California deputy kills 13-year-old carrying fake rifle

[Teh One Who Knocks]

CNN News Wire


http://i.imgur.com/dG2QksT.jpg

SANTA ROSA, Calif. — A sheriff’s deputy mistakenly thought he saw a teen carrying an assault rifle on a California street this week and shot him dead, authorities said.

It turned out the 13-year-old boy was carrying two fake guns, a replica AK-47 and a fake hand gun, the Santa Rosa County Sheriff’s office said.

The Tuesday shooting is being investigated, the sheriff’s office said.

School officials in the northern California city of Santa Rosa identified the teen as Andy Lopez Cruz.

“The Santa Rosa City School District family is deeply saddened by the loss of Andy Lopez Cruz,” a school system statement said. “This is a tragic event for family, schools and the community. His administrators and teachers will remember him as kind, intelligent and capable.”

Two Sonoma County deputies spotted the boy holding what appeared to be an assault rifle Tuesday afternoon, the Santa Rosa County Sheriff’s office said.

They pulled over “but maintained cover behind their open passenger door,” the press release said.

They yelled at the teen to put the weapon down. He had his back to them and began turning around towards the officers, the statement said.

“One of the deputies described that as the subject was turning toward him the barrel of the assault rifle was rising up and turning in his direction. The deputy feared for his safety, the safety of his partner, and the safety of the community members in the area,” the statement said.

A deputy shot the teen. The teen was handcuffed, and the officers called for an ambulance, the statement said. Deputies found the fake rifle on the ground near the boy. The bogus handgun was tucked in his waistband.

Cruz’s classmates were crestfallen by the news, Lawrence Cook Middle School Assistant Principal Linsey Gannon told CNN affiliate KRON.

“He was a very popular student,” Gannon told the affiliate. “He was a handsome young man with many friends and a lovely family. He will be missed.”

Late Wednesday, a crowd gathered in the dirt field where the boy was shot, to hold a memorial that turned into a rally against police shootings, CNN affiliate KGO reported. In the crowd was Cruz’s mother who said she was too grief-stricken to talk, KGO reported.

Family friend Gabriel Roque said she was outraged.

“He’s was a 13-year-old boy who was no harm to anybody. This was not a grown man walking down the street with a gun,” she told the affiliate. “He was a 13-year-old little boy, you could just tell him to put it down.”

[Muddy]

Gotta have them red tips on there. In our day and age you cant walk down the fucking streets with replica guns that look like AK's..

[Teh One Who Knocks]

Gotta have them red tips on there.

Yeah, if those tips were removed and then the kid is walking around with them, it's hard to be outraged over the kid getting shot. Is it sad? Definitely, but those tips are on the toy guns for a reason....and this is that reason.

[redred]

Over here our air soft guns are bright orange or clear with a stamp warning it's against the law to paint them black

[Teh One Who Knocks]

United States law:


15 USC § 5001 - Penalties for entering into commerce of imitation firearms

(a) Acts prohibited

It shall be unlawful for any person to manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm unless such firearm contains, or has affixed to it, a marking approved by the Secretary of Commerce, as provided in subsection (b) of this section.

(b) Distinctive marking or device; exception; waiver; adjustments and changes


(1) Except as provided in paragraph (2) or (3), each toy, look-alike, or imitation firearm shall have as an integral part, permanently affixed, a blaze orange plug inserted in the barrel of such toy, look-alike, or imitation firearm. Such plug shall be recessed no more than 6 millimeters from the muzzle end of the barrel of such firearm.
(2) The Secretary of Commerce may provide for an alternate marking or device for any toy, look-alike, or imitation firearm not capable of being marked as provided in paragraph (1) and may waive the requirement of any such marking or device for any toy, look-alike, or imitation firearm that will only be used in the theatrical, movie or television industry.
(3) The Secretary is authorized to make adjustments and changes in the marking system provided for by this section, after consulting with interested persons.

(c) “Look-alike firearm” defined

For purposes of this section, the term “look-alike firearm” means any imitation of any original firearm which was manufactured, designed, and produced since 1898, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. Such term does not include any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional B–B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

(d) Study and report

The Director of the Bureau of Justice Statistics is authorized and directed to conduct a study of the criminal misuse of toy, look-alike and imitation firearms, including studying police reports of such incidences and shall report on such incidences relative to marked and unmarked firearms.

(e)  1 Technical evaluation of marking systems

The Director of [2] National Institute of Justice is authorized and directed to conduct a technical evaluation of the marking systems provided for in subsection (b) of this section to determine their effectiveness in police combat situations. The Director shall begin the study within 3 months after November 5, 1988, and such study shall be completed within 9 months after November 5, 1988.

