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>>

  • $1.5M grant to help communities hurt by Oso slide

    $1.5M grant to help communities hurt by Oso slide

    Tuesday, September 16 2014 2:03 PM EDT2014-09-16 18:03:56 GMT
    DARRINGTON, Wash. (AP) - A $1.5 million grant is on the way to help communities recover from the devastating Oso landslide in March. The U.S. Department of Housing and Urban Development is providing the money, and Snohomish County is putting together a plan for spending it.
    DARRINGTON, Wash. (AP) - A $1.5 million grant is on the way to help communities recover from the devastating Oso landslide in March. The U.S. Department of Housing and Urban Development is providing the money, and Snohomish County is putting together a plan for spending it.
  • VIDEO: Girl gets attacked by bullies possibly in Spokane; Police ask for your help

    VIDEO: Girl gets attacked by bullies possibly in Spokane; Police ask for your help

    Tuesday, September 16 2014 1:53 PM EDT2014-09-16 17:53:21 GMT
    SPOKANE, Wash. - A video surfaced on YouTube on September 13th that shows a girl getting attacked by bullies. The girl looks to be in middle school or high school and the title of the video said that this occurred in Spokane. Spokane Police tried to get in touch with the person who posted the video, but as soon as they did, the video was taken down.
    SPOKANE, Wash. - A video surfaced on YouTube on September 13th that shows a girl getting attacked by bullies. The girl looks to be in middle school or high school and the title of the video said that this occurred in Spokane. Spokane Police tried to get in touch with the person who posted the video, but as soon as they did, the video was taken down.
  • Action Cam: Spokane Civic Theatre's 'Fiddler on the Roof' Debuts Friday!

    Action Cam: Spokane Civic Theatre's 'Fiddler on the Roof' Debuts Friday!

    Tuesday, September 16 2014 12:19 PM EDT2014-09-16 16:19:11 GMT
    Civic Theatre's "Fiddler on the Roof"Civic Theatre's "Fiddler on the Roof"
    SPOKANE, Wash - This timeless musical magically weaves the story of a people steeped in tradition who must come to terms with a changing world. Fiddler has captured the hearts of people all around the world for fifty years with its moving score including “Matchmaker, Matchmaker”, “If I Were a Rich Man”, and “Sunrise, Sunset”. Winner of nine Tony Awards.The opening show, on Friday, September 19 will be held in conjunction with the Civic Theatre's 68th Annual Gala!
    SPOKANE, Wash - This timeless musical magically weaves the story of a people steeped in tradition who must come to terms with a changing world. Fiddler has captured the hearts of people all around the world for fifty years with its moving score including “Matchmaker, Matchmaker”, “If I Were a Rich Man”, and “Sunrise, Sunset”. Winner of nine Tony Awards.The opening show, on Friday, September 19 will be held in conjunction with the Civic Theatre's 68th Annual Gala!
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.