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FreakinDJ

(17,644 posts)
Sat Oct 26, 2013, 08:48 AM Oct 2013

FBI to investigate Andy Lopez shooting

Source: By BRETT WILKISON / THE PRESS DEMOCRAT

The FBI is launching its own investigation into the shooting this week of Andy Lopez, the 13-year-old Santa Rosa boy killed by a Sonoma County sheriff’s deputy who mistook the BB gun Lopez was holding for an assault rifle.

FBI officials notified command staff for Sheriff Steve Freitas and Santa Rosa Police Chief Tom Schwedhelm of the move Friday.

The federal inquiry is separate from the investigation led by Santa Rosa police into the deputy-involved shooting.




“We’re going to look into the facts of that,” said Peter Lee, a public affairs specialist with the bureau. “It’s a civil rights-type of case.”



Read more: http://www.pressdemocrat.com/article/20131025/articles/131029673?title=FBI-to-investigate-Andy-Lopez-shooting



The trajectory of the bullets that riddled that little boys body are going to tell the tale. Which bullet hit him when he was standing up and the 6 others that hit him when he was already laying on the ground.

Acts of violence like this against small children were not even tolerated during combat in Vietnam
35 replies = new reply since forum marked as read
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FBI to investigate Andy Lopez shooting (Original Post) FreakinDJ Oct 2013 OP
I'm glad to hear this.. sendero Oct 2013 #1
Sonoma County Sheriff's have a history of Suppressing information in Officer Involved shootings FreakinDJ Oct 2013 #2
7 times for carrying a toy gun??? Hutzpa Oct 2013 #3
Did the police not say anything abelenkpe Oct 2013 #4
Not alone at all FreakinDJ Oct 2013 #5
They shouted twice at him to drop the weapon, Ranchemp. Oct 2013 #7
Fear not...it's been cleared up. Shooting an unarmed child is never justified. DisgustipatedinCA Oct 2013 #9
And lest you think I'm trying to justifiy this, Ranchemp. Oct 2013 #10
OK. Thank you. nt DisgustipatedinCA Oct 2013 #13
By 24 yr veteran would they be talking about this guy FreakinDJ Oct 2013 #15
I don't know the particulars of those cases, Ranchemp. Oct 2013 #17
Hispanic community usually never says too much FreakinDJ Oct 2013 #18
The Hispanic community should stand up and shout as one loud and clear if they think Ranchemp. Oct 2013 #19
You'll have to forgive my emotional replies FreakinDJ Oct 2013 #20
I understand the emotion, I applaud you for it, Ranchemp. Oct 2013 #21
True enough FreakinDJ Oct 2013 #23
No need to be forgiven, Ranchemp. Oct 2013 #24
the fact that the other deputy did not fire a shot is very telling frylock Oct 2013 #28
Nail the fucking cops cosmicone Oct 2013 #6
The situation is getting tense in Santa Rosa Link Speed Oct 2013 #8
You've already stated you'd blow the child's brains out if he stepped into your yard. DisgustipatedinCA Oct 2013 #11
I'm a farmer Link Speed Oct 2013 #22
Given the Cops have Harrased the Hispanic Community in Santa Rosa for Decades FreakinDJ Oct 2013 #12
They have every right to be out protesting, Ranchemp. Oct 2013 #16
it's too bad their rights abruptly end after the 1st amendment. uncle ray Oct 2013 #30
How is that? Ranchemp. Oct 2013 #31
This whole country has become afraid of it's own shadow cops included damnedifIknow Oct 2013 #14
Shoot first. Ask questions later. sulphurdunn Oct 2013 #25
The cop's defense is they thought sulphurdunn Oct 2013 #26
I can't tell whether you're being sincere or sarcastic or trying to make a point. Nine Oct 2013 #27
My point was to remind people sulphurdunn Oct 2013 #29
Open carry is NOT legal in California unless your hunting. Ranchemp. Oct 2013 #32
If my reading of the law sulphurdunn Oct 2013 #33
Not any more. Ranchemp. Oct 2013 #34
OK, I stand corrected. sulphurdunn Oct 2013 #35

sendero

(28,552 posts)
1. I'm glad to hear this..
Sat Oct 26, 2013, 09:28 AM
Oct 2013

... I'm tired of ridiculous internal affairs investigations whose sole purpose is always "nothing to see here move along".

