casillas said. \"The settlement itself puts an end to the litigation and it doesn't put an end to the suffering.\"\u003c/p>\n\u003cp>Casillas said Lopez's parents also take comfort in the fact that their son's case has become a precedent in incidents where police officers claim immunity after a fatal shooting. He pointed to the ruling by \u003ca href=\"https://www.kqed.org/news/11618652/jury-could-find-deputy-wrongfully-killed-13-year-old-andy-lopez-court-rules\">the 9th U.S. Circuit Court of Appeals\u003c/a>, which the U.S. Supreme Court chose not to review on appeal from the county.\u003c/p>\n\u003cp>\"It lays out the law, it lays out the circumstances where a police officer is entitled to immunity and, as in Andy's case, where a police officer is not entitled to immunity,\" he said.\u003c/p>\n\u003cp>Robert Weisberg, a criminal law expert at Stanford Law School, said the case could be a precedent for future cases in the \u003ca href=\"https://www.ca9.uscourts.gov/judicial_council/what_is_the_ninth_circuit.php\" rel=\"noopener\" target=\"_blank\">9th Circuit\u003c/a> \"because it could suggest less deference to police,\" but those cases will still be decided on the specific facts of the case, so it's hard to predict how much impact the Lopez case will have.\u003c/p>\n\u003cp>\"The key to this decision was its effect on this case,\" Weisberg said, and that it portends a \"mildly encouraging but uncertain future for new plaintiffs.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>He also said that while the Supreme Court chose not to review this case, it could review a future case that is similarly favorable to plaintiffs and potentially rule against it, creating a true national precedent.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Jury Could Find Deputy Wrongfully Killed 13-Year-Old Andy Lopez, Court Rules",
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"content": "\u003cp>A jury could reasonably find that a Sonoma County sheriff's deputy used excessive force when he shot 13-year-old Andy Lopez to death on the outskirts of Santa Rosa nearly four years ago, a federal appellate court ruled Friday. Lopez was holding a realistic-looking toy rifle that resembled an AK-47 when he was fatally shot on Oct. 22, 2013.\u003c/p>\n\u003cp>The majority of a three-judge panel of the U.S. 9th Circuit Court of Appeals denied an attempt by attorneys representing Sgt. Erick Gelhaus and the county to throw out a civil lawsuit filed on behalf of Lopez's family.\u003c/p>\n\u003cp>Viewing disputed facts in a light most favorable to Lopez's family, as is required in order to dismiss a lawsuit before trial, the majority of the panel found \"Gelhaus deployed deadly force while Andy was standing on the sidewalk holding a [toy] gun that was pointed down at the ground. Gelhaus also shot Andy without having warned Andy that such force would be used and without observing any aggressive behavior. ... [A] reasonable jury could find that Gelhaus's use of deadly force was not objectively reasonable.\"\u003cbr>\n[contextly_sidebar id=\"y071KUXmv7OJ47XVmgZa3brsOfTHvEPs\"]\u003cbr>\nThe opinion continues: \"Andy did not pose an immediate threat to law enforcement officials and therefore the law was clearly established at the time of the shooting that Gelhaus's conduct was unconstitutional.\"\u003c/p>\n\u003cp>Gelhaus was cleared of criminal wrongdoing in separate findings by the \u003ca href=\"https://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\" rel=\"noopener noreferrer\">U.S. Department of Justice\u003c/a> and the Sonoma County \u003ca href=\"https://ww2.kqed.org/news/2014/07/07/no-charges-against-deputy-in-shooting-of-santa-rosa-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">District Attorney's Office\u003c/a> in July 2014.\u003c/p>\n\u003cp>The civil rights attorney representing Lopez's family said he was prepared to bring the case to trial in spring 2015.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It gets us out of appellate limbo,\" attorney Arnoldo Casillas said of the 9th Circuit opinion issued Friday. \"They surprised us with this appeal literally months before the trial and we've been in limbo for two years.\"\u003c/p>\n\u003cp>He said the ruling Friday was a \"gift from God\" for Lopez's family.\u003c/p>\n\u003cp>\"They were super emotional about the result and you know justice has been slow, creeping at glacial speed, but slowly, surely it will come,\" Casillas said.\u003c/p>\n\u003cp>Ana Salgado is a Santa Rosa community activist who grew close to Andy Lopez's family after he was shot. She said the 9th Circuit's decision Friday vindicated the family's position.\u003c/p>\n\u003cp>\"That proves that we were right, they were wrong,\" she said. \"That proves when you keep fighting for what is fair, things happen. And we knew it since the beginning, this was so wrong on so many levels.\u003c/p>\n\u003cp>An attorney representing Gelhaus and Sonoma County said his clients were \"disappointed\" in the appellate ruling, and he pointed out that Judge Clifford Wallace dissented from judges Milan Smith and Richard Clifton.\u003c/p>\n\u003cp>The county's legal argument centers on the legal doctrine of \"qualified immunity,\" which shields public officials from civil liability as long as their actions did not violate clearly established constitutional rights. The doctrine is often applied to civil lawsuits over law enforcement use of force.\u003c/p>\n\u003cp>\"Qualified immunity should apply when you have an officer in a life-or-death situation who has to make judgments about whether or not to use deadly force in essentially milliseconds,\" defendant's attorney Noah Blechman said. \"We’re evaluating our options,\" which could include an appeal to the U.S. Supreme Court.\u003c/p>\n\u003cp>The 9th Circuit opinion focuses on whether Lopez raised the toy rifle as he turned toward Gelhaus and his partner, Michael Schemmel.\u003c/p>\n\u003cp>From the 9th Circuit opinion, which cites the district (trial) court's findings:\u003c/p>\n\u003cblockquote>\u003cp>The court expressly found that it \"can conclude on that the rifle barrel was beginning to rise; and given that it started in a position where it was pointed down at the ground, it could have been raised to a slightly-higher level without posing any threat to the officers.\" ... Moreover, one would expect the barrel to rise an inch or so as the momentum of Andy's clockwise turn moved his left arm slightly away from his body. But that incidental movement alone would not compel a jury to conclude that Gelhaus faced imminent danger given the starting position of the gun. Furthermore, this interpretation is bolstered by Gelhaus's admission that the weapon would benignly \"swing somewhat\" with each step that Andy took.\"\u003c/p>\u003c/blockquote>\n\u003cp>During a video-recorded deposition of Gelhaus, the sheriff's sergeant was asked to re-enact Lopez's movements. \"The video depicts the gun in Gelhaus's fully-extended arm and at his side as he turns, consistently pointed straight down towards the ground,\" the appellate ruling says. \"Notably, if the weapon rose in a manner that was objectively threatening, one would think that Gelhaus would be eager to demonstrate the upward motion. Gelhaus's reenactment does not do so.\"\u003c/p>\n\u003cp>\"Like the trial court and the court of appeals said, you can’t shoot somebody,\" Casillas said. \"You call out to somebody, they turn around, they don’t point the gun at you, you can’t shoot.\"\u003c/p>\n\u003cp>He said he expects the case to go to trial at a federal court in Oakland within a year.\u003c/p>\n\u003cp>\u003cem>Read the 9th Circuit majority and dissenting opinions below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4059538-170922-USCA-Opinion-Lopez-v-Gelhaus\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A jury could reasonably find that a Sonoma County sheriff's deputy used excessive force when he shot 13-year-old Andy Lopez to death on the outskirts of Santa Rosa nearly four years ago, a federal appellate court ruled Friday. Lopez was holding a realistic-looking toy rifle that resembled an AK-47 when he was fatally shot on Oct. 22, 2013.\u003c/p>\n\u003cp>The majority of a three-judge panel of the U.S. 9th Circuit Court of Appeals denied an attempt by attorneys representing Sgt. Erick Gelhaus and the county to throw out a civil lawsuit filed on behalf of Lopez's family.\u003c/p>\n\u003cp>Viewing disputed facts in a light most favorable to Lopez's family, as is required in order to dismiss a lawsuit before trial, the majority of the panel found \"Gelhaus deployed deadly force while Andy was standing on the sidewalk holding a [toy] gun that was pointed down at the ground. Gelhaus also shot Andy without having warned Andy that such force would be used and without observing any aggressive behavior. ... [A] reasonable jury could find that Gelhaus's use of deadly force was not objectively reasonable.\"\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nThe opinion continues: \"Andy did not pose an immediate threat to law enforcement officials and therefore the law was clearly established at the time of the shooting that Gelhaus's conduct was unconstitutional.\"\u003c/p>\n\u003cp>Gelhaus was cleared of criminal wrongdoing in separate findings by the \u003ca href=\"https://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\" rel=\"noopener noreferrer\">U.S. Department of Justice\u003c/a> and the Sonoma County \u003ca href=\"https://ww2.kqed.org/news/2014/07/07/no-charges-against-deputy-in-shooting-of-santa-rosa-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">District Attorney's Office\u003c/a> in July 2014.\u003c/p>\n\u003cp>The civil rights attorney representing Lopez's family said he was prepared to bring the case to trial in spring 2015.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It gets us out of appellate limbo,\" attorney Arnoldo Casillas said of the 9th Circuit opinion issued Friday. \"They surprised us with this appeal literally months before the trial and we've been in limbo for two years.\"\u003c/p>\n\u003cp>He said the ruling Friday was a \"gift from God\" for Lopez's family.\u003c/p>\n\u003cp>\"They were super emotional about the result and you know justice has been slow, creeping at glacial speed, but slowly, surely it will come,\" Casillas said.\u003c/p>\n\u003cp>Ana Salgado is a Santa Rosa community activist who grew close to Andy Lopez's family after he was shot. She said the 9th Circuit's decision Friday vindicated the family's position.\u003c/p>\n\u003cp>\"That proves that we were right, they were wrong,\" she said. \"That proves when you keep fighting for what is fair, things happen. And we knew it since the beginning, this was so wrong on so many levels.\u003c/p>\n\u003cp>An attorney representing Gelhaus and Sonoma County said his clients were \"disappointed\" in the appellate ruling, and he pointed out that Judge Clifford Wallace dissented from judges Milan Smith and Richard Clifton.\u003c/p>\n\u003cp>The county's legal argument centers on the legal doctrine of \"qualified immunity,\" which shields public officials from civil liability as long as their actions did not violate clearly established constitutional rights. The doctrine is often applied to civil lawsuits over law enforcement use of force.\u003c/p>\n\u003cp>\"Qualified immunity should apply when you have an officer in a life-or-death situation who has to make judgments about whether or not to use deadly force in essentially milliseconds,\" defendant's attorney Noah Blechman said. \"We’re evaluating our options,\" which could include an appeal to the U.S. Supreme Court.\u003c/p>\n\u003cp>The 9th Circuit opinion focuses on whether Lopez raised the toy rifle as he turned toward Gelhaus and his partner, Michael Schemmel.\u003c/p>\n\u003cp>From the 9th Circuit opinion, which cites the district (trial) court's findings:\u003c/p>\n\u003cblockquote>\u003cp>The court expressly found that it \"can conclude on that the rifle barrel was beginning to rise; and given that it started in a position where it was pointed down at the ground, it could have been raised to a slightly-higher level without posing any threat to the officers.\" ... Moreover, one would expect the barrel to rise an inch or so as the momentum of Andy's clockwise turn moved his left arm slightly away from his body. But that incidental movement alone would not compel a jury to conclude that Gelhaus faced imminent danger given the starting position of the gun. Furthermore, this interpretation is bolstered by Gelhaus's admission that the weapon would benignly \"swing somewhat\" with each step that Andy took.\"\u003c/p>\u003c/blockquote>\n\u003cp>During a video-recorded deposition of Gelhaus, the sheriff's sergeant was asked to re-enact Lopez's movements. \"The video depicts the gun in Gelhaus's fully-extended arm and at his side as he turns, consistently pointed straight down towards the ground,\" the appellate ruling says. \"Notably, if the weapon rose in a manner that was objectively threatening, one would think that Gelhaus would be eager to demonstrate the upward motion. Gelhaus's reenactment does not do so.\"\u003c/p>\n\u003cp>\"Like the trial court and the court of appeals said, you can’t shoot somebody,\" Casillas said. \"You call out to somebody, they turn around, they don’t point the gun at you, you can’t shoot.\"\u003c/p>\n\u003cp>He said he expects the case to go to trial at a federal court in Oakland within a year.\u003c/p>\n\u003cp>\u003cem>Read the 9th Circuit majority and dissenting opinions below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Sonoma County Residents See Changes Years After Andy Lopez Death",
