SLIDESHOW: Photo Evidence Released In Local Shooting - ABC FOX MONTANA NEWS, WEATHER, SPORTS - KTMF/KWYB

SLIDESHOW: Photo Evidence Released In Local Controversial Shooting; WARNING: Graphic Photos Inside

Posted: Updated:

KHQ.COM - KHQ has obtained several photographs released in the March shooting death of Brendon Kaluza-Graham. We're providing these photographs to put the story into context and to provide further details for you.

Prosecutors announced Wednesday that Gail Gerlach, the man who shot 25 year-old Brendon Kaluza-Graham as he was driving away in a stolen car, will be charged with first degree manslaughter. Gerlach will be booked into jail and arraigned on June 12th. Major Crimes Detectives, the Chief Criminal Deputy and Deputy Prosecutor have met, and two of the three said Gerlach should be charged with murder.

"Mr. Gerlach is disappointed in the charging decision, but he's looking forward to his day in court, he maintains his innocence," said Richard Lee, Gail Gerlach's Attorney. Regardless, Prosecutor Steve Tucker said Gerlach will be charged with first degree manslaughter because investigators can not prove there was a motive or intent to kill. First degree manslaughter is based on recklessness. Prosecutors say that Gerlach was not in danger when he fired the shot. A person needs to have fear of imminent danger that something bad's going to happen before you are legally permitted to use deadly force.

Two major aspects in this case are that Kaluza-Graham was driving away from the scene, and the angle that the bullet went in. Detectives say that the car was 40 to 60 feet away from Gerlach and going 50 miles per hour at the time. Prosecutor Steve Tucker says he does not believe Gerlach was in danger when he chose to fire the shot. He called the shot "1 in 1,000".

Prosecutors are also filing a weapons violation enhancement. Together, if he is convicted, Gerlach will face 8 to 10 years in prison. But if he's found "not guilty", the jury will be asked to come back with a second verdict, as to whether what Gerlach did was in self defense.

  • Top Stories from KHQTop StoriesMore>>

  • KHQ CRIMETRACKER: Tips on how to make your home less appealing to would-be burglars

    KHQ CRIMETRACKER: Tips on how to make your home less appealing to would-be burglars

    Thursday, July 31 2014 8:49 PM EDT2014-08-01 00:49:53 GMT
    SPOKANE, Wash.- After a manhunt northeast of Spokane, that started as a burglary, KHQ sent Gabe Cohen to meet with a Sheriff's Deputy for tips on how to keep your home safe. Deputy Travis Pendell says that half of all burglaries take place in unsecured homes. He adds, "you can make sure it's hard to break in."One of the biggest things law enforcement encounters, says Pendell, is a garage that's been left open.
    SPOKANE, Wash.- After a manhunt northeast of Spokane, that started as a burglary, KHQ sent Gabe Cohen to meet with a Sheriff's Deputy for tips on how to keep your home safe. Deputy Travis Pendell says that half of all burglaries take place in unsecured homes. He adds, "you can make sure it's hard to break in."One of the biggest things law enforcement encounters, says Pendell, is a garage that's been left open.
  • Candlelight Vigil tonight for both people killed in Deaconess murder-suicide

    Candlelight Vigil tonight for both people killed in Deaconess murder-suicide

    Thursday, July 31 2014 8:37 PM EDT2014-08-01 00:37:06 GMT
    SPOKANE, Wash.- Wednesday night friends will hold a candle light vigil for both Chris and Sheena Henderson. It will take place in Franklin Park at 7pm. On July 8th, Spokane police say 37-year-old Chris Henderson went to the Deaconess Medical Center complex where his wife, 30-year-old Sheena Henderson, worked and shot her multiple times.
    SPOKANE, Wash.- Wednesday night friends will hold a candle light vigil for both Chris and Sheena Henderson. It will take place in Franklin Park at 7pm. On July 8th, Spokane police say 37-year-old Chris Henderson went to the Deaconess Medical Center complex where his wife, 30-year-old Sheena Henderson, worked and shot her multiple times.
  • Mayor authorizes $26 million for police & fire vehicle/equipment needs

    Mayor authorizes $26 million for police & fire vehicle/equipment needs

    Thursday, July 31 2014 7:45 PM EDT2014-07-31 23:45:42 GMT
    SPOKANE, Wash. - Spokane Mayor David Condon signed a resolution and ordinance on Thursday authorizing $26 million in funding for police and fire vehicle and equipment needs.Funding comes from property tax revenue that has been dedicated to paying for capital needs for public safety.
    SPOKANE, Wash. - Spokane Mayor David Condon signed a resolution and ordinance on Thursday authorizing $26 million in funding for police and fire vehicle and equipment needs.Funding comes from property tax revenue that has been dedicated to paying for capital needs for public safety.
Powered by WorldNow

Features

  • More Features
  • Powered by WorldNow
    All content © Copyright 2000 - 2014 WorldNow and Cowles Montana Media. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.