The family also released a private autopsy that they say contradicts the official version of how their son was killed.
The father of 13 year old Andy Lopez, Rodrigo Lopez of Santa Rosa, says Sonoma and Sheriff's deputy Erick Gelhaus violated his son's federal civil rights when Gelhaus shot Andy because he thought the plastic toy gun he was carrying was an AK-47, saying,
"We want justice, and then also we want an honest investigation."
Attorney Arnoldo Casillas is seeking unspecified damages, but more importantly he said, the truth,
"There's a white wash going on and, you know, we urge the FBI to do a meaningful investigation."
Casillas said an autopsy the family had done proves that the boy was shot as he was turning in response to deputy Gelhaus ordering him to drop the gun, and the trajectory of the bullet shows he couldn't have been pointing his airsoft plastic pellet gun at the deputies,
"The first shot that hit Andy dropped him. It went through his heart, it killed him, he fell to the ground. As he was falling, the officer continued to shoot."
The boy was hit six more times.
There's no response yet to the lawsuit from Sonoma County officials.