 

FreakinDJ

(17,644 posts)
2. Sonoma County Sheriff's have a history of Suppressing information in Officer Involved shootings
Sat Oct 26, 2013, 09:56 AM
Oct 2013
Sgt. Mark Fuston, a much-decorated veteran deputy who is a firearms instructor and heads the Sheriff’s SWAT Team, was involved in an earlier, non-fatal shooting in 2002 when he was an officer in Windsor.

In the latest incident, Fuston shot Albert Mike Leday Jr., 49, after a high speed chase that ended in Santa Rosa at the entry to the Coddingtown Mall parking lot. Leday was shot once after he refused to surrender and, investigators have said, appeared to reach behind into his waistband.

http://www.stevefabianlaw.com/in-the-news-3/

Hutzpa

(11,461 posts)
3. 7 times for carrying a toy gun???
Sat Oct 26, 2013, 10:17 AM
Oct 2013

C'mon man!

What can be so threatening so much that it prevents you from using your common sense
to make a sound judgement?

abelenkpe

(9,933 posts)
4. Did the police not say anything
Sat Oct 26, 2013, 10:18 AM
Oct 2013

Before shooting and killing him? Do they not warn people or ask them to put down their perceived weapon before shooting anymore? Am I alone in thinking this whole tragic story would have turned out differently if the police had used their voice before their bullets?

Please tell me the offier who shot this kid has been fired.

 

FreakinDJ

(17,644 posts)
5. Not alone at all
Sat Oct 26, 2013, 10:24 AM
Oct 2013

10 seconds and it was all over

There is a dispute was the siren ever sounded

Were shots fired before the kid ever had a chance to turn around

and of course the Eye Witness statement the officer walked over and pumped 6 more bullets in the 13 yr olds body while he was on the ground

ALL that in 10 seconds

 

Ranchemp.

(1,991 posts)
7. They shouted twice at him to drop the weapon,
Sat Oct 26, 2013, 01:05 PM
Oct 2013
Among the prominent issues in the case is a timeline released Thursday by Santa Rosa police, who are also investigating the shooting. That account shows that only 10 seconds passed between the time two deputies first reported spotting Lopez, who was carrying a replica assault rifle that was actually a pellet or BB gun, and the time they reported shots fired. The deputies had pulled up behind Lopez and, according to police and sheriff's accounts, and in that 10 seconds, they called for backup, took cover behind their open car doors, and warned Lopez twice to put down his gun. Police say one of the deputies, a 24-year veteran of the department, opened fire when the teen turned around. The deputy fired eight shots with his service weapon, hitting the eighth grader seven times. The second deputy did not open fire.


http://blogs.kqed.org/newsfix/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/

Glad the FBI is looking into this, it should help to clear up whether or not this was a justified shooting.

 

DisgustipatedinCA

(12,530 posts)
9. Fear not...it's been cleared up. Shooting an unarmed child is never justified.
Sat Oct 26, 2013, 02:46 PM
Oct 2013

Those who try to justify such a thing are doing so at the cost of some of their humanity.

 

Ranchemp.

(1,991 posts)
10. And lest you think I'm trying to justifiy this,
Sat Oct 26, 2013, 02:49 PM
Oct 2013

you should read all my posts on this subject, all I did was answer a question from a poster and provide a link.
Nothing more, nothing less.

 

FreakinDJ

(17,644 posts)
15. By 24 yr veteran would they be talking about this guy
Sat Oct 26, 2013, 02:56 PM
Oct 2013


If so - he has already been cleared in the shooting and killing of 3 unarmed citizens

Kind of like a broken record - "I was in fear for my life"
 

Ranchemp.

