Attorney: Deputy 'emotional' after Andy Lopez shooting

  • Law enforcement investigators cover the body of a person shot and killed by officers near the corner of Moorland and West Robles avenues in Santa Rosa on Tuesday, October 22, 2013. The teen or young man was spotted carrying what appeared to be a handgun and a rifle shortly after 3 p.m. by deputies on patrol. (Conner Jay/The Press Democrat)

The Sonoma County sheriff's deputy who shot 13-year-old Andy Lopez has been "very emotional" about the fatal encounter in the midst of a massive public response that has fueled marches, vigils and heated public commentary, his attorney said.

Nonetheless, Deputy Erick Gelhaus believed Lopez held a high-powered assault rifle during the Oct. 22 incident and acted appropriately to protect himself, his partner and the neighborhood, attorney Terry Leoni said.

"No law enforcement officer wants to have to do this," said Leoni of the Pleasant Hill firm Rains Lucia Stern. "He feels emotional about the loss of this young man's life. He is emotional about the effect on the family."

Amid widespread media coverage, others have begun stepping forward to defend and question Gelhaus' actions. A longtime local paramedic credits Gelhaus with saving his life as he wrestled with a distraught patient along Highway 101 amid traffic. Another man said he was deeply rattled after Gelhaus held him at gunpoint twice during a traffic stop.

Leoni, part of the firm's peace officers criminal defense practice group, said she also is representing the deputy who was with Gelhaus at the time of the shooting. She did not identify the deputy, who did not shoot at Lopez and has not been named by law enforcement.

"He also believed that this was a real AK-47, he understood the dangerousness of it, and he believed there was a lethal threat, as well," Leoni said of the deputy with Gelhaus. "He has 11 years' experience; he's not new to this situation."

Gelhaus and the deputy he was training were on routine patrol when they spotted Lopez just after 3 p.m. walking on Moorland Avenue carrying what appeared to be an AK-47 assault rifle, which was later found to be an airsoft BB gun. Gelhaus was in the passenger seat and the other deputy was behind the wheel.

The deputy pulled up behind Lopez and Gelhaus ordered Lopez to drop his gun "at least one or two times," Leoni said. He got out of the patrol car and, in the cover of the open car door, fired eight rounds.

"Mr. Lopez began to turn in his direction and raised the gun in his direction," Leoni said. "He (Gelhaus) was faced in a lethal situation by an extremely dangerous firearm."

Gelhaus' attorney defended the veteran deputy's actions as based on a 24-year career with the Sheriff's Office during which he's never had to fire his weapon.

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