- Associated Press - Friday, September 22, 2017

SAN FRANCISCO (AP) - A federal appeals court says there is ample evidence for a jury to conclude that a California teenager carrying a toy gun did not pose an immediate danger to a sheriff’s deputy who shot and killed him.

A divided three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday refused to find Sonoma County Sheriff’s Deputy Erick Gelhaus exempt from liability for the 2013 shooting of 13-year-old Andy Lopez in Santa Rosa.

Ninth Circuit Judge Milan Smith said there was evidence to support a lower court’s determination that the barrel of Lopez’s toy gun may not have risen to a level that posed a threat to the deputy.

Trump asks nation to pray over his impeachment, says he's done nothing wrong
Sen. McSally not sorry for insulting CNN reporter: 'I'm a fighter pilot. I called it like it is'
House Democrats release more Lev Parnas documents

The ruling kept a lawsuit filed by Lopez’s family against Gelhaus and Sonoma County alive.

Noah Blechman, an attorney who represented the county, said the ruling was at odds with several U.S. Supreme Court decisions.

Sign up for Daily Newsletters

Manage Newsletters

Copyright © 2020 The Washington Times, LLC.

Please read our comment policy before commenting.


Click to Read More and View Comments

Click to Hide