The Sonoma County Board of Supervisors has 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.
A county spokeswoman said the settlement, which the board unanimously approved in a closed-door session on Tuesday, includes legal fees but does not admit liability or fault on the behalf of the county.
“Andyâs tragic death five years ago was a heartbreaking moment for the entire community,” said James Gore, chair of the Board of Supervisors, in a statement. “The settlement today is a moment to move forward in the healing process.”
Lopez was shot seven times 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.
The killing sparked outrage from the community, as did Gelhaus’ promotion to sergeant in 2016.
It also sparked local and federal investigations into Gelhaus’ actions. He was cleared of criminal wrongdoing by the U.S. Department of Justice and Sonoma County District Attorney’s Office in July, 2014.
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 proceed to a trial.
“In the end, the sheriff’s office and the county decided the best thing was to settle the case,” said Sonoma County Sheriff Rob Giordano in a Facebook video. “Bottom line, a 13-year-old died.”
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