(1,991 posts)
17. I don't know the particulars of those cases,
Sat Oct 26, 2013, 03:02 PM
Oct 2013

I might have a difference of opinion, but this case, not all the particulars have come out yet, that's why I'm withholding judgement until I see all the evidence.
I guess I'm kind of weird that way, you know, this whole thing about being innocent until proven guilty.

 

FreakinDJ

(17,644 posts)
18. Hispanic community usually never says too much
Sat Oct 26, 2013, 03:18 PM
Oct 2013

Too many questionable immigration status friends and relatives.

But in THIS case they are speaking up and being very vocal but so far the majority of the media has been towing the line regurgitating the Sheriff Dept. talking points.

Only KTVU broke ranks and aired the opposing eye witness statements. Only 1 local Radio station aired statements from other kids who play with airsoft guns in that field all the time. Other Eye Witnesses in fear for their own life don't want to be known to the Sheriffs Dept.

AND Who ordered the Video be taken down from the Web

Sonoma County Attorneys and the ACLU have filed complaints concerning the Sheriff's handling and secrecy of the details of this investigation and other investigation concerning Officer Involved shootings with Unarmed Citizens and THIS Cop in particular

Yes - Lets see what comes out

But the Sonoma County Sheriffs Dept. is going to delay the release of information for years if at all in hopes these folk will go away

 

Ranchemp.

(1,991 posts)
19. The Hispanic community should stand up and shout as one loud and clear if they think
Sat Oct 26, 2013, 03:26 PM
Oct 2013

an injustice has been done, as they are doing now, I applaud them for that, they're exercising their 1A right.

Sonoma County SO can attempt to delay the report all they want, but there are 2 other agencies besides the FBI investigating and I doubt they can delay their findings, especially the FBI's official report.

I have said from the beginning that I'm waiting for the official report to be rendered before I judge whether or not this was a justified use of force, yet, I've been accused of justifying, supporting or otherwise approving of these officers actions, which is wholly untrue, at this point in the investigation, there's not enough out there, for me, to make that judgement.

 

FreakinDJ

(17,644 posts)
20. You'll have to forgive my emotional replies
Sat Oct 26, 2013, 03:43 PM
Oct 2013

but I'm not going to be quiet on the fact this case is highly disputed among the locals - some of who witnessed the events

I've seen post from some faulting the child because he was held back in school

or a 13 yr old should have the presence of mind to know how exactly to react to cops shouting at him

or because he had a very popular toy

In honesty - Cops are extensively trained how to react. Specifically how to recognize "When To Shoot and When Not to". Given all the circumstances at hand the Rookie did not fire - not 1 shot should be speaking volumes to everyone concerned

Given the Body size alone of the 13 yr old - the officer should have known full well he was dealing with a child

When you combine that with the Eye Witness Testimony and Autopsy results - this looks Really Really Bad on the officer who fired all those bullets into a 13yr old boy

 

Ranchemp.

(1,991 posts)
21. I understand the emotion, I applaud you for it,
Sat Oct 26, 2013, 03:50 PM
Oct 2013

you live or used to live in the area, you have the pulse of the area, and I never tell people to be quiet, that would go against everything I believe in as far as our rights.

My only problem with you, not as a person, but your immediate branding me as justifying these officers is what elicited my response to you.

Here's my idea, let's step back and introduce ourselves.
Hi, I'm Ranchemp. and I'm pleased to make your acquaintance.

I'll bet we have a lot in common politically and it would be a shame to let this particular subject create bad feelings.

 

FreakinDJ

(17,644 posts)
23. True enough
Sat Oct 26, 2013, 04:05 PM
Oct 2013

I've raised 3 boys, 1 of which I just took to the airport for his work in Germany. My youngest is playing basketball in the street 3 doors down

I over reacted to the sheriff's regurgitation of statements designed to clear the officer involved of all wrong doing. Much of the news media followed suit. The first radio reports I heard aired witness statements that conflicted with the official statements and I've been on a tear ever since - forgive me

My father - A proud Irish Catholic WWII vet was the same way and even served a tenure as president of the Santa Rosa Chapter of the Optimist Club - if you don't know what they're all about you'll have to look that 1 up.

