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A 13-year-old California teenager is dead after Sonoma County sheriff deputies, believing he was holding an actual assault rifle, fatally shot him.

The rifle Andy Lopez was holding was actually a replica toy gun. Investigators also found a plastic handgun in the boy’s waistband. His father, Rodrigo Lopez, said that the toy rifle belonged to a friend.

According to ABC:

The shooting happened yesterday around 3 p.m. Two Sonoma County sheriff’s deputies were patrolling near Mooreland Avenue and West Robles Avenue. Police said they saw a male with an assault weapon and they called for backup and ordered the man to drop the weapon, but he did not and they fired at him several times. Andy died at the scene.

The deputies who shot the boy are on leave, but it is unclear if they will be charged. Police and the district attorney’s office continue to investigate.

We’ll keep you updated on the latest in this tragic story.

SOURCE: ABC | PHOTO CREDIT: Sheriff’s Office