"title": "Sonoma County Residents See Changes Years After Andy Lopez Death",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Andy Lopez's death hit many Sonoma County residents and law enforcement officers hard. The 13-year-old was shot seven times by a sheriff's deputy who believed the toy gun the boy was carrying was a real AK-47. Lopez died at the scene, a tragic death by the field where he played regularly with siblings.\u003c/p>\n\u003cp>The Oct. 22, 2013 shooting \u003ca href=\"https://ww2.kqed.org/news/2013/10/29/andy-lopez/\">sparked protests, marches, vigils\u003c/a> and dozens of meetings in the weeks and months that followed, with many asking \u003cem>how\u003c/em> the county would respond.\u003c/p>\n\u003cp>Some residents demanded changes to policing tactics of largely Latino neighborhoods just outside the city of Santa Rosa. They wanted \u003ca href=\"https://ww2.kqed.org/forum/2015/12/11/santa-rosa-community-continues-to-call-for-police-reforms-after-shooting-of-andy-lopez/\">greater accountability\u003c/a> and oversight of law enforcement. But then, the fight turned to something broader.\u003c/p>\n\u003cp>Nearly three years after Lopez was shot, residents in his community say his death has empowered them to change a historical lack of investment by the county government in their neighborhood and other working-class unincorporated areas.\u003c/p>\n\u003cp>\"Since the Andy Lopez incident, the community has come together as one voice. It kind of woke us up,\" said 70-year-old Esther Lemus, who lives down the street from where Lopez died.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/283068902\" params=\"auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&visual=true\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\"When a community is behind you and is a team, your voice is heard but if you are only one person I don’t think you are going to be heard,\" Lemus said.\u003c/p>\n\u003cp>She recently saw the county public works department install lights on her street. Over the 46 years she had lived there, she said it was \"pitch black\" after sunset and very dangerous for pedestrians. The new street lights are part of several actions taken in response to a county survey of local residents' needs.\u003c/p>\n\u003cfigure id=\"attachment_11090778\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11090778\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/RS21135_IMG_0323-qut.jpg\" alt=\"Esther Lemus and Melonie Willis at Lemus' home in the Moorland neighborhood on July 29, 2016. Willis and Lemus pushed for more street lights and invited the Sheriff's Department to paint a community mural. \" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Esther Lemus and Melonie Willis at Lemus' home in the Moorland neighborhood on July 29, 2016. Willis and Lemus pushed for more street lights and invited the Sheriff's Department to paint a community mural. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sonoma County also created \u003ca href=\"http://sonomacounty.ca.gov/IOLERO/\" target=\"_blank\">an office\u003c/a> to review the sheriff's internal investigations of \u003ca href=\"https://ww2.kqed.org/news/2016/08/18/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old/\">civilian complaints against officers\u003c/a>. Its first director, attorney Jerry Threet, began auditing those investigations earlier this year, and said he is hopeful it will increase transparency and public trust in law enforcement, particularly among Latinos.\u003c/p>\n\u003cp>\u003cstrong>County To Build Andy's Unity Park\u003c/strong>\u003c/p>\n\u003cp>Other changes, like a memorial park for Lopez on the field where he died, are still in the works. The county plans to begin construction of the 4-acre, multimillion-dollar \u003ca href=\"http://parks.sonomacounty.ca.gov/About_Us/Project_Details/Moorland_Neighborhood_Park.aspx\" target=\"_blank\">project\u003c/a> by the end of the year. The design for the park's facilities, including a tot playground, skate park and community garden, incorporated input from dozens of youth and residents, like Ana Maria Salgado.\u003c/p>\n\u003cp>\"Andy deserves a place where he is recognized here,\" said Salgado in Spanish. \"Andy's Unity Park represents the hope that if we unite, there can be positive changes for our children and grandchildren.\"\u003c/p>\n\u003cp>Currently, residents of Lopez's neighborhood have to travel about 2 miles to reach the closest park facilities. So local kids often play in the field where Lopez was shot. Neighbors have donated plastic slides and other toys, which are spread out on the lot. A white makeshift memorial for Lopez, built by relatives and friends with wooden boards and a tent, still holds photos of a smiling Lopez, teddy bears and flowers.\u003c/p>\n\u003cp>\u003cstrong>The 'Forgotten Side'\u003c/strong>\u003c/p>\n\u003cp>Salgado, a stay-at-home mother of three, said Andy's Unity Park, once built, will have a big impact on the quality of life of hundreds of children and youth in the area, which she and neighbors call \"the forgotten side.\"\u003c/p>\n\u003cp>\"It's the forgotten side because there are so many things and services lacking that are plentiful on the other side,\" said Salgado, 48, referring to whiter and wealthier city neighborhoods across the freeway. \"Our youth don't have those same opportunities.\"\u003c/p>\n\u003cp>As elsewhere in the nation, significant educational, health and economic \u003ca href=\"http://www.measureofamerica.org/sonoma/\" target=\"_blank\">gaps persist\u003c/a> between Latinos and other better-off residents of Sonoma County. The Roseland area, next to Lopez's neighborhood, ranks near the bottom for life expectancy and well-being, compared to 50 other county census tracts in a 2014 county \u003ca href=\"http://ssrc-static.s3.amazonaws.com/wp-content/uploads/2015/08/05141006/English_Complete_POSC.pdf\" target=\"_blank\">report\u003c/a>.\u003c/p>\n\u003cp>For most of her life, Salgado had never been politically active. By her own accounts, she was timid and focused her energies mostly on her family. But she said Lopez's death moved her to become more vocal, putting in hours of volunteer work advocating for Andy's Unity Park and other changes. The shy stay-at-home mom has become a community activist.\u003c/p>\n\u003cp>\"This park has the heart of the community of Moorland and a lot of people that supported us. Here's their effort,\" Salgado said. \"It fills me with pride that children were able to contribute their voice and vote for this park project.\"\u003c/p>\n\u003cp>The county estimates the project will cost about $3.5 million, but that figure might change after construction bids are received, said Scott Wilkinson, a planner with the Sonoma Regional Parks Department.\u003c/p>\n\u003cp>\u003cstrong>Sheriffs, Neighbors Help Paint Mural\u003c/strong>\u003c/p>\n\u003cp>Blocks down from the park's proposed site on Moorland Avenue, local children also participated in the painting of a new mural, with a design that was voted on by neighbors.\u003c/p>\n\u003cp>The wall had been covered with graffiti on and off for years. The Sheriff's Office, tasked with cleaning up gang graffiti, would paint over it, but it'd come back in a matter of days, said Melonie Willis.\u003c/p>\n\u003cp>So she and Esther Lemus tried something different: painting a mural with residents and the Sheriff's Office. Three sheriff's employees responded to their invitation, in uniform. One of them brought his kid, too, Willis said.\u003c/p>\n\u003cfigure id=\"attachment_11090779\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11090779 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/RS21132_IMG_0306-qut.jpg\" alt=\"Melonie Willis at the mural she helped paint with Sheriff's employees and neighbors on Moorland Avenue, on July 29, 2016. \" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Melonie Willis at the mural she helped paint with neighbors and sheriff's employees on Moorland Avenue, on July 29, 2016. 'Getting to know them as people even though they were in uniform was really wonderful,' said Willis of the two-day project with the Sheriff's Office. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Painting the mural out there on the street, alongside officers and children, was a very positive experience, said Willis. It's a good step in thawing the distrust and fear some residents still feel toward the Sheriff's Department, she said.\u003c/p>\n\u003cp>\"Neither side are monsters and we need to interact with each other,\" said Willis, who wants more community policing to address crime in her neighborhood. \"One sheriff was saying, 'I'm having fun.' I hope some of the kids that were out there heard that, too, and got to see that side -- that OK, they are approachable, I can talk to them.\"\u003c/p>\n\u003cp>The mural shows doves of peace flying around a big tree. The words \"peace,\" \"community\" and \"respect\" were also painted.\u003c/p>\n\u003cp>\"We had 3-year-olds out here. It was really great,\" said Willis, who plans to involve neighbors and the Sheriff's Office again to paint more murals in the neighborhood.\u003c/p>\n\u003cp>The Sonoma County Board of Supervisors has approved about $2.6 million to fund that project and other recommendations from a \u003ca href=\"http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force/\" target=\"_blank\">task force\u003c/a> created to improve police-community relations and community healing in the aftermath of Lopez's death, said Efren Carrillo, chair of the board.\u003c/p>\n\u003cp>Those include Andy's Unity Park, the creation of the Independent Office of Law Enforcement Review and Outreach, and opening up staff positions at the Sheriff's Office to beef up training and internal investigations.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"It was the community that was galvanized that demanded us to address societal issues. But they made recommendations, too, that we were able to support,\" Carrillo said. \"That work doesn't stop, the discussion and the dialogue has to continue.\"\u003c/p>\n\n",
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"excerpt": "The legacy of the police shooting death of a 13-year-old nearly three years ago in Sonoma County may be a Latino community finding a greater political voice.",
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"title": "Sonoma County Residents See Changes Years After Andy Lopez Death | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Andy Lopez's death hit many Sonoma County residents and law enforcement officers hard. The 13-year-old was shot seven times by a sheriff's deputy who believed the toy gun the boy was carrying was a real AK-47. Lopez died at the scene, a tragic death by the field where he played regularly with siblings.\u003c/p>\n\u003cp>The Oct. 22, 2013 shooting \u003ca href=\"https://ww2.kqed.org/news/2013/10/29/andy-lopez/\">sparked protests, marches, vigils\u003c/a> and dozens of meetings in the weeks and months that followed, with many asking \u003cem>how\u003c/em> the county would respond.\u003c/p>\n\u003cp>Some residents demanded changes to policing tactics of largely Latino neighborhoods just outside the city of Santa Rosa. They wanted \u003ca href=\"https://ww2.kqed.org/forum/2015/12/11/santa-rosa-community-continues-to-call-for-police-reforms-after-shooting-of-andy-lopez/\">greater accountability\u003c/a> and oversight of law enforcement. But then, the fight turned to something broader.\u003c/p>\n\u003cp>Nearly three years after Lopez was shot, residents in his community say his death has empowered them to change a historical lack of investment by the county government in their neighborhood and other working-class unincorporated areas.\u003c/p>\n\u003cp>\"Since the Andy Lopez incident, the community has come together as one voice. It kind of woke us up,\" said 70-year-old Esther Lemus, who lives down the street from where Lopez died.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/283068902&visual=true&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&visual=true'\n title='https://api.soundcloud.com/tracks/283068902'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"When a community is behind you and is a team, your voice is heard but if you are only one person I don’t think you are going to be heard,\" Lemus said.\u003c/p>\n\u003cp>She recently saw the county public works department install lights on her street. Over the 46 years she had lived there, she said it was \"pitch black\" after sunset and very dangerous for pedestrians. The new street lights are part of several actions taken in response to a county survey of local residents' needs.\u003c/p>\n\u003cfigure id=\"attachment_11090778\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11090778\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/RS21135_IMG_0323-qut.jpg\" alt=\"Esther Lemus and Melonie Willis at Lemus' home in the Moorland neighborhood on July 29, 2016. Willis and Lemus pushed for more street lights and invited the Sheriff's Department to paint a community mural. \" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21135_IMG_0323-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Esther Lemus and Melonie Willis at Lemus' home in the Moorland neighborhood on July 29, 2016. Willis and Lemus pushed for more street lights and invited the Sheriff's Department to paint a community mural. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sonoma County also created \u003ca href=\"http://sonomacounty.ca.gov/IOLERO/\" target=\"_blank\">an office\u003c/a> to review the sheriff's internal investigations of \u003ca href=\"https://ww2.kqed.org/news/2016/08/18/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old/\">civilian complaints against officers\u003c/a>. Its first director, attorney Jerry Threet, began auditing those investigations earlier this year, and said he is hopeful it will increase transparency and public trust in law enforcement, particularly among Latinos.\u003c/p>\n\u003cp>\u003cstrong>County To Build Andy's Unity Park\u003c/strong>\u003c/p>\n\u003cp>Other changes, like a memorial park for Lopez on the field where he died, are still in the works. The county plans to begin construction of the 4-acre, multimillion-dollar \u003ca href=\"http://parks.sonomacounty.ca.gov/About_Us/Project_Details/Moorland_Neighborhood_Park.aspx\" target=\"_blank\">project\u003c/a> by the end of the year. The design for the park's facilities, including a tot playground, skate park and community garden, incorporated input from dozens of youth and residents, like Ana Maria Salgado.\u003c/p>\n\u003cp>\"Andy deserves a place where he is recognized here,\" said Salgado in Spanish. \"Andy's Unity Park represents the hope that if we unite, there can be positive changes for our children and grandchildren.\"\u003c/p>\n\u003cp>Currently, residents of Lopez's neighborhood have to travel about 2 miles to reach the closest park facilities. So local kids often play in the field where Lopez was shot. Neighbors have donated plastic slides and other toys, which are spread out on the lot. A white makeshift memorial for Lopez, built by relatives and friends with wooden boards and a tent, still holds photos of a smiling Lopez, teddy bears and flowers.\u003c/p>\n\u003cp>\u003cstrong>The 'Forgotten Side'\u003c/strong>\u003c/p>\n\u003cp>Salgado, a stay-at-home mother of three, said Andy's Unity Park, once built, will have a big impact on the quality of life of hundreds of children and youth in the area, which she and neighbors call \"the forgotten side.\"\u003c/p>\n\u003cp>\"It's the forgotten side because there are so many things and services lacking that are plentiful on the other side,\" said Salgado, 48, referring to whiter and wealthier city neighborhoods across the freeway. \"Our youth don't have those same opportunities.\"\u003c/p>\n\u003cp>As elsewhere in the nation, significant educational, health and economic \u003ca href=\"http://www.measureofamerica.org/sonoma/\" target=\"_blank\">gaps persist\u003c/a> between Latinos and other better-off residents of Sonoma County. The Roseland area, next to Lopez's neighborhood, ranks near the bottom for life expectancy and well-being, compared to 50 other county census tracts in a 2014 county \u003ca href=\"http://ssrc-static.s3.amazonaws.com/wp-content/uploads/2015/08/05141006/English_Complete_POSC.pdf\" target=\"_blank\">report\u003c/a>.\u003c/p>\n\u003cp>For most of her life, Salgado had never been politically active. By her own accounts, she was timid and focused her energies mostly on her family. But she said Lopez's death moved her to become more vocal, putting in hours of volunteer work advocating for Andy's Unity Park and other changes. The shy stay-at-home mom has become a community activist.\u003c/p>\n\u003cp>\"This park has the heart of the community of Moorland and a lot of people that supported us. Here's their effort,\" Salgado said. \"It fills me with pride that children were able to contribute their voice and vote for this park project.\"\u003c/p>\n\u003cp>The county estimates the project will cost about $3.5 million, but that figure might change after construction bids are received, said Scott Wilkinson, a planner with the Sonoma Regional Parks Department.\u003c/p>\n\u003cp>\u003cstrong>Sheriffs, Neighbors Help Paint Mural\u003c/strong>\u003c/p>\n\u003cp>Blocks down from the park's proposed site on Moorland Avenue, local children also participated in the painting of a new mural, with a design that was voted on by neighbors.\u003c/p>\n\u003cp>The wall had been covered with graffiti on and off for years. The Sheriff's Office, tasked with cleaning up gang graffiti, would paint over it, but it'd come back in a matter of days, said Melonie Willis.\u003c/p>\n\u003cp>So she and Esther Lemus tried something different: painting a mural with residents and the Sheriff's Office. Three sheriff's employees responded to their invitation, in uniform. One of them brought his kid, too, Willis said.