Facts

Rodrigo Lopez and Sujay Cruz filed a civil rights lawsuit against Deputy Erick Gelhaus and the County of Sonoma in relation to the death of their 13-year-old son, Andy Lopez.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Gelhaus shot their son seven times when decedent was walking along the sidewalk and carrying an airsoft toy rifle even though deputies could tell he was a teenager. Furthermore, plaintiffs contended when the deputies called out to decedent, only three seconds passed before the first shot was fired. Similarly, plaintiffs claimed that decedent did not make any threatening gestures or movements. Additionally, plaintiffs contended that the Gelhaus has been known to recklessly draw his firearm and to use excessive force and that the county was aware of his tendencies. Plaintiffs also claimed that the county was aware of Gelhaus' racist tendencies.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions. Defendants claimed that the deputies had an objective reasonable belief that decedent posed an imminent threat of death or serious injury because they observed a person in an area known for gang activity carrying a gun resembling an AK-47. Defendants contended that decedent did not follow the deputies' demand to drop the gun. Instead, defense claimed, decedent turned towards the deputies with the barrel of the gun beginning to rise. Defendants claimed they believed the AK 47 was real, and fearing for his life, one deputy fatally shot decedent. Defendants argued that the deputy is entitled to qualified immunity.

Result

The parties reached a settlement for $3 million.