But needless to say he instilled this "Kids Deserve a Break" or Helping Kids Mentality in me from the time I was this kids age. I'm not some kind of political/community activist or even consider myself part of the Hispanic Community

But this 1 got me

 

Ranchemp.

(1,991 posts)
24. No need to be forgiven,
Sat Oct 26, 2013, 04:12 PM
Oct 2013

I imagine that if the same thing happened in my neighborhood, I would likely act the same way.

I do know about the Optimist Club, my late father was also a member of a chapter.

Glad we could talk and I look forward to talking in the future.

Have a great Saturday, it's beautiful here.

 

cosmicone

(11,014 posts)
6. Nail the fucking cops
Sat Oct 26, 2013, 12:40 PM
Oct 2013

They have become trigger happy and arrogant since the patriot act gave them unlimited powers.

They didn't even wait long enough to see if the kid heard the command or if he knew they were cops.

What if there was someone who didn't understand English and turned to see what the commotion was. What was despicable that the cops blamed the kid's parents !!

 

Link Speed

(650 posts)
8. The situation is getting tense in Santa Rosa
Sat Oct 26, 2013, 02:40 PM
Oct 2013

People are in the streets for the third day, shouting, cursing and waving signs.

 

DisgustipatedinCA

(12,530 posts)
11. You've already stated you'd blow the child's brains out if he stepped into your yard.
Sat Oct 26, 2013, 02:51 PM
Oct 2013

Do you think statements like that might tend to contribute to tensions? I do. I called you neighbor a few days ago when I found out you live just down the road from Santa Rosa. I'm not calling you neighbor anymore. I don't make common cause with those who like to hypothetically fantasize about murdering kids.

 

Link Speed

(650 posts)
22. I'm a farmer
Sat Oct 26, 2013, 04:00 PM
Oct 2013

We have ongoing problems with growers on our properties, some leading to armed confrontations. Those fucks have stolen my horses and eaten my goats. If I find an armed person on my land I am not going to ask if the firearm is real or not.

Maybe I have a different perspective. I was not putting myself in those cops' situation, just speaking for myself from my own experience.

Just to be clear, I did not say I would "blow the child's brains out". I am a combat veteran and I know that headshots on a moving target are not too efficient. Torso hits are better bets.

I hope the involvement of FBI damps this thing down a bit. The Sonoma County Sheriff's Dept has become somewhat militarized and things could get nasty.

 

FreakinDJ

(17,644 posts)
12. Given the Cops have Harrased the Hispanic Community in Santa Rosa for Decades
Sat Oct 26, 2013, 02:51 PM
Oct 2013

you thought it wouldn't

Especially after shooting and Killing a 13 yr old Boy with Witness Statements exclaiming it was more like an Execution Style slaying.

Used to listen to a police scanner at a friends house on Friday nights. The cops used to sit down the street and pull over every car with Mexicans in it looking for some thing they could arrest them with.

Used to live on Juniper Ave. a couple of blocks away from where this happened and I know 1st hand a lot about this neighborhood. A shooting like this or even the EXTRA SCRUTINY / High Police Profile would have NEVER have happened in Rincon Valley, Bennett Valley, Montecito Heights or any of the predominantly White Neighborhoods in Santa Rosa

 

Ranchemp.

(1,991 posts)
16. They have every right to be out protesting,
Sat Oct 26, 2013, 02:57 PM
Oct 2013

that's part of our 1st Amendment right, as long as they keep it peaceful, ie: no violent acts, then I support that right.