\u003c/p>\n\u003cfigure id=\"attachment_11090779\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11090779 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/RS21132_IMG_0306-qut.jpg\" alt=\"Melonie Willis at the mural she helped paint with Sheriff's employees and neighbors on Moorland Avenue, on July 29, 2016. \" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/RS21132_IMG_0306-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Melonie Willis at the mural she helped paint with neighbors and sheriff's employees on Moorland Avenue, on July 29, 2016. 'Getting to know them as people even though they were in uniform was really wonderful,' said Willis of the two-day project with the Sheriff's Office. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Painting the mural out there on the street, alongside officers and children, was a very positive experience, said Willis. It's a good step in thawing the distrust and fear some residents still feel toward the Sheriff's Department, she said.\u003c/p>\n\u003cp>\"Neither side are monsters and we need to interact with each other,\" said Willis, who wants more community policing to address crime in her neighborhood. \"One sheriff was saying, 'I'm having fun.' I hope some of the kids that were out there heard that, too, and got to see that side -- that OK, they are approachable, I can talk to them.\"\u003c/p>\n\u003cp>The mural shows doves of peace flying around a big tree. The words \"peace,\" \"community\" and \"respect\" were also painted.\u003c/p>\n\u003cp>\"We had 3-year-olds out here. It was really great,\" said Willis, who plans to involve neighbors and the Sheriff's Office again to paint more murals in the neighborhood.\u003c/p>\n\u003cp>The Sonoma County Board of Supervisors has approved about $2.6 million to fund that project and other recommendations from a \u003ca href=\"http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force/\" target=\"_blank\">task force\u003c/a> created to improve police-community relations and community healing in the aftermath of Lopez's death, said Efren Carrillo, chair of the board.\u003c/p>\n\u003cp>Those include Andy's Unity Park, the creation of the Independent Office of Law Enforcement Review and Outreach, and opening up staff positions at the Sheriff's Office to beef up training and internal investigations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It was the community that was galvanized that demanded us to address societal issues. But they made recommendations, too, that we were able to support,\" Carrillo said. \"That work doesn't stop, the discussion and the dialogue has to continue.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Veterans, Supporters Defend Sonoma Sergeant Who Killed Andy Lopez",
"title": "Veterans, Supporters Defend Sonoma Sergeant Who Killed Andy Lopez",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>A group of U.S. Army veterans and other supporters of Sonoma County Sheriff's Sgt. Erick Gelhaus have launched a campaign defending the reputation of the recently promoted deputy, who was cleared of criminal and civil rights violations by local and \u003ca href=\"http://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\">federal\u003c/a> investigations of his fatal shooting of 13-year-old Andy Lopez in October 2013.\u003c/p>\n\u003cp>The shooting on the outskirts of Santa Rosa sparked large protests and galvanized Latinos and other residents who believe Lopez's death was unjustified. Gelhaus' colleagues in the Sheriff's Department and other supporters say the case still haunts the officer, who has endured scrutiny, criticism and resentment since Lopez's death.\u003c/p>\n\u003cp>\"For people to continue beating Erick up and call him vile things on the basis of a worst-case-scenario decision is just completely unfair,\" said Robert Parry, Gelhaus' former platoon leader in Baghdad in 2005 and spokesman for the campaign \"Stand With Erick.\" It's a project of Parry's Cop PRotect, which offers reputation protection for law enforcement officers against a \"growing anti-cop industry,\" according to the firm's \u003ca href=\"https://www.copprotect.com/reputation-protection\" target=\"_blank\">website\u003c/a>.\u003c/p>\n\u003cp>Parry hopes to raise $15,000 through an \u003ca href=\"http://www.standwitherick.org/\" target=\"_blank\">online campaign\u003c/a> to \"help educate the public about Erick and the truth about his incident.\" He had collected $650 in donations as of Sept. 1.\u003c/p>\n\u003cp>The campaign comes amid backlash over Sheriff Steve Freitas' decision to \u003ca href=\"https://ww2.kqed.org/news/2016/08/04/sonoma-county-sheriff-promotes-deputy-who-shot-andy-lopez/\" target=\"_blank\">promote Gelhaus to sergeant\u003c/a> in May and increasing scrutiny of law enforcement agencies nationwide, sparked by videos of police-involved shootings of unarmed people.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>After KQED first reported Gelhaus' promotion last month, dozens of protesters \u003ca href=\"https://ww2.kqed.org/news/2016/08/18/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old/\" target=\"_blank\">renewed calls\u003c/a> for him to be put on a desk job, transferred or fired.\u003c/p>\n\u003cp>Gelhaus' promotion is final, according to the sheriff's office. Freitas believes the officer is \"clearly deserving\" of the promotion to supervisor, given his 26 years in law enforcement and awards for service, such as the office's medal of valor for pulling a suspect from a burning car, said Sgt. Spencer Crum.\u003c/p>\n\u003cp>In his new role, Gelhaus supervises eight to 10 deputies on a given shift.\u003c/p>\n\u003cp>In 2014, members of a county task force to improve police-community relations after Lopez's death urged Freitas to \u003ca href=\"http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force/Interim-Recommendation-October-2014/\" target=\"_blank\">consider removing\u003c/a> Gelhaus from street patrol due to public concerns.\u003c/p>\n\u003cp>Freitas responded that there were no legal reasons to keep Gelhaus from patrol duty as he was cleared of any criminal wrongdoing by the Sonoma County district attorney, and an internal investigation had also determined the officer did not violate any sheriff's office policies.\u003c/p>\n\u003cp>\"The Sheriff's Office and I have received literally hundreds of calls, letters of support, and personal interactions with the public that expressed support for Deputy Gelhaus' return to patrol duty,\" Freitas' \u003ca href=\"http://sonomacounty.ca.gov/_templates_portal/NewsDetail.aspx?id=2147499758\" target=\"_blank\">written response\u003c/a> says. \"This includes neighborhoods throughout the entire County. As Sheriff I am elected by the County as a whole and must balance needs for all citizens.\"\u003c/p>\n\u003cp>\u003cstrong>Gelhaus Cleared After Investigation\u003c/strong>\u003c/p>\n\u003cp>To Parry, Lopez's death on the afternoon of Oct. 22, 2013, \"was a terrible thing.\" But he said other officers would have reacted in a similar way, given the circumstances.\u003c/p>\n\u003cp>According to the county district attorney's \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">report\u003c/a>, the whole incident -- from the time Gelhaus spotted Lopez and called for backup to reports of shots being fired -- lasted about 19 seconds. As Lopez was walking away from sheriff's deputies, Gelhaus, an experienced firearms instructor, believed that the teen's replica gun was real and called out to Lopez to drop the gun.\u003c/p>\n\u003cp>Both officers told investigators that Lopez still held the perceived weapon as he began to turn around, and \"the barrel, which had been pointed down, began to ascend,\" according to the report. That's when Gelhaus began to fire. He shot Lopez seven times, and the teen died at the scene.\u003c/p>\n\u003cp>The district attorney's report concludes that no charges against Gelhaus were warranted because, given his training and experience, the officer believed he was faced with a \"'do or die dilemma.\"\u003c/p>\n\u003cp>\"You can bring a rifle from down to shooting in less than a second,\" said Parry. \"So when does Erick Gelhaus get to make a decision on whether he’s going to live and die? Does he have to listen to the first round go by his head, hope it doesn’t hit him square in the forehead? When does he get to defend himself from somebody raising a rifle at him?\"\u003c/p>\n\u003cp>\u003cstrong>Critics Question Promotion, Efficacy of Investigations\u003c/strong>\u003c/p>\n\u003cp>Susan Lamont, from the Justice Coalition for Andy Lopez, said her group also presented the sheriff with a petition with over 2,500 signatures calling for Gelhaus to be removed from patrol. She is not surprised that fellow veterans support Gelhaus.\u003c/p>\n\u003cp>\"They act as though killing 'just one person' makes it all OK -- certainly a leniency they don't grant to others\" outside of law enforcement, said Lamont. \"They say no complaints have been sustained against him. But complaints are almost never sustained against officers, no matter what they do.\"\u003c/p>\n\u003cp>Others say the officer pulled his weapon hastily in his encounter with Lopez, and that it wasn't the first time. Santa Rosa resident Jeffrey Westbrook alleges that during a 2013 traffic stop, Gelhaus pointed a gun at him and a passenger in his car without reasonable cause.\u003c/p>\n\u003cp>\"I felt very victimized, disrespected,\" said Westbrook, who had been driving to work at an IT company. \"The man from the minute he pulled us over had no dialogue with us, didn't explain why we're pulled over. He was just in haste to pull his weapon out.\"\u003c/p>\n\u003cp>Westbrook filed a complaint with the Sheriff’s Office and disputed the ticket Gelhaus gave him — for an allegedly unsafe lane change.\u003c/p>\n\u003cp>While a Sonoma County Superior Court judge threw the ticket out, the sheriff’s internal affairs unit found Westbrook's complaint unfounded. Westbrook said he has little confidence the investigation was unbiased.\u003c/p>\n\u003cp>\"It's just sheriffs investigating sheriffs,\" he said.\u003c/p>\n\u003cp>In California, law enforcement agencies\u003ca href=\"https://oag.ca.gov/government/about\" target=\"_blank\"> are required\u003c/a> to have a procedure to investigate citizens' complaints. But the state has some of the most restrictive laws in the U.S., which prevent the public from accessing a law enforcement officers' personnel records, according to an \u003ca href=\"http://www.wnyc.org/story/police-misconduct-records/\" target=\"_blank\">investigation by WNYC Public Radio\u003c/a>.\u003c/p>\n\u003cp>Recent bills seeking to open up police misconduct records in some of the most egregious cases have failed, including \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1286\" target=\"_blank\">SB 1286\u003c/a> by state Sen. Mark Leno (D-San Francisco), which died in committee in May.\u003c/p>\n\u003cp>That leaves people who seek greater accountability and transparency for their law enforcement agencies \"nibbling at the edges,\" said Lamont.\u003c/p>\n\u003cp>\"We certainly need legal changes because law enforcement here in California have been working for decades to protect law enforcement from any oversight by citizens or even the rest of the government and to keep their records secret,\" she said.\u003c/p>\n\u003cp>\u003cstrong>New Office Reviews Investigations of Complaints\u003c/strong>\u003c/p>\n\u003cp>In an effort to increase public trust, the county hired a civilian auditor to review the sheriff's investigations of the public's complaints against officers. It was set up as a direct result of nearly two years of community meetings after Lopez's death.\u003c/p>\n\u003cp>Members of the public can now submit their complaints at the more neutral \u003ca href=\"http://sonomacounty.ca.gov/IOLERO/\" target=\"_blank\">Independent Office of Law Enforcement Review and Outreach\u003c/a> instead of at the sheriff's department, said Jerry Threet, who began working as the office's first director in April.\u003c/p>\n\u003cp>Threet said he will be able to watch investigations as they unfold, and have access to body-cam videos, recordings of interviews with witnesses and documents to determine whether his office agrees with the findings or not.\u003c/p>\n\u003cp>Threet can’t require the sheriff to discipline deputies, and lacks the power to conduct a separate investigation of alleged officer misconduct. But he said his office, which is also recruiting a civilian advisory board to give input to the sheriff's office about its policies, is an important step to improve what he called a \"breakdown of trust between law enforcement and the community.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"Sheriffs can't do effective policing unless they have cooperation from the communities that they're working with,\" Threet said.\u003c/p>\n\n",
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"excerpt": "'Stand With Erick' campaign comes amid backlash over deputy's promotion to sergeant.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A group of U.S. Army veterans and other supporters of Sonoma County Sheriff's Sgt. Erick Gelhaus have launched a campaign defending the reputation of the recently promoted deputy, who was cleared of criminal and civil rights violations by local and \u003ca href=\"http://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\">federal\u003c/a> investigations of his fatal shooting of 13-year-old Andy Lopez in October 2013.\u003c/p>\n\u003cp>The shooting on the outskirts of Santa Rosa sparked large protests and galvanized Latinos and other residents who believe Lopez's death was unjustified. Gelhaus' colleagues in the Sheriff's Department and other supporters say the case still haunts the officer, who has endured scrutiny, criticism and resentment since Lopez's death.\u003c/p>\n\u003cp>\"For people to continue beating Erick up and call him vile things on the basis of a worst-case-scenario decision is just completely unfair,\" said Robert Parry, Gelhaus' former platoon leader in Baghdad in 2005 and spokesman for the campaign \"Stand With Erick.\" It's a project of Parry's Cop PRotect, which offers reputation protection for law enforcement officers against a \"growing anti-cop industry,\" according to the firm's \u003ca href=\"https://www.copprotect.com/reputation-protection\" target=\"_blank\">website\u003c/a>.\u003c/p>\n\u003cp>Parry hopes to raise $15,000 through an \u003ca href=\"http://www.standwitherick.org/\" target=\"_blank\">online campaign\u003c/a> to \"help educate the public about Erick and the truth about his incident.\" He had collected $650 in donations as of Sept. 1.\u003c/p>\n\u003cp>The campaign comes amid backlash over Sheriff Steve Freitas' decision to \u003ca href=\"https://ww2.kqed.org/news/2016/08/04/sonoma-county-sheriff-promotes-deputy-who-shot-andy-lopez/\" target=\"_blank\">promote Gelhaus to sergeant\u003c/a> in May and increasing scrutiny of law enforcement agencies nationwide, sparked by videos of police-involved shootings of unarmed people.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After KQED first reported Gelhaus' promotion last month, dozens of protesters \u003ca href=\"https://ww2.kqed.org/news/2016/08/18/santa-rosa-residents-wonder-why-promote-deputy-who-shot-13-year-old/\" target=\"_blank\">renewed calls\u003c/a> for him to be put on a desk job, transferred or fired.\u003c/p>\n\u003cp>Gelhaus' promotion is final, according to the sheriff's office. Freitas believes the officer is \"clearly deserving\" of the promotion to supervisor, given his 26 years in law enforcement and awards for service, such as the office's medal of valor for pulling a suspect from a burning car, said Sgt. Spencer Crum.\u003c/p>\n\u003cp>In his new role, Gelhaus supervises eight to 10 deputies on a given shift.\u003c/p>\n\u003cp>In 2014, members of a county task force to improve police-community relations after Lopez's death urged Freitas to \u003ca href=\"http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force/Interim-Recommendation-October-2014/\" target=\"_blank\">consider removing\u003c/a> Gelhaus from street patrol due to public concerns.