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Case of CA Deputy Killing Subject Carrying Pellet Gun Headed for SCOTUS

June 12, 2018  | 

The United States Supreme Court is being asked to shield Sonoma County, CA, Deputy Erick Gelhaus from being sued by the parents of Andy Lopez, the 13-year-old boy who in October of 2013 was carrying a pellet gun that closely resembled an AK-47 when Gelhaus fatally shot him.

The Los Angeles Times reports that several California law enforcement groups have joined Sonoma County lawyers in urging the justices to “support the common sense proposition that officers need not wait for a gun to actually be leveled or pointed at them before responding with deadly force to protect themselves and the public.”

“They stand a good chance of prevailing, even though the high court grants only about 1% of appeal petitions,” the Times said.

No charges were brought against Gelhaus, and the deputy soon returned to duty. But the boy’s parents filed a federal civil rights law alleging a 4th Amendment’s violation.

Sonoma County attorneys argued that Gelhaus should be granted immunity, but Oakland Chief District Judge Phyllis Hamilton refused, and by a 2-1 vote the 9th Circuit Court affirmed her decision.

The case of Gelhaus vs. Lopez has now reached the highest court in the land, and the justices could act on the case as soon as Monday.

Comments (3)

Displaying 1 - 3 of 3

kevcopaz @ 6/12/2018 4:44 PM

Well they better hope that the SCOTUS supports police in this incident or there will be hell to pay if officers are held personally responsible for doing their job IN A LEGAL & JUSTIFIED MANNER

Jon Retired LEO @ 6/12/2018 4:48 PM

What do you want to bet that Snake Sharpton has a hand in this lawsuit. Good old Snake smelling the color of money again. What a poor excuse for a human being!

Trigger @ 6/13/2018 7:00 AM

No one takes responsibilities for their actions, why did the kid not just drop the gun. Come on parents teach your kids right from wrong, to listen to authority (police, teachers, etc.), don't be stupid!

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