OAKLAND — The family of 13-year-old Andy Lopez will have to wait to move forward with a civil lawsuit against Sonoma County and the sheriff’s deputy who shot and killed their son, a federal judge ruled Wednesday.
U.S. District Court Judge Phyllis J. Hamilton granted the county’s motion to halt further proceedings until mid-May so that local prosecutors can have more time to decide if criminal charges are warranted for Dep. Erick Gelhaus.
“Let’s get through the first hurdle first,” Hamilton said.
The county’s lawyer, Steven Mitchell, argued the stay would protect the integrity of an ongoing criminal review and preserve Gelhaus’ right against self-incrimination. Presumably, Gelhaus would be required as part of the civil suit to make a sworn statement about the shooting.
Also, Mitchell pointed to a declaration from District Attorney Jill Ravitch asking that she be allowed to evaluate the case without the pressure or interference of a civil action. Ravitch received a police report on the shooting late last month and has said she will attempt to make a decision in 90 days.
“She’s crying out in this highly public matter to say, ‘Let me do my job,'” Mitchell told the judge.
Hamilton agreed to stop the case until the two sides meet again in court May 15. She said she would consider extending the stay if criminal charges are filed but warned she was not inclined to order a blanket stay while any criminal case plays out.
Arnoldo Casillas, the Lopez family’s attorney, said outside court he was disappointed in the decision, which he said would delay his ability to get justice for his clients.
Casillas argued the civil case should be allowed to go forward so he could make “meaningful” progress toward a resolution. He had no plans to question Gelhaus in the next 90 days, he said, and asked to be able to proceed in other areas.