\u003c/p>\n\u003cp>Freitas responded that there were no legal reasons to keep Gelhaus from patrol duty as he was cleared of any criminal wrongdoing by the Sonoma County district attorney, and an internal investigation had also determined the officer did not violate any sheriff's office policies.\u003c/p>\n\u003cp>\"The Sheriff's Office and I have received literally hundreds of calls, letters of support, and personal interactions with the public that expressed support for Deputy Gelhaus' return to patrol duty,\" Freitas' \u003ca href=\"http://sonomacounty.ca.gov/_templates_portal/NewsDetail.aspx?id=2147499758\" target=\"_blank\">written response\u003c/a> says. \"This includes neighborhoods throughout the entire County. As Sheriff I am elected by the County as a whole and must balance needs for all citizens.\"\u003c/p>\n\u003cp>\u003cstrong>Gelhaus Cleared After Investigation\u003c/strong>\u003c/p>\n\u003cp>To Parry, Lopez's death on the afternoon of Oct. 22, 2013, \"was a terrible thing.\" But he said other officers would have reacted in a similar way, given the circumstances.\u003c/p>\n\u003cp>According to the county district attorney's \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">report\u003c/a>, the whole incident -- from the time Gelhaus spotted Lopez and called for backup to reports of shots being fired -- lasted about 19 seconds. As Lopez was walking away from sheriff's deputies, Gelhaus, an experienced firearms instructor, believed that the teen's replica gun was real and called out to Lopez to drop the gun.\u003c/p>\n\u003cp>Both officers told investigators that Lopez still held the perceived weapon as he began to turn around, and \"the barrel, which had been pointed down, began to ascend,\" according to the report. That's when Gelhaus began to fire. He shot Lopez seven times, and the teen died at the scene.\u003c/p>\n\u003cp>The district attorney's report concludes that no charges against Gelhaus were warranted because, given his training and experience, the officer believed he was faced with a \"'do or die dilemma.\"\u003c/p>\n\u003cp>\"You can bring a rifle from down to shooting in less than a second,\" said Parry. \"So when does Erick Gelhaus get to make a decision on whether he’s going to live and die? Does he have to listen to the first round go by his head, hope it doesn’t hit him square in the forehead? When does he get to defend himself from somebody raising a rifle at him?\"\u003c/p>\n\u003cp>\u003cstrong>Critics Question Promotion, Efficacy of Investigations\u003c/strong>\u003c/p>\n\u003cp>Susan Lamont, from the Justice Coalition for Andy Lopez, said her group also presented the sheriff with a petition with over 2,500 signatures calling for Gelhaus to be removed from patrol. She is not surprised that fellow veterans support Gelhaus.\u003c/p>\n\u003cp>\"They act as though killing 'just one person' makes it all OK -- certainly a leniency they don't grant to others\" outside of law enforcement, said Lamont. \"They say no complaints have been sustained against him. But complaints are almost never sustained against officers, no matter what they do.\"\u003c/p>\n\u003cp>Others say the officer pulled his weapon hastily in his encounter with Lopez, and that it wasn't the first time. Santa Rosa resident Jeffrey Westbrook alleges that during a 2013 traffic stop, Gelhaus pointed a gun at him and a passenger in his car without reasonable cause.\u003c/p>\n\u003cp>\"I felt very victimized, disrespected,\" said Westbrook, who had been driving to work at an IT company. \"The man from the minute he pulled us over had no dialogue with us, didn't explain why we're pulled over. He was just in haste to pull his weapon out.\"\u003c/p>\n\u003cp>Westbrook filed a complaint with the Sheriff’s Office and disputed the ticket Gelhaus gave him — for an allegedly unsafe lane change.\u003c/p>\n\u003cp>While a Sonoma County Superior Court judge threw the ticket out, the sheriff’s internal affairs unit found Westbrook's complaint unfounded. Westbrook said he has little confidence the investigation was unbiased.\u003c/p>\n\u003cp>\"It's just sheriffs investigating sheriffs,\" he said.\u003c/p>\n\u003cp>In California, law enforcement agencies\u003ca href=\"https://oag.ca.gov/government/about\" target=\"_blank\"> are required\u003c/a> to have a procedure to investigate citizens' complaints. But the state has some of the most restrictive laws in the U.S., which prevent the public from accessing a law enforcement officers' personnel records, according to an \u003ca href=\"http://www.wnyc.org/story/police-misconduct-records/\" target=\"_blank\">investigation by WNYC Public Radio\u003c/a>.\u003c/p>\n\u003cp>Recent bills seeking to open up police misconduct records in some of the most egregious cases have failed, including \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1286\" target=\"_blank\">SB 1286\u003c/a> by state Sen. Mark Leno (D-San Francisco), which died in committee in May.\u003c/p>\n\u003cp>That leaves people who seek greater accountability and transparency for their law enforcement agencies \"nibbling at the edges,\" said Lamont.\u003c/p>\n\u003cp>\"We certainly need legal changes because law enforcement here in California have been working for decades to protect law enforcement from any oversight by citizens or even the rest of the government and to keep their records secret,\" she said.\u003c/p>\n\u003cp>\u003cstrong>New Office Reviews Investigations of Complaints\u003c/strong>\u003c/p>\n\u003cp>In an effort to increase public trust, the county hired a civilian auditor to review the sheriff's investigations of the public's complaints against officers. It was set up as a direct result of nearly two years of community meetings after Lopez's death.\u003c/p>\n\u003cp>Members of the public can now submit their complaints at the more neutral \u003ca href=\"http://sonomacounty.ca.gov/IOLERO/\" target=\"_blank\">Independent Office of Law Enforcement Review and Outreach\u003c/a> instead of at the sheriff's department, said Jerry Threet, who began working as the office's first director in April.\u003c/p>\n\u003cp>Threet said he will be able to watch investigations as they unfold, and have access to body-cam videos, recordings of interviews with witnesses and documents to determine whether his office agrees with the findings or not.\u003c/p>\n\u003cp>Threet can’t require the sheriff to discipline deputies, and lacks the power to conduct a separate investigation of alleged officer misconduct. But he said his office, which is also recruiting a civilian advisory board to give input to the sheriff's office about its policies, is an important step to improve what he called a \"breakdown of trust between law enforcement and the community.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Sheriffs can't do effective policing unless they have cooperation from the communities that they're working with,\" Threet said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Santa Rosa Residents Ask: Why Promote Deputy Who Killed Teen?",
"title": "Santa Rosa Residents Ask: Why Promote Deputy Who Killed Teen?",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Dozens of people took to the streets in downtown Santa Rosa last week to protest the news that \u003ca href=\"https://ww2.kqed.org/news/2016/08/04/sonoma-county-sheriff-promotes-deputy-who-shot-andy-lopez/\" target=\"_blank\">Sonoma County Sheriff Steve Freitas had promoted Erick Gelhaus\u003c/a>, the deputy who was not charged with any criminal wrongdoing after he shot and killed 13-year-old Andy Lopez in 2013.\u003c/p>\n\u003cp>\"The promotion of Gelhaus is disgraceful,\" said Courtney Cox, 21, a Santa Rosa Junior College student. \"Freitas needs to demote this person, he needs to fire Gelhaus.\"\u003c/p>\n\u003cp>But to Freitas and others in the department, Gelhaus is highly qualified for his new job as a sergeant supervising eight to 10 deputies on a shift. Gelhaus applied for the position, and the Sheriff's Office cited his 26 years of experience in the department and numerous awards during his service career as top reasons for Gelhaus' rise in rank.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/278836245\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\"The sheriff believes that Erick is clearly deserving of a promotion to supervisor,\" wrote Sgt. Spencer Crum. \"Erick continues to serve his community on patrol with dignity, pride and respect.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gelhaus' pay increased 10 percent from $49.19 to $55 per hour. In 2015, he was paid more than $134,000, including overtime, according to state salary records on \u003ca href=\"http://transparentcalifornia.com/salaries/2015/sonoma-county/erick-gelhaus/\" target=\"_blank\">Transparent California\u003c/a>.\u003c/p>\n\u003cp>Michael Vail, president of the Sonoma County Sheriff's Deputy Association, fully backs Gelhaus' promotion.\u003c/p>\n\u003cp>\"We are very proud of him and what he has done for this office and for the community in the years of his service,\" Vail said.\u003c/p>\n\u003cp>Vail said the Lopez death was a \"tragedy for everyone involved, including Erick,\" but that Gelhaus acted within the scope of the law.\u003c/p>\n\u003cp>On the afternoon of Oct. 22, 2013, Gelhaus shot Lopez seven times after mistaking the replica gun the teen was carrying for a real AK-47. According to the county district attorney’s \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">report\u003c/a>, the whole incident -- from Gelhaus' spotting Lopez and calling for backup to reports of shots fired -- took about 19 seconds.\u003c/p>\n\u003cp>Gelhaus, an experienced firearms instructor and U.S. Army veteran, later told investigators he feared for his life. Lopez's replica gun lacked an orange tip meant to identify it as a toy gun.\u003c/p>\n\u003cp>A federal lawsuit by Lopez's family against Gelhaus and Sonoma County is still in court. But the Sonoma County district attorney determined criminal charges against Gelhaus were not warranted. The U.S. Department of Justice also \u003ca href=\"http://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\">cleared\u003c/a> Gelhaus of civil rights violations after its investigation.\u003c/p>\n\u003cp>Still, the perception of Gelhaus among local civilians can be drastically different than the view inside the Sheriff's Office.\u003c/p>\n\u003cfigure id=\"attachment_11054251\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11054251 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/RS20792_IMG_0235-qut.jpg\" alt=\"Concepcion Dominguez cleans a memorial for Andy Lopez on July 26, 2016 at the site of his death on a lot he used to play in. Dominguez, a former neighbor of Lopez's, says she would prefer Gelhaus be kept off street patrol. "It's too dangerous" for residents,\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Concepcion Dominguez cleans a memorial for Andy Lopez on July 26, 2016 at the site of his death on a lot he used to play in. Dominguez, a former neighbor of Lopez's, says she would prefer Gelhaus be kept off street patrol. \"It's too dangerous for residents,\" she says. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2014, members of a county task force to improve police-community relations after the Lopez incident sent Sheriff Freitas a letter urging him to remove Gelhaus from street patrol due to public concerns.\u003c/p>\n\u003cp>Residents like Gloria Hernandez, who had known Lopez since he was a little boy, said Freitas' decision to promote Gelhaus in May further erodes her trust in law enforcement.\u003c/p>\n\u003cp>\"We feel hurt, we feel frustrated, with so much pain in seeing how the child died like that,\" said Hernandez in Spanish. \"So we say, what trust are we going to have in them? None. This way? None.\"\u003c/p>\n\u003cp>\u003cstrong>Separate Civilian Complaint Against Gelhaus Before Lopez's Death\u003c/strong>\u003c/p>\n\u003cp>Jeffrey Westbrook, who has lived in Santa Rosa since 2007, says the first-ever encounter he had with Gelhaus during a traffic stop left him with serious concerns.\u003c/p>\n\u003cp>Westbrook had been driving his black BMW the morning of Aug. 21, 2013, heading to work at an IT company. He alleges that during the stop, Gelhaus pointed a gun at him without reasonable cause.\u003c/p>\n\u003cp>\"Seeing a weapon put in your face ... I was speechless. I mean my hands went in the air,\" said Westbrook, 60. \"My passenger looked up and said 'Oh my God. We almost got killed.'\"\u003c/p>\n\u003cp>Westbrook disputed the ticket Gelhaus gave him -- for an allegedly unsafe lane change -- and a Sonoma County Superior Court judge later threw it out.\u003c/p>\n\u003cp>Westbrook also filed a complaint with the Sheriff's Office and received a response a few months later. The sheriff's internal affairs unit wrote to him that its investigation determined the complaint unfounded.\u003c/p>\n\u003cp>Because that traffic stop occurred just two months before Gelhaus shot Lopez, Westbrook says he often laments not complaining more vigorously.\u003c/p>\n\u003cp>\"If I had gone down there and waved my arms like a big gorilla and caused hell maybe they would have pulled (Gelhaus) aside,\" Westbrook said. \"Maybe that kid would still be alive.\"\u003c/p>\n\u003cfigure id=\"attachment_11054250\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11054250 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/RS20790_IMG_0360-qut.jpg\" alt=\"Jeffrey Westbrook at his home in Santa Rosa. The Sonoma County Sheriff's Office ruled Westbrook's complaint against Gelhaus in 2013 was unfounded. Westbrook alleges Gelhaus pointed a gun at him in haste and without reasonable cause during a traffic stop.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Jeffrey Westbrook at his home in Santa Rosa. Westbrook alleges Gelhaus was too quick to point a gun at him during a traffic stop in 2013, without reasonable cause. \"I wasn't treated with any respect,\" Westbrook says. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Civilian Complaints 'Almost Never' Affect Promotions\u003c/strong>\u003c/p>\n\u003cp>Peter Keane, a former chief assistant public defender and police commissioner in San Francisco, says that length of service and the popularity of officers among colleagues matters much more than civilian complaints for promotions in most law enforcement agencies nationwide.\u003c/p>\n\u003cp>\"Promotion within that agency and the way those officers move up is almost never affected by whether or not there have been any kind of complaints against the officer,\" said Keane, who has nearly 50 years of experience with the criminal justice system.\u003c/p>\n\u003cp>Keane has seen that even when counties and cities have paid out large sums for civil lawsuits because of an officer's misconduct, managers still promote that officer through the ranks.\u003c/p>\n\u003cp>The impact, according to Keane, is less accountability and less safety because civilians often won't trust their law enforcement agency enough to report crimes.\u003c/p>\n\u003cp>\u003cstrong>Brand-New Independent Auditor of Complaints\u003c/strong>\u003c/p>\n\u003cp>In an effort to increase public trust, Sonoma County has opened a county office to audit the sheriff's investigations of civilian complaints against officers. It was set up as a direct result of nearly two years of community meetings after Andy Lopez's death.\u003c/p>\n\u003cp>\"There's a fair amount of folks who don't trust the process and think it's officers investigating themselves and so they have concerns,\" said Jerry Threet, who directs the \u003ca href=\"http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force/News/Recruitment-Survey/\" target=\"_blank\">Independent Office of Law Enforcement Review and Outreach\u003c/a>, with a budget of about $550,000 in its first year.\u003c/p>\n\u003cp>Threet says he'll be able to watch sheriff's investigations as they are happening. He says he and one assistant -- the office's total staff -- will have access to body-cam videos, recordings of interviews with witnesses and documents to determine if investigations are unbiased and thorough.\u003c/p>\n\u003cp>\"Our office will say whether we agree with those findings or whether we think that they're incorrect and there should have been a different finding on the complaint,\" said Threet, a former San Francisco deputy city attorney.\u003c/p>\n\u003cp>Threet can't require the sheriff to discipline deputies. But citizens can now bring complaints to Threet so he can follow up.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"The sheriff's department fully understands that there is a challenge right now with community relations, particularly with the Latino community ... and they are eager to start grappling with that,\" Threet said.\u003c/p>\n\n",
