A federal judge ruled Thursday the family of 13-year-old Andy Lopez may proceed with part of their wrongful death lawsuits against Sonoma County and the sheriff's deputy who shot and killed their son.
U.S. District Judge Phyllis Hamilton lifted a portion of a stay she issued in February that barred any action on the lawsuit until District Attorney Jill Ravitch decides whether to prosecute the deputy, Erick Gelhaus.
Her new order sets a 30-day timeline for county lawyers to respond to the family's lawsuit, filed just days after the Oct. 22 shooting. It also requires the release of evidence related to claims of negligence against the county for its training policies.
But information about Gelhaus, including witness statements, depositions and police reports, will remain be kept from the family until after Ravitch announces a decision, the judge said.
"Not much is going to happen until then," said the county's lawyer, Steve Mitchell.
Lopez family attorney Arnoldo Casillas said he did not know when a decision would be announced. He noted the county's legal brief did not include a declaration from Ravitch, as it had in the past, seeking a stay on proceedings.
"I'd like to think it's an indication she is on the verge of a decision but it's just wild speculation on my part," Casillas said.
He said would request the stay on Gelhaus material be lifted if the district attorney fails to charge the deputy.
The family has not yet received police reports and has been unable to review evidence that could show wrongdoing on his part, Casillas said.
On the other hand, if Gelhaus is charged, Casillas said he would agree to reinstatement of the full stay until the criminal case plays out.
"I hope the decision is tomorrow and the decision is to prosecute," Casillas said.
Jonathan Melrod, an organizer with the Justice for Andy Lopez Coalition who attended Thursday's hearing in Oakland, said the family would ask federal prosecutors to intervene if Ravitch is unwilling to charge Gelhaus.
Protesters are planning to gather on Sebastopol Road the day of any decision and stage a rally in downtown Santa Rosa at Old Courthouse Square.
Melrod said future marches could target the federal building in Santa Rosa to get the attention of the U.S. attorney.
Ravitch, whose office has been reviewing a Santa Rosa police report on the shooting since late January, has not said what she intends to do. Nor has she said when she will announce a decision.
A county protocol for officer-involved incidents suggests any charges be decided within 90 days of receipt of investigative reports. But Ravitch has said she is not bound by that recommendation.
Lopez was shot seven times by Gelhaus as he walked along Moorland Avenue in southwest Santa Rosa with what Gelhaus said he thought was an AK-47. It turned out to be an airsoft BB gun designed to resemble an assault rifle.
His parents, Rodrigo and Sujey Lopez, have sued in federal court, contending the shooting was unjustified and Gelhaus acted recklessly. The suit also says the Sheriff's Office encouraged the use of excessive force.
The suit seeks unspecified damages that could exceed the $24 million Casillas won last year for the family of a Los Angeles boy who was shot and paralyzed by police while playing with a BB gun.
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