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We speak. he was discharged from the hospital earlier today. so we hope to see him in the spirits like we talked to him last night and early this morning. >> armetra, what does he say happened? >> he just said that he was at work and a guy came in for a leave form and apparently he didn't want to hear that and so he came back and just opened fire into the office on everyone. >> so sergeant lopez asked for a leave form and he came back with a gun? >> correct. >> did your brother know specialist lopez at all? >> he said he saw him a few times but he didn't know him personally because he just arr...

Lopez, the 13-year-old shot and killed by a sheriff's deputy who apparently thought the teenager posed a deadly threat holding what turned out to be a toy gun, an ak-47 replica. but some think the deputy and his partner showed poor judgment, or worse, deliberately targeted a hispanic youth. >> we're here to say a badge is not a license to kill. we demand that the cops be jail. we have no confidence in the police or politicians. >> reporter: investigators from another police department are still reviewing the case, but thus far seem to be defending the deputy. 24-year veteran eric gillhouse say...