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"excerpt": "Sonoma County sheriff cites Erick Gelhaus' 26 years of experience as top reason for promotion.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Dozens of people took to the streets in downtown Santa Rosa last week to protest the news that \u003ca href=\"https://ww2.kqed.org/news/2016/08/04/sonoma-county-sheriff-promotes-deputy-who-shot-andy-lopez/\" target=\"_blank\">Sonoma County Sheriff Steve Freitas had promoted Erick Gelhaus\u003c/a>, the deputy who was not charged with any criminal wrongdoing after he shot and killed 13-year-old Andy Lopez in 2013.\u003c/p>\n\u003cp>\"The promotion of Gelhaus is disgraceful,\" said Courtney Cox, 21, a Santa Rosa Junior College student. \"Freitas needs to demote this person, he needs to fire Gelhaus.\"\u003c/p>\n\u003cp>But to Freitas and others in the department, Gelhaus is highly qualified for his new job as a sergeant supervising eight to 10 deputies on a shift. Gelhaus applied for the position, and the Sheriff's Office cited his 26 years of experience in the department and numerous awards during his service career as top reasons for Gelhaus' rise in rank.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/278836245&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/278836245'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"The sheriff believes that Erick is clearly deserving of a promotion to supervisor,\" wrote Sgt. Spencer Crum. \"Erick continues to serve his community on patrol with dignity, pride and respect.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gelhaus' pay increased 10 percent from $49.19 to $55 per hour. In 2015, he was paid more than $134,000, including overtime, according to state salary records on \u003ca href=\"http://transparentcalifornia.com/salaries/2015/sonoma-county/erick-gelhaus/\" target=\"_blank\">Transparent California\u003c/a>.\u003c/p>\n\u003cp>Michael Vail, president of the Sonoma County Sheriff's Deputy Association, fully backs Gelhaus' promotion.\u003c/p>\n\u003cp>\"We are very proud of him and what he has done for this office and for the community in the years of his service,\" Vail said.\u003c/p>\n\u003cp>Vail said the Lopez death was a \"tragedy for everyone involved, including Erick,\" but that Gelhaus acted within the scope of the law.\u003c/p>\n\u003cp>On the afternoon of Oct. 22, 2013, Gelhaus shot Lopez seven times after mistaking the replica gun the teen was carrying for a real AK-47. According to the county district attorney’s \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">report\u003c/a>, the whole incident -- from Gelhaus' spotting Lopez and calling for backup to reports of shots fired -- took about 19 seconds.\u003c/p>\n\u003cp>Gelhaus, an experienced firearms instructor and U.S. Army veteran, later told investigators he feared for his life. Lopez's replica gun lacked an orange tip meant to identify it as a toy gun.\u003c/p>\n\u003cp>A federal lawsuit by Lopez's family against Gelhaus and Sonoma County is still in court. But the Sonoma County district attorney determined criminal charges against Gelhaus were not warranted. The U.S. Department of Justice also \u003ca href=\"http://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\">cleared\u003c/a> Gelhaus of civil rights violations after its investigation.\u003c/p>\n\u003cp>Still, the perception of Gelhaus among local civilians can be drastically different than the view inside the Sheriff's Office.\u003c/p>\n\u003cfigure id=\"attachment_11054251\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11054251 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/RS20792_IMG_0235-qut.jpg\" alt=\"Concepcion Dominguez cleans a memorial for Andy Lopez on July 26, 2016 at the site of his death on a lot he used to play in. Dominguez, a former neighbor of Lopez's, says she would prefer Gelhaus be kept off street patrol. "It's too dangerous" for residents,\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20792_IMG_0235-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Concepcion Dominguez cleans a memorial for Andy Lopez on July 26, 2016 at the site of his death on a lot he used to play in. Dominguez, a former neighbor of Lopez's, says she would prefer Gelhaus be kept off street patrol. \"It's too dangerous for residents,\" she says. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2014, members of a county task force to improve police-community relations after the Lopez incident sent Sheriff Freitas a letter urging him to remove Gelhaus from street patrol due to public concerns.\u003c/p>\n\u003cp>Residents like Gloria Hernandez, who had known Lopez since he was a little boy, said Freitas' decision to promote Gelhaus in May further erodes her trust in law enforcement.\u003c/p>\n\u003cp>\"We feel hurt, we feel frustrated, with so much pain in seeing how the child died like that,\" said Hernandez in Spanish. \"So we say, what trust are we going to have in them? None. This way? None.\"\u003c/p>\n\u003cp>\u003cstrong>Separate Civilian Complaint Against Gelhaus Before Lopez's Death\u003c/strong>\u003c/p>\n\u003cp>Jeffrey Westbrook, who has lived in Santa Rosa since 2007, says the first-ever encounter he had with Gelhaus during a traffic stop left him with serious concerns.\u003c/p>\n\u003cp>Westbrook had been driving his black BMW the morning of Aug. 21, 2013, heading to work at an IT company. He alleges that during the stop, Gelhaus pointed a gun at him without reasonable cause.\u003c/p>\n\u003cp>\"Seeing a weapon put in your face ... I was speechless. I mean my hands went in the air,\" said Westbrook, 60. \"My passenger looked up and said 'Oh my God. We almost got killed.'\"\u003c/p>\n\u003cp>Westbrook disputed the ticket Gelhaus gave him -- for an allegedly unsafe lane change -- and a Sonoma County Superior Court judge later threw it out.\u003c/p>\n\u003cp>Westbrook also filed a complaint with the Sheriff's Office and received a response a few months later. The sheriff's internal affairs unit wrote to him that its investigation determined the complaint unfounded.\u003c/p>\n\u003cp>Because that traffic stop occurred just two months before Gelhaus shot Lopez, Westbrook says he often laments not complaining more vigorously.\u003c/p>\n\u003cp>\"If I had gone down there and waved my arms like a big gorilla and caused hell maybe they would have pulled (Gelhaus) aside,\" Westbrook said. \"Maybe that kid would still be alive.\"\u003c/p>\n\u003cfigure id=\"attachment_11054250\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11054250 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/RS20790_IMG_0360-qut.jpg\" alt=\"Jeffrey Westbrook at his home in Santa Rosa. The Sonoma County Sheriff's Office ruled Westbrook's complaint against Gelhaus in 2013 was unfounded. Westbrook alleges Gelhaus pointed a gun at him in haste and without reasonable cause during a traffic stop.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20790_IMG_0360-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Jeffrey Westbrook at his home in Santa Rosa. Westbrook alleges Gelhaus was too quick to point a gun at him during a traffic stop in 2013, without reasonable cause. \"I wasn't treated with any respect,\" Westbrook says. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Civilian Complaints 'Almost Never' Affect Promotions\u003c/strong>\u003c/p>\n\u003cp>Peter Keane, a former chief assistant public defender and police commissioner in San Francisco, says that length of service and the popularity of officers among colleagues matters much more than civilian complaints for promotions in most law enforcement agencies nationwide.\u003c/p>\n\u003cp>\"Promotion within that agency and the way those officers move up is almost never affected by whether or not there have been any kind of complaints against the officer,\" said Keane, who has nearly 50 years of experience with the criminal justice system.\u003c/p>\n\u003cp>Keane has seen that even when counties and cities have paid out large sums for civil lawsuits because of an officer's misconduct, managers still promote that officer through the ranks.\u003c/p>\n\u003cp>The impact, according to Keane, is less accountability and less safety because civilians often won't trust their law enforcement agency enough to report crimes.\u003c/p>\n\u003cp>\u003cstrong>Brand-New Independent Auditor of Complaints\u003c/strong>\u003c/p>\n\u003cp>In an effort to increase public trust, Sonoma County has opened a county office to audit the sheriff's investigations of civilian complaints against officers. It was set up as a direct result of nearly two years of community meetings after Andy Lopez's death.\u003c/p>\n\u003cp>\"There's a fair amount of folks who don't trust the process and think it's officers investigating themselves and so they have concerns,\" said Jerry Threet, who directs the \u003ca href=\"http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force/News/Recruitment-Survey/\" target=\"_blank\">Independent Office of Law Enforcement Review and Outreach\u003c/a>, with a budget of about $550,000 in its first year.\u003c/p>\n\u003cp>Threet says he'll be able to watch sheriff's investigations as they are happening. He says he and one assistant -- the office's total staff -- will have access to body-cam videos, recordings of interviews with witnesses and documents to determine if investigations are unbiased and thorough.\u003c/p>\n\u003cp>\"Our office will say whether we agree with those findings or whether we think that they're incorrect and there should have been a different finding on the complaint,\" said Threet, a former San Francisco deputy city attorney.\u003c/p>\n\u003cp>Threet can't require the sheriff to discipline deputies. But citizens can now bring complaints to Threet so he can follow up.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The sheriff's department fully understands that there is a challenge right now with community relations, particularly with the Latino community ... and they are eager to start grappling with that,\" Threet said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Sonoma County Sheriff Promotes Deputy Who Shot Andy Lopez",
"title": "Sonoma County Sheriff Promotes Deputy Who Shot Andy Lopez",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>The Sonoma County Sheriff's Office has promoted Deputy Erick Gelhaus, who shot and killed 13-year-old Andy Lopez just outside Santa Rosa, to sergeant with an accompanying pay increase, KQED has learned.\u003c/p>\n\u003cp>Gelhaus' promotion came in May, nearly three years after Lopez's death in 2013. That case shook residents and county government alike, sparked massive protests and student walkouts, and galvanized the local Latino community.\u003c/p>\n\u003cp>The shooting prompted investigations by local and federal authorities.\u003c/p>\n\u003cp>Sheriff Steve Freitas ultimately approved the promotion, which Gelhaus applied for, according to sheriff's office Sgt. Spencer Crum. In his new role, Gelhaus will typically oversee eight to 10 deputies per shift. His pay increased 10 percent, from $49.19 to $55 per hour.\u003c/p>\n\u003cp>Gelhaus was paid more than $134,000 in 2015, including overtime, according to state salary records on \u003ca href=\"http://transparentcalifornia.com/salaries/2015/sonoma-county/erick-gelhaus/\" target=\"_blank\">Transparent California\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The Sheriff is committed to following the law, rules and policy by promoting Sergeant Gelhaus,\" Crum wrote in response to KQED. \"He didn’t treat him any differently than the rest of the deputies who tested for the position. The sheriff knows there are some people who are upset by his promotion but he is convinced that the vast majority of the public wants a Sheriff who follows the rules. Providing opportunities for his members is not only a moral duty, it is also a legal and human right.\"\u003c/p>\n\u003cp>\u003cstrong>Toy Gun Mistaken for AK-47 Rifle\u003c/strong>\u003c/p>\n\u003cp>Lopez was walking to a friend's house near his home on Moorland Avenue on Oct 22, 2013. Gelhaus was on patrol with Deputy Michael Schemmel, who was his trainee, when Gelhaus mistakenly identified the replica gun Lopez was carrying under his arm for a real AK-47 rifle.\u003c/p>\n\u003cp>He yelled to Schemmel something to the effect of \"do you see that\" and called for backup, according to the county district attorney's \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">report\u003c/a> on the incident.\u003c/p>\n\u003cp>Gelhaus got out of the car, which was parked 30 to 60 feet from Lopez, and ordered him to drop the gun at least once, according to the report. As Lopez turned around toward the deputies while still holding the replica gun, Gelhaus began to fire. Lopez was shot seven times, including in the chest, hips, buttocks and arms. Lopez died at the scene.\u003c/p>\n\u003cp>An autopsy later revealed Lopez had traces of marijuana in his system.\u003c/p>\n\u003cp>Gelhaus told investigators with the Santa Rosa Police Department that he feared for his life.\u003c/p>\n\u003cp>\u003cstrong>Investigations Clear Gelhaus\u003c/strong>\u003c/p>\n\u003cp>At the time, Gelhaus had been a Sonoma County deputy for 23 years and had worked in the gang enforcement unit. He was an experienced firearms instructor and a U.S. Army veteran. A month before Lopez's death, Gelhaus had received firearms training on AK-47s. He knew that rounds fired by an AK-47 could penetrate the body armor he and Schemmel were wearing.\u003c/p>\n\u003cp>The Sonoma County district attorney determined criminal charges were not warranted because, given Gelhaus's training and experience, \"he believed he was faced with a 'do-or-die' dilemma.\" The U.S. Department of Justice also \u003ca href=\"http://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\">cleared\u003c/a> Gelhaus of civil rights violations after its investigation.\u003c/p>\n\u003cp>Lopez's family filed a federal civil rights lawsuit against Gelhaus and Sonoma County in November 2013. Sonoma County appealed a judge's preliminary ruling, and the case is now before the 9th Circuit Court of Appeals.\u003c/p>\n\u003cfigure id=\"attachment_11042344\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11042344 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/RS20564_IMG_0262-qut.jpg\" alt=\"Paintings decorate a fence just feet away from where Andy Lopez died in 2013. Residents lobbied the county to build a park in the now empty lot. Construction of Andy's Unity Park is set to begin in the fall, with design input from residents.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Paintings decorate a fence by the lot where Lopez died. After residents lobbied the county to build a park there, construction of Andy's Unity Park is set to begin in the fall -- with design input from neighbors. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Nearly three years after Lopez's death, the case remains an open wound for many Latinos in the area, particularly young people.