Ninety days after Santa Rosa police turned over their reports on the October shooting death of 13-year-old Andy Lopez, the Sonoma County District Attorney's Office announced Tuesday it is still investigating the incident to determine whether the sheriff's deputy who fired the fatal shots violated the law.
District Attorney Jill Ravitch's much-awaited decision could come before or after a June 3 election in which she is seeking a second term in office.
Activists critical of local law enforcement agencies in the aftermath of the shooting have pressured Ravitch to charge Deputy Erick Gelhaus. On Tuesday, a group of about 10 demonstrators with the Justice Coalition for Andy Lopez gathered at 11:30a.m. outside Ravitch's office at the county courthouse to demand she make her decision.
"I think it's really important to keep this in the forefront of people's attention," said Marni Wroth of Forestville. "We're tired of officers (involved in shootings) not getting repercussions."
The county's protocol for investigation of fatal, officer-involved shootings states that it is the district attorney's responsibility to provide a written summary within 90 days addressing whether officers involved broke the law.
Ravitch has said the 90-day window is a guideline, not a legal requirement. In a statement Tuesday, the district attorney said she was "mindful" that the community is anxious for her office to issue a decision. But she did not provide a timeline for when the report will be finished.
"I will release my decision and its basis to the public once we have completed this process," Ravitch said. "I ask for your patience as we continue to seek a just decision with the utmost integrity, seriousness and fairness."
Ravitch was attending a quarterly meeting of Bay Area district attorneys Tuesday in San Mateo County and was unavailable for an interview. She released a written statement knowing that people would be curious about the case and that she would not be there to answer questions, said Assistant Sonoma County District Attorney Christine Cook.
Ravitch is entering the final stretch of her re-election campaign, vying against Victoria Shanahan, a deputy prosecutor from her office. Voters can begin casting ballots by mail Monday.
Some activists have accused Ravitch of putting off the politically fraught decision on Gelhaus until after the election.
Cook rejected that speculation.
"Election politics play absolutely no role in our office's investigation," she said.
The last two cases the District Attorney's Office investigated under the critical-incident protocol were completed in fewer than 90days.
But those timelines shouldn't constrain work on the Lopez case, Cook suggested.
"Each case stands on its own, with its own facts, circumstances and merits," she said. "This was an extensive (police) investigation and there has been an extensive continuing investigation. It's going to take the time it takes to make sure no stone is left unturned."
Gelhaus and another sheriff's deputy spotted Lopez on the afternoon of Oct. 22 while the teen was walking along Moorland Avenue carrying an airsoft BB gun that resembled an AK-47 assault rifle. After yelling for Lopez to drop the weapon, Gelhaus fired seven shots that hit the boy, later telling investigators he felt threatened by the way Lopez raised the gun as he turned.
Ravitch said that prosecutors and investigators in her office have taken numerous steps, including reviewing the Santa Rosa Police Department's investigation; interviewing and re-interviewing witnesses; seeking out expert consultants on "pertinent" issues; requesting extra forensic analysis of evidence; and getting "extensive" background information about the people involved in the shooting and the unincorporated southwest Santa Rosa neighborhood where it took place.
Her office is still waiting for the final reports of the expert consultants, as well as some of the forensic analysis of evidence.
Cook would not say how long it will take for those reports to be completed, nor would she say what experts the office was consulting or which issues it has identified for additional investigation.
In her written statement, Ravitch said her office has an obligation not to discuss the details of the investigation while reports are still under review.
Protesters Ana Salgado of Santa Rosa and Frank Saiz of Forestville reiterated the call by Lopez protesters that Ravitch hand over the investigation to the state Attorney General's Office.
"If she was really serious about making a decision, she would have compelled herself to make one by now," Saiz said.
But Cook, citing public statements by Ravitch, said the attorney general determined earlier this year Ravitch's office had no conflict that would prohibit it from handling the matter.
Salgado said she was glad that Ravitch released some information about where the case stands.
"We were hoping they'd say at least something to give a better vision of what will happen next," she said.
Santa Rosa Police and Sonoma County Sheriff's officials said they have not been informed of when the district attorney will reach a decision. They are preparing for possible protests in the event that Ravitch decides not to prosecute Gelhaus, officials said.
Interim Santa Rosa Police Chief Hank Schreeder said his officers are undergoing training on communication during demonstrations. Assistant Sheriff Lorenzo Due?s said the county was reviewing transportation, staffing levels and other logistics.
"We're thinking about it and putting the pieces in place," Schreeder said. "We want to have enough resources to keep the peace."
(You can reach Staff Writer Jamie Hansen at 521-5205 or jamie.hansen@
pressdemocrat.com.)
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