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Associated Press
An image of Andy Lopez is surrounded by candles on Tuesday, in Santa Rosa, Calif. (AP Photo/Marcio Jose Sanchez)

Report: Deputy shot boy before partner left car

Associated Press
Protesters hold an image of Andy Lopez as they march on Tuesday, in Santa Rosa, Calif. (AP Photo/Marcio Jose Sanchez)
Associated Press
Two women read messages left at a memorial Wednesday, in Santa Rosa, Calif., where Andy Lopez was killed last week by a sheriff's deputy. (AP Photo/Eric Risberg)

– A 13-year-old boy was fatally wounded by a California sheriff's deputy before a second officer was able to get out of a patrol vehicle and take cover, investigators said, bolstering accounts of just how quickly the shooting occurred.

The trainee remained behind the wheel of the cruiser Oct. 22 while Deputy Erick Gelhaus confronted Andy Lopez, who was carrying a pellet gun that resembled an assault rifle, Santa Rosa police Lt. Paul Henry told the Press Democrat of Santa Rosa in a story Tuesday.

In a matter of seconds, Gelhaus ordered the boy to drop the weapon then opened fire before the trainee could take cover behind an open door of the car, Henry said.

The trainee's account bolsters eyewitness reports and dispatch records that only 10 seconds or so elapsed between Gelhaus confronting the boy and the shooting.

"Deputy Gelhaus was able to engage more quickly because he didn't have to drive the vehicle," Henry told the newspaper.

The FBI, Santa Rosa Police Department and Sonoma County prosecutors are investigating the shooting. The FBI is looking into whether any federal civil rights violations occurred.

Hundreds of people showed up for another peaceful march in Santa Rosa on Wednesday evening, with many demonstrators calling on authorities to file charges against Gelhaus in the killing.

Henry and Sonoma County Assistant Sheriff Lorenzo Dueñas didn't immediately return phone calls Wednesday from The Associated Press.

Investigators have said Gelhaus feared for his safety after Lopez turned around and allegedly raised the pellet gun in his direction. Gelhaus fired eight times, striking the eighth- grader seven times with his department-issued 9 mm handgun.

Gelhaus' lawyer, Terry Leoni, told the San Francisco Chronicle on Wednesday that her client "absolutely believed it was a real AK-47 and absolutely feared for his life."

The Press Democrat reported that Lopez was wearing a hooded sweatshirt, but the hood was down and Lopez was not wearing earphones when ordered to drop the gun.

Gelhaus is a 24-year veteran of the department. He previously served in Iraq in the Army and was a certified training officer with the department.

Henry said it appears Gelhaus and his partner encountered Lopez about 3 p.m. as he walked down a street. Gelhaus told investigators that he could not remember if he identified himself as a police officer before firing.

Gelhaus tried CPR and other life-saving measures after the shooting, the newspaper said.

"When he touched the weapon and briefly looked at it, felt that it wasn't the proper weight and looked different, that was when he first began to suspect it was a replica firearm," Henry told the paper.

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