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>>

  • Progress being made on power outages

    Progress being made on power outages

    Friday, July 25 2014 4:12 AM EDT2014-07-25 08:12:58 GMT
    SPOKANE, Wash. - As of 9:30pm Thursday, there were still more than 20,000 customers without power in the Inland Northwest.
    SPOKANE, Wash. - As of 9:30pm Thursday, there were still more than 20,000 customers without power in the Inland Northwest. In a press release sent out Thursday night, Avista said they have 68% of the nearly 40,000 customers who lost power during Wednesday's severe thunderstorm have power again. There were still more than 12,000 customers without power, however. Avista said rein...
  • Post Falls Police: missing 11-year-old boy found

    Post Falls Police: missing 11-year-old boy found

    Friday, July 25 2014 4:11 AM EDT2014-07-25 08:11:28 GMT
    POST FALLS, Idaho - The Post Falls Police Department is asking for your help locating an endangered 11-year-old boy.
    POST FALLS, Idaho - Post Falls Police say 11-year-old Jeremy Yaken was found early Friday morning,  and he is safe.
  • PHOTOS: Severe storm causes power outages, damage to homes

    PHOTOS: Severe storm causes power outages, damage to homes

    Friday, July 25 2014 12:19 AM EDT2014-07-25 04:19:06 GMT
    SPOKANE, Wash. - A storm seemed to leave just as fast as it arrived Wednesday in Spokane. High winds blew over trees and utility lines, causing widespread power outages and some severe property damage. INSIDE>>>| Power Outages | PHOTOS |
    SPOKANE, Wash. - A storm seemed to leave just as fast as it arrived Wednesday in Spokane. High winds blew over trees and utility lines, causing widespread power outages and some severe property damage. INSIDE>>>| Power Outages | PHOTOS |
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.