 

sulphurdunn

(6,891 posts)
25. Shoot first. Ask questions later.
Sat Oct 26, 2013, 04:22 PM
Oct 2013

It's the way cops are trained these days. If they don't change their ways pretty soon, the public may decide to employ the same response as a matter of self-defense when encountering Rambo cops.

 

sulphurdunn

(6,891 posts)
26. The cop's defense is they thought
Sat Oct 26, 2013, 04:34 PM
Oct 2013

the kid was carrying an assault rifle. When did it become illegal to walk down the street with an assault rifle?

Nine

(1,741 posts)
27. I can't tell whether you're being sincere or sarcastic or trying to make a point.
Sat Oct 26, 2013, 05:12 PM
Oct 2013

To me, this case highlights the problem with open carry. You can't tell the "bad guy with a gun" from the "good guy with a gun" (if you even accept the NRA's simplistic view). Or in this case the good guy with a toy gun. I don't want idiots walking down the street with assault rifles. And I don't want kids endangering themselves by walking down the street with a toy assault rifle that looks real. I also don't want to see a kid with an assault weapon myself and have to worry about whether it's real or not.

 

sulphurdunn

(6,891 posts)
29. My point was to remind people
Sun Oct 27, 2013, 09:50 AM
Oct 2013

of some facts. Whether or not it's a good idea, open carry is legal. Just ask the teabaggers who suit up and parade around like Rambo in front of lots of cops just to make the point. None of them have ever been shot for it. In this case the cops gunned down an innocent kids who wouldn't have been breaking the law if his toy gun had been real. The boy was murdered by a trigger happy cop. The tactic of unloading lots of rounds on a target is something they learn from the paramilitary patrolling that now passes for policing in this country. Even a mistake is hard to rectify when you shoot somebody eight times.

 

sulphurdunn

(6,891 posts)
33. If my reading of the law
Sun Oct 27, 2013, 11:29 AM
Oct 2013

is correct, the open carry ban does not apply to long guns. The boy who was killed was carrying a toy long gun. Ergo, the shooting was illegal.

 

Ranchemp.

(1,991 posts)
34. Not any more.
Sun Oct 27, 2013, 11:38 AM
Oct 2013
Open carry.

Open carry of loaded or unloaded firearms in public is generally prohibited, although open carry may be allowed in unincorporated rural areas under certain circumstances.

Personal possession (i.e., carry) of a loaded firearm is prohibited in incorporated areas (such as inside city limits) or prohibited areas of unincorporated territory without a license to carry or other exemption provided for by law.[24] A license to carry "loaded and exposed" may be issued by a Police Chief or County Sheriff in a county with population of less than 200,000 persons at the last census.[25] No license or permit is required to openly carry a loaded firearm in unincorporated areas where discharge is not prohibited by local ordinance.

Carrying a loaded magazine separate from the handgun is also not prohibited under the penal code (Subdivision (g) of California Penal Code §12031 defines what constitutes a loaded weapon).

In the case of People v. Clark (1996) a shotgun shell attached to the shotgun, although not chambered or placed in a position where it was able to be fired, was declared to be legal under California law and the charge of having a loaded firearm against Clark was dismissed.

Prior to January 1, 2012, it was legal to openly carry an unloaded handgun in public. In October 2011, Governor Jerry Brown signed a bill that modifies the law on openly carrying an unloaded firearm to match the restrictions for openly carrying a loaded weapon.[26] Legislation was later signed by Governor Brown to expand these restrictions to long guns and shotguns.


http://en.wikipedia.org/wiki/Gun_laws_in_California#Open_carry

After the law was signed banning the open carrying of handguns, certain open carry advocates (idiots) started to open carry long guns, so, the CA. legislature just amended the law and Gov. Brown signed it.
 

sulphurdunn

(6,891 posts)
35. OK, I stand corrected.
Sun Oct 27, 2013, 11:45 AM
Oct 2013

The salient point remains: the kid wasn't carrying a gun. The cop was. The kid's dead. The cop has a lot of explaining to do. The fact he acted under color of law does not change that.

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