Boy, 13, was probably high when shot by Sonoma County deputy, D.A. says

A 13-year-old boy who was shot and killed by a Sonoma County sheriff's deputy was probably high from marijuana during the encounter, and it may have affected his ability to respond to orders, according to a report.

The revelation of Andy Lopez's blood sample comes out in a new report by the Sonoma County district attorney released Monday, ruling that Deputy Erick Gelhaus will not face charges for the teen's death.


Andy had reportedly smoked marijuana 60 to 75 minutes before his death "and was likely feeling the effects of that marijuana at the time of his encounter with the sheriff's deputies," according to the report.

Dr. Reese Jones, an expert in drug use and its effects, told prosecutors Andy may have experienced impaired judgment, slow decision-making skills and "dysfunctional attention to visual and auditory stimuli."

Andy was shot seven times, including in the chest and abdomen.

Prosecutors said Andy was carrying a replica AK-47 on Oct. 22, 2013, when he was approached by Gelhaus in response to a call about a suspicious person.

Gelhaus reportedly saw Andy walking in the area with the replica AK-47 at his side and asked him to drop the weapon.

But Andy reportedly turned toward Gelhaus and his partner and began walking toward them.

Fearing for his life, prosecutors said Gelhaus fired at Andy. At the time, prosecutors said Gelhaus thought the BB gun, which looked like an assault rifle, was real. The orange tip of Andy's gun had been removed, so it looked real, prosecutors said.

His death prompted public outcry, stirring numerous protests, including at the Santa Rosa Plaza.

Activists called on public officials to investigate Andy's death, but the latest report from the district attorney's office has only frustrated community members.

At least two protests were planned this week in Santa Rosa.

Supporters have also created a "Justice for Andy Lopez" Facebook page and joined the grassroots group Justice Coaliltion for Andy Lopez.

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