Andy Lopez Family Files Federal Lawsuit, Claiming Violation of Fourth Amendment
Source: NBC Bay Area
The parents of a 13-year-old Santa Rosa boy killed by a sheriff's deputy who thought the airsoft rifle he was carrying was real has filed a lawsuit over their son's death, claiming the deputy who shot him used excessive force and had a history of "reckless" acts.
Andy Lopez was a "charismatic kid" who was "shot without provocation or cause," in violation of his Fourth Amendment rights, according to the suit (PDF), which Rodrigo Lopez and Sujey Cruz Casarez filed Monday in San Francisco federal court.
They are represented by Casillas, Moreno and Associates, based in Montebello, Calif., which won a $24 million verdict after a Los Angeles police officer there shot a 13-year-old boy playing cops and robbers, leaving him paralyzed.
At a news conference with their lawyers, Andy's father asked for "justice," and relatives wiped away tears. Attorney Arnoldo Casillas said the lawsuit over Andy Lopez's death will ensure an "honest" investigation into what happened.
Read more: http://www.nbcbayarea.com/news/local/Andy-Lopez-Family-to-File-Federal-Lawsuit-Claiming-Violation-of-Fourth-Amendment-230501401.html
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gopiscrap
(23,765 posts)FreakinDJ
(17,644 posts)http://sanfrancisco.cbslocal.com/2013/11/04/13-year-old-shooting-victims-family-files-federal-lawsuit-against-sonoma-co-sheriffs-deputy/
Gun measures 34.5 inches long, 2 inches wide, 10 inches high, and weighs 5 pounds
http://www.amazon.com/Style-Airsoft-Electric-Completed-magazine/dp/B000CK6DKY
NickB79
(19,270 posts)People frequently swing real guns around as well in a "playful manner". We call them gun nuts, and they frequently cause harm. And if he was "swinging it" as the witness says, that benefits the police as well, because part of their argument to justify the shooting was that the child swung around, pointing the gun in their direction when they told him to drop the gun.
So he was approximately the same size of many grown men? "Only" 5'4" and 140 lb? I graduated from college with grown men smaller than that.
I recall that this man killed 6 hunters in the woods, and was smaller than 5'4": http://en.wikipedia.org/wiki/Chai_Vang.
Gun measures 34.5 inches long, 2 inches wide, 10 inches high, and weighs 5 pounds
The dimensions of a REAL AK-47: 34" long and 415mm wide (pretty close to 2" width). So, dimensionally it was very realistic.
And the weight is irrelevant, unless the officer held the airsoft gun before handing it back to the kid and then shooting him.
The most likely outcome is that the parents sue, the department will settle out of court for a pittance, and the officer will keep his job. If it went to court, all the department would have to do is display the Airsoft AK next to a real one from their collection for the jury to see, keeping the two at the same distance from the jurists that the officer was from the child.
Given that some Airsoft guns are now so realistic, they can be converted to REAL working guns (http://www.foxnews.com/us/2010/05/06/exclusive-toy-gun-sold-easily-turned-real-thing/), it would be impressive to find a jury that sided with the parents.
FreakinDJ
(17,644 posts)Honestly - do you really believe that
Love the Fuxnoise quote btw
NickB79
(19,270 posts)Unless you think the ATF made a mistake?
The higher-end ones are made of metal components, and are amazing realistic until you get up close to them.
Sorry about the Fox News source, it was one of the first to come up on Google.
Perhaps you'd like these instead?
http://www.king5.com/news/local/Machine-guns-seized-at-Tacoma-port-85246447.html
FreakinDJ
(17,644 posts)I couldn't have said it any better myself - but your own link said it for me
You tirade of blaming the victim and his family is disgraceful