\u003c/p>\n\u003cp>\"He was a good friend, and for him to just go like that, it’s not OK,\" said Christian Hernandez Reyes, 15, who was born and raised in Santa Rosa. \"I mean, he was still a little kid. He was 13. There was no reason to shoot him out of nowhere.\"\u003c/p>\n\u003cp>Hernandez Reyes, who met Lopez through school, said Gelhaus should not be patrolling the streets.\u003c/p>\n\u003cp>\"He could do that to another person, to another minor, where it's going to be the same all over again,\" he said.\u003c/p>\n\u003cp>Gelhaus has not been exonerated in the court of public opinion, and many local Latinos fear and distrust him, said Caroline Bañuelos, chair of a county task force that provided recommendations to improve community-police relations after Lopez's death.\u003c/p>\n\u003cp>Bañuelos and a majority of task force members asked Sheriff Freitas to place Gelhaus in a desk job instead of returning him to patrol, she said. Gelhaus's promotion, said Bañuelos, sends an unfortunate message for residents who feel Lopez was killed needlessly.\u003c/p>\n\u003cp>\"That someone can kill a member of our community and there will be no repercussions or accountability, and on top of that they can be promoted, that's a really negative message,\" said Bañuelos, a Sonoma County resident for over 30 years.\u003c/p>\n\u003cp>\u003cstrong>Deputy Sheriff's Association Backs Promotion\u003c/strong>\u003c/p>\n\u003cp>Deputy Mike Vail, president of the Sonoma County Deputy Sheriff's Association, characterized Gelhaus as a \"rock-solid deputy\" who deserves the promotion.\u003c/p>\n\u003cp>\"We are proud of him,\" Vail said. \"He has a great reputation within our office for doing a good job.\"\u003c/p>\n\u003cp>Vail added that Lopez's death was a tragedy for everyone involved, including Gelhaus.\u003c/p>\n\u003cp>\"I can’t even imagine what Erick must have gone through over the last few years dealing with what has happened,\" Vail said. \"The public scrutiny, the scrutiny by the office, his own personal conflicts with what has happened -- it's just terrible.\"\u003c/p>\n\u003cp>Vail said his association fully backs Gelhaus's actions the day he shot Lopez, and he acted within the scope of law.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"I don't think anybody would have responded any differently based on their training experience,\" he said.\u003c/p>\n\n",
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"excerpt": "Erick Gelhaus was promoted to sergeant in May. He shot and killed 13-year-old Andy Lopez in 2013, generating outrage, especially in the area's Latino community.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Sonoma County Sheriff's Office has promoted Deputy Erick Gelhaus, who shot and killed 13-year-old Andy Lopez just outside Santa Rosa, to sergeant with an accompanying pay increase, KQED has learned.\u003c/p>\n\u003cp>Gelhaus' promotion came in May, nearly three years after Lopez's death in 2013. That case shook residents and county government alike, sparked massive protests and student walkouts, and galvanized the local Latino community.\u003c/p>\n\u003cp>The shooting prompted investigations by local and federal authorities.\u003c/p>\n\u003cp>Sheriff Steve Freitas ultimately approved the promotion, which Gelhaus applied for, according to sheriff's office Sgt. Spencer Crum. In his new role, Gelhaus will typically oversee eight to 10 deputies per shift. His pay increased 10 percent, from $49.19 to $55 per hour.\u003c/p>\n\u003cp>Gelhaus was paid more than $134,000 in 2015, including overtime, according to state salary records on \u003ca href=\"http://transparentcalifornia.com/salaries/2015/sonoma-county/erick-gelhaus/\" target=\"_blank\">Transparent California\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The Sheriff is committed to following the law, rules and policy by promoting Sergeant Gelhaus,\" Crum wrote in response to KQED. \"He didn’t treat him any differently than the rest of the deputies who tested for the position. The sheriff knows there are some people who are upset by his promotion but he is convinced that the vast majority of the public wants a Sheriff who follows the rules. Providing opportunities for his members is not only a moral duty, it is also a legal and human right.\"\u003c/p>\n\u003cp>\u003cstrong>Toy Gun Mistaken for AK-47 Rifle\u003c/strong>\u003c/p>\n\u003cp>Lopez was walking to a friend's house near his home on Moorland Avenue on Oct 22, 2013. Gelhaus was on patrol with Deputy Michael Schemmel, who was his trainee, when Gelhaus mistakenly identified the replica gun Lopez was carrying under his arm for a real AK-47 rifle.\u003c/p>\n\u003cp>He yelled to Schemmel something to the effect of \"do you see that\" and called for backup, according to the county district attorney's \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">report\u003c/a> on the incident.\u003c/p>\n\u003cp>Gelhaus got out of the car, which was parked 30 to 60 feet from Lopez, and ordered him to drop the gun at least once, according to the report. As Lopez turned around toward the deputies while still holding the replica gun, Gelhaus began to fire. Lopez was shot seven times, including in the chest, hips, buttocks and arms. Lopez died at the scene.\u003c/p>\n\u003cp>An autopsy later revealed Lopez had traces of marijuana in his system.\u003c/p>\n\u003cp>Gelhaus told investigators with the Santa Rosa Police Department that he feared for his life.\u003c/p>\n\u003cp>\u003cstrong>Investigations Clear Gelhaus\u003c/strong>\u003c/p>\n\u003cp>At the time, Gelhaus had been a Sonoma County deputy for 23 years and had worked in the gang enforcement unit. He was an experienced firearms instructor and a U.S. Army veteran. A month before Lopez's death, Gelhaus had received firearms training on AK-47s. He knew that rounds fired by an AK-47 could penetrate the body armor he and Schemmel were wearing.\u003c/p>\n\u003cp>The Sonoma County district attorney determined criminal charges were not warranted because, given Gelhaus's training and experience, \"he believed he was faced with a 'do-or-die' dilemma.\" The U.S. Department of Justice also \u003ca href=\"http://ww2.kqed.org/news/2015/07/03/doj-clears-sheriffs-deputy-in-andy-lopez-death/\" target=\"_blank\">cleared\u003c/a> Gelhaus of civil rights violations after its investigation.\u003c/p>\n\u003cp>Lopez's family filed a federal civil rights lawsuit against Gelhaus and Sonoma County in November 2013. Sonoma County appealed a judge's preliminary ruling, and the case is now before the 9th Circuit Court of Appeals.\u003c/p>\n\u003cfigure id=\"attachment_11042344\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11042344 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/RS20564_IMG_0262-qut.jpg\" alt=\"Paintings decorate a fence just feet away from where Andy Lopez died in 2013. Residents lobbied the county to build a park in the now empty lot. Construction of Andy's Unity Park is set to begin in the fall, with design input from residents.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/RS20564_IMG_0262-qut-960x640.jpg 960w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Paintings decorate a fence by the lot where Lopez died. After residents lobbied the county to build a park there, construction of Andy's Unity Park is set to begin in the fall -- with design input from neighbors. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Nearly three years after Lopez's death, the case remains an open wound for many Latinos in the area, particularly young people.\u003c/p>\n\u003cp>\"He was a good friend, and for him to just go like that, it’s not OK,\" said Christian Hernandez Reyes, 15, who was born and raised in Santa Rosa. \"I mean, he was still a little kid. He was 13. There was no reason to shoot him out of nowhere.\"\u003c/p>\n\u003cp>Hernandez Reyes, who met Lopez through school, said Gelhaus should not be patrolling the streets.\u003c/p>\n\u003cp>\"He could do that to another person, to another minor, where it's going to be the same all over again,\" he said.\u003c/p>\n\u003cp>Gelhaus has not been exonerated in the court of public opinion, and many local Latinos fear and distrust him, said Caroline Bañuelos, chair of a county task force that provided recommendations to improve community-police relations after Lopez's death.\u003c/p>\n\u003cp>Bañuelos and a majority of task force members asked Sheriff Freitas to place Gelhaus in a desk job instead of returning him to patrol, she said. Gelhaus's promotion, said Bañuelos, sends an unfortunate message for residents who feel Lopez was killed needlessly.\u003c/p>\n\u003cp>\"That someone can kill a member of our community and there will be no repercussions or accountability, and on top of that they can be promoted, that's a really negative message,\" said Bañuelos, a Sonoma County resident for over 30 years.\u003c/p>\n\u003cp>\u003cstrong>Deputy Sheriff's Association Backs Promotion\u003c/strong>\u003c/p>\n\u003cp>Deputy Mike Vail, president of the Sonoma County Deputy Sheriff's Association, characterized Gelhaus as a \"rock-solid deputy\" who deserves the promotion.\u003c/p>\n\u003cp>\"We are proud of him,\" Vail said. \"He has a great reputation within our office for doing a good job.\"\u003c/p>\n\u003cp>Vail added that Lopez's death was a tragedy for everyone involved, including Gelhaus.\u003c/p>\n\u003cp>\"I can’t even imagine what Erick must have gone through over the last few years dealing with what has happened,\" Vail said. \"The public scrutiny, the scrutiny by the office, his own personal conflicts with what has happened -- it's just terrible.\"\u003c/p>\n\u003cp>Vail said his association fully backs Gelhaus's actions the day he shot Lopez, and he acted within the scope of law.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"I don't think anybody would have responded any differently based on their training experience,\" he said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "DOJ Clears Sheriff's Deputy in Death of Andy Lopez",
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"content": "\u003cp>The U.S. Department of Justice won’t file criminal charges against Sonoma County Sheriff’s Deputy \u003ca href=\"http://ww2.kqed.org/news/2013/10/28/deputy_santa_rosa_+andy_lopez\" target=\"_blank\">Erick Gelhaus\u003c/a>, who fatally shot 13-year-old Andy Lopez in 2013, the \u003ca href=\"https://local.nixle.com/alert/5445405/\" target=\"_blank\">sheriff's department said\u003c/a> on Wednesday.\u003c/p>\n\u003cp>\"The FBI investigation, which was reviewed by the United States Department of Justice, concluded that there were no federal civil rights violations,\" the Sonoma sheriff's department wrote in a statement. \"The Sheriff reaffirms his support and confidence in Deputy Gelhaus and the work done by the men and women of the Sheriff’s Office to provide public safety services to the citizens of Sonoma County.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"IIbMyhpy8slfF7vjYzIxrEnDn3ImPteR\"]The Justice Department said its investigation turned up \"insufficient evidence\" to charge Gelhaus with federal civil rights violations, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4145392-181/fbi-finds-no-civil-rights\" target=\"_blank\">Santa Rosa Press Democrat\u003c/a>. Gelhaus fired eight rounds at Lopez, who was holding a replica AK-47 rifle. Lopez was hit by seven of the bullets.\u003c/p>\n\u003cp>Supporters of Lopez’s family say they’re disappointed but not surprised.\u003c/p>\n\u003cp>\"We’re not going to get real justice in this case,\" said Santa Rosa Attorney Izaak Schwaiger. \"We won’t. We won’t. There’s a child who is dead. And regardless of your political affiliations or where you stand, that’s a tragedy at best and it’s murder at worst.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The shooting occurred in Santa Rosa on Oct 22, 2013. Gelhaus and a deputy-in-training pulled up behind Lopez in their patrol car, and according to a Sonoma County District Attorney's report, called for backup, took cover behind open car doors, and twice warned Lopez to put his gun down -- all within 10 seconds. Gelhaus told investigators he opened fire because Lopez turned toward him, raising the replica gun's barrel in his direction. Seven of the eight bullets Gelhaus fired hit the teenager. The second deputy did not discharge his weapon.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/\" target=\"_blank\">Protests \u003c/a>ensued both after the shooting and when the DA cleared Gelhaus of wrongdoing in July 2014. The \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">52-page report \u003c/a>issued by District Attorney Jill Ravitch concluded: \"Deputy Gelhaus was faced with a highly unpredictable and rapidly evolving situation. Given his training and experience, he believed, honestly and reasonably, that he was faced with a' do or die' dilemma; wait for the subject to fire what he believed was a deadly weapon ... or fire his weapon when the threat was turned toward him.\"\u003c/p>\n\u003cp>Gelhaus \u003ca href=\"http://www.pressdemocrat.com/home/2530400-181/deputy-in-andy-lopez-shooting\">returned to patrolling the streets\u003c/a> in August, to the \u003ca href=\"http://www.petaluma360.com/home/2873760-181/lopez-task-force-take-gelhaus\" target=\"_blank\">consternation\u003c/a> of some in the community.\u003c/p>\n\u003cp>In 2013, Lopez's parents \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-santa-rosa-suit-20131104-story.html\" target=\"_blank\">filed a civil rights lawsuit\u003c/a> against Sonoma County, scheduled to go to trial in April 2016, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4149545-181/justice-department-review-of-andy\" target=\"_blank\">Press Democrat.\u003c/a>\u003c/p>\n\u003cp>The incident prompted California to pass a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB199\" target=\"_blank\">law\u003c/a> requiring that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons. An orange tip meant to identify toy guns had broken off Lopez's replica weapon, his friends told investigators.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Peter Jon Shuler, Dan Brekke and Associated Press contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Department of Justice won’t file criminal charges against Sonoma County Sheriff’s Deputy \u003ca href=\"http://ww2.kqed.org/news/2013/10/28/deputy_santa_rosa_+andy_lopez\" target=\"_blank\">Erick Gelhaus\u003c/a>, who fatally shot 13-year-old Andy Lopez in 2013, the \u003ca href=\"https://local.nixle.com/alert/5445405/\" target=\"_blank\">sheriff's department said\u003c/a> on Wednesday.\u003c/p>\n\u003cp>\"The FBI investigation, which was reviewed by the United States Department of Justice, concluded that there were no federal civil rights violations,\" the Sonoma sheriff's department wrote in a statement. \"The Sheriff reaffirms his support and confidence in Deputy Gelhaus and the work done by the men and women of the Sheriff’s Office to provide public safety services to the citizens of Sonoma County.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>The Justice Department said its investigation turned up \"insufficient evidence\" to charge Gelhaus with federal civil rights violations, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4145392-181/fbi-finds-no-civil-rights\" target=\"_blank\">Santa Rosa Press Democrat\u003c/a>. Gelhaus fired eight rounds at Lopez, who was holding a replica AK-47 rifle. Lopez was hit by seven of the bullets.\u003c/p>\n\u003cp>Supporters of Lopez’s family say they’re disappointed but not surprised.\u003c/p>\n\u003cp>\"We’re not going to get real justice in this case,\" said Santa Rosa Attorney Izaak Schwaiger. \"We won’t. We won’t. There’s a child who is dead. And regardless of your political affiliations or where you stand, that’s a tragedy at best and it’s murder at worst.