The fatal killing of Andy Lopez by Sonoma County sheriff's deputy Erick Gelhaus took place on October 22, 2013, in Santa Rosa, California.
On July 1, 2015, the FBI announced no criminal charges would be filed against Gelhaus, due to lack of evidence to prove that he violated Lopez's civil rights.
[5] He accidentally shot himself in the leg in 1995 while on duty with the sheriff's office, reportedly while holstering a gun during an attempt at searching a teenager for weapons.
[6][7] According to Santa Rosa Police Lieutenant Paul Henry, two Sonoma County sheriff's deputies (Gelhaus and Michael Schemmel; Schemmel was driving the patrol car)[8] were patrolling the Moorland Avenue neighborhood when they spotted Andy Lopez approximately 25 yards (23 m) ahead carrying an airsoft replica of an AK-47 assault rifle[9] while he was walking on Moorland, just past the corner of West Robles Avenue.
[10] The deputies broadcast "shots fired" to dispatch at 3:14:17 p.m., indicating the total time from initial contact to the shooting was seventeen seconds.
Two of the shots delivered fatal wounds, with one round hitting Lopez on his side while he was turning to face the police, at least four entering from the rear, according to an autopsy.
[17] Investigators said Gelhaus feared for the safety of himself and his partner, and had to make an immediate decision to shoot when Lopez turned around and allegedly began raising the apparent assault weapon in their direction.
According to a Justice Department spokesman, the decision to not file charges against Gelhaus was due to insufficient evidence that he willfully used excessive force that resulted in Lopez's death.
A group of federal prosecutors and FBI agents reviewed the case and determine there was a lack of evidence Gelhaus violated Andy Lopez's civil rights.
[21] Arnoldo Casillas, the lawyer representing Lopez's family, said that the shooting was unconstitutional because it violated the Fourth Amendment's limits on police authority.
[21] In February 2016, the trial was delayed by Sonoma County's challenge to the January ruling by U.S. District Court Judge Phyllis Jean Hamilton that allowed the case brought by the parents of Andy Lopez to go forward.
Steven Mitchell, the attorney who would have defended Sonoma County in the federal lawsuit filed by Lopez's parents, committed suicide two weeks after the decision to delay the case was made.
Lawyer John Burris, who represented the family of police shooting victim Oscar Grant, gave a speech at the rally.
[34] Rallies were held statewide on November 9, 2013, in Santa Rosa, Oakland, San Francisco, Los Angeles, Sacramento, and Merced.
There were 80 people attending that protest, consisting of local middle and high-school students, and several members of By Any Means Necessary (BAMN), a Bay Area-based civil rights group.
[42] On July 12, 2014, more than 100 protesters held a rally at the Old Courthouse Square in Santa Rosa, demonstrating their disapproval with prosecutors' decision to not file charges against Erick Gelhaus.
[43] On June 2, 2020, a memorial and march was held in Santa Rosa in Lopez’s honor, on what would have been his 20th birthday, and coinciding with the George Floyd protests.