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Community questions shooting of 13-year-old carrying pellet gun

By Sudhin Thanawala & Terence Chea

Associated Press

LAST UPDATED: 06:52 p.m. HST, Oct 24, 2013

SANTA ROSA, Calif. >> Residents of a Northern California community expressed skepticism today about a sheriff's deputy's decision to shoot a popular 13-year-old boy who was carrying a pellet gun that looked like an assault rifle.

A preliminary autopsy report released Thursday said Andy Lopez was shot seven times, and the two fatal wounds were in his right hip and the right side of his chest.

The final autopsy results won't be ready for several weeks.

Meanwhile, hundreds of people marched more than 3 miles from Santa Rosa City Hall to the field where Andy Lopez was killed Tuesday afternoon. Some lit candles and placed flowers at a makeshift memorial with printed pictures of the victim, stuffed animals and a balloon that read "RIP Andy L." An Aztec dance performance followed the march.

"It's very tragic and sad. It just happened so quick," said Noel Nunez, 15, a sophomore at nearby Elsie Allen High School. Still, he said deputies should have been able to tell the difference between a real gun and a replica weapon.

A Sonoma County sheriff's deputy twice told the boy to drop the weapon, but he instead raised it in the deputy's direction, police said at a news conference Wednesday.

"The deputy's mindset was that he was fearful that he was going to be shot," said Santa Rosa police Lt. Paul Henry, whose agency is investigating the shooting in the suburban town of roughly 170,000 people. It's about 50 miles northwest of San Francisco in California's wine country.

The gun looked just like an AK-47 assault rifle, with a black body and ammunition magazine, and a brown butt and grip. Only after the shooting did deputies realize it was a plastic replica, authorities said.

"Nobody should die for a misunderstanding, especially not a young boy who hasn't even started his life. It's just really sad knowing that," said Viviany Diaz Agirra Torres, 17. Torres said she wanted to know whether police gave Andy time to put the gun down before opening fire.

Hundreds of community members marched Wednesday night to remember the teen and protest the shooting, chanting "We need justice," the Press Democrat of Santa Rosa reported.

Police said two deputies were riding in a marked patrol vehicle and were in uniforms when they spotted Andy in a hooded sweatshirt and shorts at 3:14 p.m. Tuesday. His back was turned toward the deputies, and they did not realize he was a boy.

One of the deputies saw what appeared to be an assault rifle similar to an AK-47 in the teen's left hand. The deputies pulled over and took cover behind one of the vehicle's doors, according to police.

A witness reported seeing the patrol car's overhead emergency lights turn on and hearing the chirp of a siren, police said.

One of the deputies twice ordered Andy to drop the weapon, according to a witness, police said.

The teen was about 20 or 30 feet away from the deputies with his back toward them when he began turning around with what one deputy described as the barrel of the rifle rising up and turning in his direction, police said.

One deputy then fired several rounds, striking the boy at least once, Henry said. He was pronounced dead at the scene.

Investigators said they believe eight rounds were fired. The timeline released by Santa Rosa police says those shots were fired within 10 seconds of the deputies' first report of a suspicious person.

At Wednesday's news conference, Santa Rosa police displayed the pellet gun alongside a real AK-47. The two appeared strikingly similar.

Deputies also found a plastic handgun in the boy's waistband, police said.

The pellet gun did not have an orange-tipped barrel like other replica firearms, including the plastic handgun found in the boy's waistband, police said.

The deputies, who have not been identified, have been placed on administrative leave, which is standard after a shooting, sheriff's officials said.

Assistant Sheriff Lorenzo Duenas told the Press Democrat that the deputy who shot the teen is a 24-year veteran and his partner, who did not fire his weapon, is a new hire.


Thanawala reported from San Francisco.

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BlueDolphin53 wrote:
Some of these critics of the police are deluded. You go around carrying a replica of an assault weapon, you should expect to get shot. The age of the child is also totally irrelevant. Read the headlines about kid murders nowadays. Good grief.....
on October 24,2013 | 08:08PM
localguy wrote:
You say that like you mean it. Willing to bet if that had been your child you would feel different. Sadly some dysfunctional police officers think if a person fails to respond to their loud, yelled commands, that gives them the right to shoot to kill. Wrong answer. Happening way too many times in the news. These officers have not been trained by their supervisors to safely deal with people who may have mental or physical conditions to where they cannot respond, may be deaf, or have other issues. Some officers mistakenly stand out in the open instead of behind protection, then when they "feel threatened" also means they have the right to shoot to kill. Is this the best they can do? Look for charges to be filed against the officers. This did not have to happen.
on October 24,2013 | 09:44PM
BlueDolphin53 wrote:
Yeah and if the cop was your son, you'd probably feel differently to. So where are we going with this? Bottom line, the cops tells a guy carrying an AK47 (and in his mind that's exactly what it is) to drop the weapon. The guy doesn't and instead turns toward him and makes a move like he's lifting the weapon. What do you want him to do? You think he's a mind reader? "hey I think that guy is a little small. Maybe he's a 14 year old kid. And you know what? I think that might be a toy gun. Yeah that's it." if you really think this was not a justified shooting, you basically don't want officers defending themselves. Oh and the article clearly states they were behind the car door. Though what protection that would offer against an ak47 I have no idea.
on October 24,2013 | 10:55PM
lolo_kamaaina wrote:
Shoot first, ask questions later. Wild west mentality. Lopez. Perhaps he didn't understand English well? Kid turns around to see who is talking to him and gets shot at 8 times without firing a shot. I guess the "survivors" get to spin the story. Dead men (boy) can't tell his side of the story.
on October 24,2013 | 10:15PM
BlueDolphin53 wrote:
Or what? Get shot first and hope the guy is a bad shot so you can tell your side of the story? What did a cop do to you?
on October 24,2013 | 10:57PM
DeltaDag wrote:
Some have suggested that it may be the increasing number of militarized police officers (who likely were exposed to violent “shoot ‘em up” video games) as a possible contributor to such tragedies. Civilians and especially young males should expect an aggressive police response these days.
on October 25,2013 | 02:35AM
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