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The shooting occurred in Santa Rosa on Oct 22, 2013. Gelhaus and a deputy-in-training pulled up behind Lopez in their patrol car, and according to a Sonoma County District Attorney's report, called for backup, took cover behind open car doors, and twice warned Lopez to put his gun down -- all within 10 seconds. Gelhaus told investigators he opened fire because Lopez turned toward him, raising the replica gun's barrel in his direction. Seven of the eight bullets Gelhaus fired hit the teenager. The second deputy did not discharge his weapon.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/\" target=\"_blank\">Protests \u003c/a>ensued both after the shooting and when the DA cleared Gelhaus of wrongdoing in July 2014. The \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">52-page report \u003c/a>issued by District Attorney Jill Ravitch concluded: \"Deputy Gelhaus was faced with a highly unpredictable and rapidly evolving situation. Given his training and experience, he believed, honestly and reasonably, that he was faced with a' do or die' dilemma; wait for the subject to fire what he believed was a deadly weapon ... or fire his weapon when the threat was turned toward him.\"\u003c/p>\n\u003cp>Gelhaus \u003ca href=\"http://www.pressdemocrat.com/home/2530400-181/deputy-in-andy-lopez-shooting\">returned to patrolling the streets\u003c/a> in August, to the \u003ca href=\"http://www.petaluma360.com/home/2873760-181/lopez-task-force-take-gelhaus\" target=\"_blank\">consternation\u003c/a> of some in the community.\u003c/p>\n\u003cp>In 2013, Lopez's parents \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-santa-rosa-suit-20131104-story.html\" target=\"_blank\">filed a civil rights lawsuit\u003c/a> against Sonoma County, scheduled to go to trial in April 2016, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4149545-181/justice-department-review-of-andy\" target=\"_blank\">Press Democrat.\u003c/a>\u003c/p>\n\u003cp>The incident prompted California to pass a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB199\" target=\"_blank\">law\u003c/a> requiring that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons. An orange tip meant to identify toy guns had broken off Lopez's replica weapon, his friends told investigators.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Peter Jon Shuler, Dan Brekke and Associated Press contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "No Charges Against Deputy in Shooting of Santa Rosa Teenager",
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"content": "\u003cdiv class=\"single-video\">[youtube http://www.youtube.com/watch?v=NOKdwme6Ghg?rel=0&w=640&h=360]\u003c/div>\n\u003cp>\u003cspan style=\"font-size: .6em;float: left\">Above: In May video, community members called for continued peaceful response to Andy Lopez case.\u003c/span>\u003cbr>\nThe Sonoma County District Attorney's Office will not file criminal charges against a sheriff's deputy who shot and killed a 13-year-old boy carrying a realistic-looking toy assault rifle.\u003c/p>\n\u003cp>Last October's shooting of Andy Lopez by sheriff's Deputy Erick Gelhaus touched off a series of protest marches in Santa Rosa, in which the community's Latino community accused police of a history of excessive force and lack of accountability. Activists, through a May video (see above) and social media, have called for the community response to remain peaceful.\u003c/p>\n\u003cp>District Attorney Jill Ravitch told reporters at a press conference in Santa Rosa that Gelhaus “fired his weapon 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.\"\u003c/p>\n\u003cp>In an extended statement, Ravitch recounted the events that led to the Lopez shooting on Oct. 22.\u003c/p>\n\u003cp>Those events unfolded rapidly after Gelhaus and another sheriff's deputy, on routine patrol, spotted the teenager as he walked in a residential neighborhood on the southern edge of Santa Rosa. Lopez was carrying a replica AK-47 that Gelhaus told investigators he believed was a real firearm.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gelhaus alerted dispatchers while his partner pulled up in a marked patrol car behind the teenager. Gelhaus got out of the vehicle, drew his semiautomatic service weapon, and ordered Lopez to put down his weapon. Gelhaus told investigators he opened fire when Lopez began to turn toward him — firing eight shots and hitting Lopez seven times. Gelhaus's partner was assuming a firing position but did not fire any shots during the encounter.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">A timeline of the episode\u003c/a> released a few days after the shooting showed that just 10 seconds elapsed between the time the deputies alerted a dispatcher about a suspicious person and their call that shots had been fired.\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/157743312&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\u003cp>In the account she delivered today and included in a 52-page report (\u003ca href=\"#andylopezreport\">embedded below\u003c/a>). Ravitch said her office will release, the district attorney amended that timeline somewhat. She said that 19 seconds elapsed between the time Gelhaus and his partner radioed an urgent call for assistance and their broadcast that shots had been fired.\u003c/p>\n\u003cp>In answering a reporter's question about whether Gelhaus reacted reasonably in firing eight shots at Lopez, Ravitch said investigators had talked to the deputy \"about when he began to shoot and when he stopped shooting, and we established that when there no longer was a threat, the shooting stopped. It's worth pointing out that the deputy had 18 rounds in his weapon and only eight were expended.\"\u003c/p>\n\u003cp>Ravitch mentioned several times during her appearance that an outside expert had determined that Gelhaus's semiautomatic pistol was capable of firing eight rounds in two seconds.\u003c/p>\n\u003cp>In November, \u003ca href=\"http://ww2.kqed.org/news/2013/11/05/andy-lopez-protests-continue-with-appeal-to-district-attorney\" target=\"_blank\">Lopez's parents filed suit against Gelhaus and Sonoma County\u003c/a>, alleging that the killing was “a senseless and unwarranted act of police abuse.” That suit has been on hold pending the outcome of the district attorney's investigation.\u003c/p>\n\u003cp>Another reporter asked Ravitch whether the investigation had established whether Lopez had heard Gelhaus's command to put down his weapon.\u003c/p>\n\u003cp>\"No, sir,\" Ravitch replied. \"He was not available to give me that information.\"\u003c/p>\n\u003cp>The family's attorney, Arnoldo Casillas, told the Santa Rosa Press Democrat that Ravitch had called him about noon Monday to tell him of her office's decision not to charge Gelhaus:\u003c/p>\n\u003cblockquote>\u003cp>“The family and my office are greatly disappointed with the decision,” Casillas said. “If there was ever a case where charges were warranted, it was this one.”\u003c/p>\n\u003cp>Casillas said the decision would allow the family's civil lawsuit against Gelhaus and the county to go forward.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"andylopezreport\">\u003ciframe class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/233076330/content?start_page=1&view_mode=scroll&show_recommendations=true\" scrolling=\"no\" id=\"doc_96707\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/a>\u003c/p>\n\n",
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"excerpt": "Andy Lopez, 13, was shot seven times while carrying what turned out to be a replica assault rifle. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cdiv class=\"single-video\">\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/NOKdwme6Ghg?rel=0'\n title='//www.youtube.com/embed/NOKdwme6Ghg?rel=0'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/div>\n\u003cp>\u003cspan style=\"font-size: .6em;float: left\">Above: In May video, community members called for continued peaceful response to Andy Lopez case.\u003c/span>\u003cbr>\nThe Sonoma County District Attorney's Office will not file criminal charges against a sheriff's deputy who shot and killed a 13-year-old boy carrying a realistic-looking toy assault rifle.\u003c/p>\n\u003cp>Last October's shooting of Andy Lopez by sheriff's Deputy Erick Gelhaus touched off a series of protest marches in Santa Rosa, in which the community's Latino community accused police of a history of excessive force and lack of accountability. Activists, through a May video (see above) and social media, have called for the community response to remain peaceful.\u003c/p>\n\u003cp>District Attorney Jill Ravitch told reporters at a press conference in Santa Rosa that Gelhaus “fired his weapon 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.\"\u003c/p>\n\u003cp>In an extended statement, Ravitch recounted the events that led to the Lopez shooting on Oct. 22.\u003c/p>\n\u003cp>Those events unfolded rapidly after Gelhaus and another sheriff's deputy, on routine patrol, spotted the teenager as he walked in a residential neighborhood on the southern edge of Santa Rosa. Lopez was carrying a replica AK-47 that Gelhaus told investigators he believed was a real firearm.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gelhaus alerted dispatchers while his partner pulled up in a marked patrol car behind the teenager. Gelhaus got out of the vehicle, drew his semiautomatic service weapon, and ordered Lopez to put down his weapon. Gelhaus told investigators he opened fire when Lopez began to turn toward him — firing eight shots and hitting Lopez seven times. Gelhaus's partner was assuming a firing position but did not fire any shots during the encounter.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">A timeline of the episode\u003c/a> released a few days after the shooting showed that just 10 seconds elapsed between the time the deputies alerted a dispatcher about a suspicious person and their call that shots had been fired.\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/157743312&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\u003cp>In the account she delivered today and included in a 52-page report (\u003ca href=\"#andylopezreport\">embedded below\u003c/a>). Ravitch said her office will release, the district attorney amended that timeline somewhat. She said that 19 seconds elapsed between the time Gelhaus and his partner radioed an urgent call for assistance and their broadcast that shots had been fired.\u003c/p>\n\u003cp>In answering a reporter's question about whether Gelhaus reacted reasonably in firing eight shots at Lopez, Ravitch said investigators had talked to the deputy \"about when he began to shoot and when he stopped shooting, and we established that when there no longer was a threat, the shooting stopped. It's worth pointing out that the deputy had 18 rounds in his weapon and only eight were expended.\"\u003c/p>\n\u003cp>Ravitch mentioned several times during her appearance that an outside expert had determined that Gelhaus's semiautomatic pistol was capable of firing eight rounds in two seconds.\u003c/p>\n\u003cp>In November, \u003ca href=\"http://ww2.kqed.org/news/2013/11/05/andy-lopez-protests-continue-with-appeal-to-district-attorney\" target=\"_blank\">Lopez's parents filed suit against Gelhaus and Sonoma County\u003c/a>, alleging that the killing was “a senseless and unwarranted act of police abuse.” That suit has been on hold pending the outcome of the district attorney's investigation.\u003c/p>\n\u003cp>Another reporter asked Ravitch whether the investigation had established whether Lopez had heard Gelhaus's command to put down his weapon.\u003c/p>\n\u003cp>\"No, sir,\" Ravitch replied. \"He was not available to give me that information.\"\u003c/p>\n\u003cp>The family's attorney, Arnoldo Casillas, told the Santa Rosa Press Democrat that Ravitch had called him about noon Monday to tell him of her office's decision not to charge Gelhaus:\u003c/p>\n\u003cblockquote>\u003cp>“The family and my office are greatly disappointed with the decision,” Casillas said. “If there was ever a case where charges were warranted, it was this one.”\u003c/p>\n\u003cp>Casillas said the decision would allow the family's civil lawsuit against Gelhaus and the county to go forward.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"andylopezreport\">\u003ciframe class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/233076330/content?start_page=1&view_mode=scroll&show_recommendations=true\" scrolling=\"no\" id=\"doc_96707\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "State Senate Passes Bill to Change Look of Imitation Firearms",
"title": "State Senate Passes Bill to Change Look of Imitation Firearms",
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"content": "\u003cfigure id=\"attachment_115841\" class=\"wp-caption alignright\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\">\u003cimg class=\"size-full wp-image-115841\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\" alt=\"The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when shot and killed by deputies. \" width=\"240\" height=\"180\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when he was shot and killed by deputies.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Don Thompson\u003cbr>\nAssociated Press\u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO — BB guns and pellet guns would have to look clearly different from those that fire bullets to be sold in California under a bill passed by the state Senate in response to several recent shooting tragedies involving children.\u003c/p>\n\u003cp>Senators approved \u003ca href=\"http://sd22.senate.ca.gov/news/2014-01-28-release-senate-approves-imitation-firearms-safety-act-toy-guns-deadly-consequences\" target=\"_blank\">state Sen. Kevin de León's Imitation Firearm Safety Act\u003c/a> on a party-line 22-8 vote on Tuesday, although several senators from each party did not vote. It now goes to the Assembly.\u003c/p>\n\u003cp>SB199 advanced in the wake of \u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">last October's fatal shooting of 13-year-old Andy Lopez\u003c/a> in Santa Rosa, when a sheriff's deputy mistook the boy's \"airsoft\" rifle for a real AK-47. Airsoft guns are replica firearms that fire plastic pellets, paper balls or eraser chunks.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Law enforcement officers have extreme difficulty — extreme difficulty — in distinguishing between the real thing and what is fake.'\u003ccite>— State Sen. Kevin de León\u003c/cite>\u003c/aside>\n\u003cp>\"The tragedy has rocked Santa Rosa and Sonoma County to its very core,\" said state Sen. Noreen Evans, D-Santa Rosa, a co-author of the bill. \"A toy should look like a toy. A toy should not get a child killed.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>De León, a Los Angeles Democrat, unsuccessfully introduced a similar bill in 2011 after another \u003ca href=\"http://latimesblogs.latimes.com/lanow/2012/12/lapd-24-million-verdict-teen-paralyzed.html\" target=\"_blank\">13-year-old, Rohayent Gomez, was shot and paralyzed\u003c/a> when Los Angeles police thought his replica firearm was a real weapon.\u003c/p>\n\u003cp>De León's new bill would require that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons.\u003c/p>\n\u003cp>\"Law enforcement officers have extreme difficulty — extreme difficulty — in distinguishing between the real thing and what is fake ... especially when officers must make a split-second decision in a very dangerous situation,\" de Le&ocaute;n said.\u003c/p>\n\u003cp>He added later, \"This is about saving lives.\"\u003c/p>\n\u003cp>More than 200 such tragedies occur each year across the country, he said, citing \u003ca href=\"http://www.bjs.gov/content/pub/pdf/tg-icep.pdf\" target=\"_blank\">a 1990 U.S. Department of Justice study\u003c/a>.