(f) Effective date

This section shall become effective on the date 6 months after November 5, 1988, and shall apply to toy, look-alike, and imitation firearms manufactured or entered into commerce after November 5, 1988.

(g) Preemption of State or local laws or ordinances; exceptions

The provisions of this section shall supersede any provision of State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall—


(i) prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B–B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

[FBD]

http://www.southparkstudios.com/clips/149674/its-coming-right-for-us

[Muddy]

You and the meatspin links...

[FBD]

:meatspin:

[Hal-9000]

I think the actual chain of events/actions is pivotal here...


"They yelled at the teen to put the weapon down. He had his back to them and began turning around towards the officers, the statement said.

One of the deputies described that as the subject was turning toward him the barrel of the assault rifle was rising up and turning in his direction."


If the cops told him to put it down and the guy did anything other than instructed, the police can't be responsible for the bad shoot...

wrong toy to carry down a public street or have with you in a car no matter what the situation..

[Jezter]

Why they didn't shoot to just incapacitate first? Like leg... How many shots did the cops shoot? I read somewhere as many as 7...that is a bit harsh. I understand in a way that they shot him since he did not obey the commands and the gun looking almost identical to the real thing...but I still don't understand why not try to first just stop him by shooting somewhere survivable. Sad thing, but in a way I understand the cops too.

[Pony]

Why they didn't shoot to just incapacitate first? Like leg... How many shots did the cops shoot? I read somewhere as many as 7...that is a bit harsh. I understand in a way that they shot him since he did not obey the commands and the gun looking almost identical to the real thing...but I still don't understand why not try to first just stop him by shooting somewhere survivable. Sad thing, but in a way I understand the cops too.

It's not the movies. It isn't easy to shoot out a kneecap at even the shortest distance, especially on a moving target. The cop had only a split second to assess and evaluate the situation before deciding to fire, he saw a weapon being raised at him and did exactly what he was trained to do.

[KevinD]

If the cops told him to put it down and the guy did anything other than instructed, the police can't be responsible for the bad shoot...

wrong toy to carry down a public street or have with you in a car no matter what the situation..

I dunno. If you are walking down the street, and someone yells, isn't your first instinct to turn towards the yell? From the small amount of info in this article, the Cop made a bad shot. As much as I used to hate the military's ROE, the cops really don't need to be the first to shoot. JMHO of course.

[Jezter]

It's not the movies. It isn't easy to shoot out a kneecap at even the shortest distance, especially on a moving target. The cop had only a split second to assess and evaluate the situation before deciding to fire, he saw a weapon being raised at him and did exactly what he was trained to do.
Maybe our cops are better trained then...cuz the rare times they have to shoot some one, they do it after trying to talk for a long time. Then shoot not to kill, but to stop and incapacitate.
He did not see a weapon raised at him, according to the article. The boy was beginning to turn around when he saw the barrel and shot. Not giving the boy a chance to turn and show his intentions. The cops were taking cover too so I think they would've had time to asses longer than a split second.

[KevinD]

Jez, I agree with you, so keep that in mind.

In most places in the US, Law Enforcement is in fact taught "Center Mass" shooting, and not to incapacitate.

[Pony]

I'm out. I didn't answer to start a debate with you Jez.

[Hal-9000]

I dunno. If you are walking down the street, and someone yells, isn't your first instinct to turn towards the yell? From the small amount of info in this article, the Cop made a bad shot. As much as I used to hate the military's ROE, the cops really don't need to be the first to shoot. JMHO of course.


PUT THE GUN DOWN, NOW!!!

my first instinct would be to crouch and slowly drop what was in my hands...


Of course we weren't there so it's easy to armchair quarterback the situation. I remember RC's account of the douchebag who called the fireman then shot at them as they drove up to the fire....bullets coming from nowhere, guys dropping left and right....I would be so tense I'd start spraying a line of fire at anything that moved.

Probably why I'm not into guns and not a cop....you gotta be a cool customer when .2 of second could end your life.

[KevinD]

Understandable Hal. But to my mind at least, if I'm carrying a toy/model gun, and I hear that, again, I'm gonna turn around to figure out who they are talking to. Not arguing, just presenting a different viewpoint. I still believe the cops acted way, way too fast, and that this is not a justifiable shoot. I'm assuming since the race card hasn't been played, either all involved were white or all were black.

[Jezter]

I'm out. I didn't answer to start a debate with you Jez.

I don't want to start an argument either, Pony. As I said previously, I don't fully blame the cops, cuz the kid was at fault as well. I just feel bad that this whole thing happened and it could've maybe been avoided.

One historical thing though..seems like me and Kev for like the first time in tehbasement/shelter history seem to be thinking the same way! :lol: :p