\u003c/p>\n\u003cp>Several Republicans objected that the bill could endanger police officers because some real guns are now manufactured in different colors and are partly marketed toward children.\u003c/p>\n\u003cp>Smith & Wesson, for instance, makes several handguns with pink hand grips to appeal to women.\u003c/p>\n\u003cp>Another manufacturer, Milton, Pa.-based Keystone Sporting Arms, makes rifles designed for use by children that are colored hot pink, royal blue and with multicolor swirls. One of those weapons was involved in a shooting last year in Kentucky, when a 5-year-old boy fatally shot his 2-year-old sister.\u003c/p>\n\u003cp>Sen. Steve Knight, R-Palmdale, said officers could hesitate for a fatal moment if they see a brightly colored real weapon pointed their way, thinking it is a harmless toy.\u003c/p>\n\u003cp>\"To say that I can make that distinction within a split second and say that that is a toy gun, I know it, all they can do is shoot me with an airsoft and I'm OK — that's ridiculous,\" said Knight, who served 18 years as a Los Angeles police officer before his election to the Legislature.\u003c/p>\n\u003cp>Sen. Joel Anderson, R-Alpine, also opposed the bill. He said the state would be better to focus on educating young people about the dangers of carrying lookalike weapons in public or pointing them at police.\u003c/p>\n\u003cp>\"The problem with this bill is it puts false hope out there,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The legislation is opposed by the \u003ca href=\"http://www.airsoftsafetyfoundation.org/\" target=\"_blank\">Airsoft Safety Foundation\u003c/a>, as well as several organizations representing gun owners and retailers.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_115841\" class=\"wp-caption alignright\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\">\u003cimg class=\"size-full wp-image-115841\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\" alt=\"The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when shot and killed by deputies. \" width=\"240\" height=\"180\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when he was shot and killed by deputies.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Don Thompson\u003cbr>\nAssociated Press\u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO — BB guns and pellet guns would have to look clearly different from those that fire bullets to be sold in California under a bill passed by the state Senate in response to several recent shooting tragedies involving children.\u003c/p>\n\u003cp>Senators approved \u003ca href=\"http://sd22.senate.ca.gov/news/2014-01-28-release-senate-approves-imitation-firearms-safety-act-toy-guns-deadly-consequences\" target=\"_blank\">state Sen. Kevin de León's Imitation Firearm Safety Act\u003c/a> on a party-line 22-8 vote on Tuesday, although several senators from each party did not vote. It now goes to the Assembly.\u003c/p>\n\u003cp>SB199 advanced in the wake of \u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">last October's fatal shooting of 13-year-old Andy Lopez\u003c/a> in Santa Rosa, when a sheriff's deputy mistook the boy's \"airsoft\" rifle for a real AK-47. Airsoft guns are replica firearms that fire plastic pellets, paper balls or eraser chunks.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Law enforcement officers have extreme difficulty — extreme difficulty — in distinguishing between the real thing and what is fake.'\u003ccite>— State Sen. Kevin de León\u003c/cite>\u003c/aside>\n\u003cp>\"The tragedy has rocked Santa Rosa and Sonoma County to its very core,\" said state Sen. Noreen Evans, D-Santa Rosa, a co-author of the bill. \"A toy should look like a toy. A toy should not get a child killed.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>De León, a Los Angeles Democrat, unsuccessfully introduced a similar bill in 2011 after another \u003ca href=\"http://latimesblogs.latimes.com/lanow/2012/12/lapd-24-million-verdict-teen-paralyzed.html\" target=\"_blank\">13-year-old, Rohayent Gomez, was shot and paralyzed\u003c/a> when Los Angeles police thought his replica firearm was a real weapon.\u003c/p>\n\u003cp>De León's new bill would require that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons.\u003c/p>\n\u003cp>\"Law enforcement officers have extreme difficulty — extreme difficulty — in distinguishing between the real thing and what is fake ... especially when officers must make a split-second decision in a very dangerous situation,\" de Le&ocaute;n said.\u003c/p>\n\u003cp>He added later, \"This is about saving lives.\"\u003c/p>\n\u003cp>More than 200 such tragedies occur each year across the country, he said, citing \u003ca href=\"http://www.bjs.gov/content/pub/pdf/tg-icep.pdf\" target=\"_blank\">a 1990 U.S. Department of Justice study\u003c/a>.\u003c/p>\n\u003cp>Several Republicans objected that the bill could endanger police officers because some real guns are now manufactured in different colors and are partly marketed toward children.\u003c/p>\n\u003cp>Smith & Wesson, for instance, makes several handguns with pink hand grips to appeal to women.\u003c/p>\n\u003cp>Another manufacturer, Milton, Pa.-based Keystone Sporting Arms, makes rifles designed for use by children that are colored hot pink, royal blue and with multicolor swirls. One of those weapons was involved in a shooting last year in Kentucky, when a 5-year-old boy fatally shot his 2-year-old sister.\u003c/p>\n\u003cp>Sen. Steve Knight, R-Palmdale, said officers could hesitate for a fatal moment if they see a brightly colored real weapon pointed their way, thinking it is a harmless toy.\u003c/p>\n\u003cp>\"To say that I can make that distinction within a split second and say that that is a toy gun, I know it, all they can do is shoot me with an airsoft and I'm OK — that's ridiculous,\" said Knight, who served 18 years as a Los Angeles police officer before his election to the Legislature.\u003c/p>\n\u003cp>Sen. Joel Anderson, R-Alpine, also opposed the bill. He said the state would be better to focus on educating young people about the dangers of carrying lookalike weapons in public or pointing them at police.\u003c/p>\n\u003cp>\"The problem with this bill is it puts false hope out there,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The legislation is opposed by the \u003ca href=\"http://www.airsoftsafetyfoundation.org/\" target=\"_blank\">Airsoft Safety Foundation\u003c/a>, as well as several organizations representing gun owners and retailers.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Andy Lopez Shooting Aftermath: New Bill Would Require Brightly Colored Toy Guns",
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"content": "\u003cfigure id=\"attachment_115841\" class=\"wp-caption alignright\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/23/sonoma-county-deputies-kill-13-year-old-carrying-replica-rifle/lopez-rifle/\" rel=\"attachment wp-att-115841\">\u003cimg class=\"size-full wp-image-115841\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\" alt=\"The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when a deputy killed him. \" width=\"240\" height=\"180\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when a deputy killed him.\u003c/figcaption>\u003c/figure>\n\u003cp>Two state legislators say they'll introduce a bill that will require BB guns, pellet guns and other toy firearms to be brightly colored.\u003c/p>\n\u003cp>The proposal from state Sens. \u003ca href=\"http://sd02.senate.ca.gov/\" target=\"_blank\">Noreen Evans\u003c/a> and \u003ca href=\"http://sd22.senate.ca.gov/\" target=\"_blank\">Kevin de Leόn\u003c/a> comes in response to last month's \u003ca href=\"http://ww2.kqed.org/news/2013/10/23/sonoma-county-deputies-kill-13-year-old-carrying-replica-rifle/\" target=\"_blank\">fatal police shooting\u003c/a> of a Santa Rosa eighth grader who was carrying an \u003ca href=\"http://en.wikipedia.org/wiki/Airsoft\" target=\"_blank\">airsoft gun\u003c/a> that resembled an AK-47 assault rifle.\u003c/p>\n\u003cp>Police investigators have said Sonoma County Sheriff's Office Deputy Erick Gelhaus thought Andy Lopez, 13, was carrying a real firearm. In an encounter that took just seconds to unfold, the deputy shot Lopez seven times when the teen responded to an order to drop the gun by instead turning toward the officer. The Sonoma County district attorney is still investigating the case.\u003c/p>\n\u003cp>\"We've been looking for some way to prevent this from happening in the future,\" Evans said during an interview with KQED's Alex Emslie after a press conference in Santa Rosa. \"This legislation is one tiny step but a very important one to make sure this doesn't happen again.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://sd22.senate.ca.gov/news/2013-11-22-release-imitation-firearms-safety-act-unveiled-support-local-community-groups\" target=\"_blank\">proposed law\u003c/a> would classify all BB guns, pellet guns and airsoft guns as imitation firearms and require their entire surface to be painted a bright color.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>De Leόn, a Democrat from Los Angeles, proposed similar legislation in 2011. From his \u003ca href=\"http://sd22.senate.ca.gov/news/2013-11-22-release-imitation-firearms-safety-act-unveiled-support-local-community-groups\" target=\"_blank\">press release\u003c/a> today:\u003c/p>\n\u003cblockquote>\u003cp>In 2011, Senator de Leόn authored SB 798 to require BB guns to be painted a bright color to make it harder for them to be mistaken for real firearms. The measure was sponsored by Los Angeles Police Chief Charlie Beck following an incident when another 13-year old, Rohayent Gomez, was tragically shot and left a paraplegic when police mistook his replica firearm for a real weapon. The bill failed passage in the Assembly Public Safety Committee.\u003c/p>\u003c/blockquote>\n\u003cp>For more on the legislation, reporter Mina Kim spoke with state Sen. Kevin de Leόn.\u003c/p>\n\u003cdiv>\n\u003cdiv class=\"embedly\">\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F121453037&show_artwork=true&maxwidth=900\" frameborder=\"no\" scrolling=\"no\" width=\"640\" height=\"166\">\u003c/iframe>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003cp>\u003cspan class=\"embedly-powered\" style=\"float: right\">\u003ca title=\"Powered by Embedly\" href=\"http://embed.ly/code?url=https%3A%2F%2Fsoundcloud.com%2Fkqed%2Fandy-lopez-shooting-aftermath\" target=\"_blank\">\u003cimg src=\"http://static.embed.ly/images/logos/embedly-powered-small-light.png\" alt=\"Embedly Powered\">\u003c/a>\u003c/span>\u003c/p>\n\u003cdiv class=\"media-attribution\">via \u003ca class=\"media-attribution-link\" href=\"http://soundcloud.com\" target=\"_blank\">SoundCloud\u003c/a>\u003c/div>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>\u003cem>KQED's Alex Emslie contributed to this post. \u003c/em>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>De Leόn, a Democrat from Los Angeles, proposed similar legislation in 2011. From his \u003ca href=\"http://sd22.senate.ca.gov/news/2013-11-22-release-imitation-firearms-safety-act-unveiled-support-local-community-groups\" target=\"_blank\">press release\u003c/a> today:\u003c/p>\n\u003cblockquote>\u003cp>In 2011, Senator de Leόn authored SB 798 to require BB guns to be painted a bright color to make it harder for them to be mistaken for real firearms. The measure was sponsored by Los Angeles Police Chief Charlie Beck following an incident when another 13-year old, Rohayent Gomez, was tragically shot and left a paraplegic when police mistook his replica firearm for a real weapon. The bill failed passage in the Assembly Public Safety Committee.\u003c/p>\u003c/blockquote>\n\u003cp>For more on the legislation, reporter Mina Kim spoke with state Sen. Kevin de Leόn.\u003c/p>\n\u003cdiv>\n\u003cdiv class=\"embedly\">\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F121453037&show_artwork=true&maxwidth=900\" frameborder=\"no\" scrolling=\"no\" width=\"640\" height=\"166\">\u003c/iframe>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003cp>\u003cspan class=\"embedly-powered\" style=\"float: right\">\u003ca title=\"Powered by Embedly\" href=\"http://embed.ly/code?url=https%3A%2F%2Fsoundcloud.com%2Fkqed%2Fandy-lopez-shooting-aftermath\" target=\"_blank\">\u003cimg src=\"http://static.embed.ly/images/logos/embedly-powered-small-light.png\" alt=\"Embedly Powered\">\u003c/a>\u003c/span>\u003c/p>\n\u003cdiv class=\"media-attribution\">via \u003ca class=\"media-attribution-link\" href=\"http://soundcloud.com\" target=\"_blank\">SoundCloud\u003c/a>\u003c/div>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>\u003cem>KQED's Alex Emslie contributed to this post. \u003c/em>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n\u003c/div>\u003c/p>",
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},
"closealltabs": {
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"source": "Commonwealth Club of California"
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"order": 9
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"meta": {
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"source": "WNYC"
},
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"id": "fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"hidden-brain": {
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"airtime": "SUN 7pm-8pm",
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"source": "NPR"
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"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"link": "/radio/program/how-i-built-this",
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"hyphenacion": {
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"order": 15
},
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"jerrybrown": {
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
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"order": 18
},
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},
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"id": "latino-usa",
"title": "Latino USA",
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
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"officialWebsiteLink": "http://latinousa.org/",
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"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
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},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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},
"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"meta": {
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"rss": "https://rss.art19.com/masters-of-scale"
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},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/onourwatch",
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"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
"officialWebsiteLink": "https://www.wnycstudios.org/shows/otm",
"meta": {
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"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
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},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.pbs.org/newshour/",
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},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/01/Perspectives_Tile_Final.jpg",
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"officialWebsiteLink": "/perspectives/",
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"source": "kqed",
"order": 14
},
"link": "/perspectives",
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},
"planet-money": {
"id": "planet-money",
"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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"meta": {
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"source": "npr"
},
"link": "/radio/program/planet-money",
"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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