SLIDESHOW: Photo Evidence Released In Local Shooting - ABC FOX Montana Local 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 KHQHomeMore>>

  • Police: Virginia man crashes car, strips naked, jumps on truck during rush hour

    Police: Virginia man crashes car, strips naked, jumps on truck during rush hour

    Wednesday, December 13 2017 7:22 PM EST2017-12-14 00:22:36 GMT
    Police: Virginia man crashes car, strips naked, jumps on truck during rush hourPolice: Virginia man crashes car, strips naked, jumps on truck during rush hour

    FAIRFAX, Va. - If you think your commute is stressful, wait till you read this.  After crashing his car during rush hour, police say a Fairfax, Virginia man began attacking the driver of the car he hit before stripping down to his birthday suit, and jumping on top of a truck.  Police tell NBC News 4 in Washington, D.C. that 32-year-old Jose Gonzales Flores tried shattering windows of cars passing by before using a knife to stab the top of the truck.  

    FAIRFAX, Va. - If you think your commute is stressful, wait till you read this.  After crashing his car during rush hour, police say a Fairfax, Virginia man began attacking the driver of the car he hit before stripping down to his birthday suit, and jumping on top of a truck.  Police tell NBC News 4 in Washington, D.C. that 32-year-old Jose Gonzales Flores tried shattering windows of cars passing by before using a knife to stab the top of the truck.  

  • Man accused of burning Phoenix suburb's $40K Christmas tree

    Man accused of burning Phoenix suburb's $40K Christmas tree

    Wednesday, December 13 2017 7:21 PM EST2017-12-14 00:21:42 GMT

    MESA, Ariz. (AP) - Police in the city of Mesa near Phoenix say a man has been arrested on suspicion of arson and criminal damage for allegedly burning the city's $40,000 Christmas tree.

    MESA, Ariz. (AP) - Police in the city of Mesa near Phoenix say a man has been arrested on suspicion of arson and criminal damage for allegedly burning the city's $40,000 Christmas tree.

  • Ho-ho-hole! Christmas tree planted in Mississippi pothole

    Ho-ho-hole! Christmas tree planted in Mississippi pothole

    Wednesday, December 13 2017 7:01 PM EST2017-12-14 00:01:18 GMT

    JACKSON, Mississippi - A neighborhood in Jackson, Mississippi isn't letting a few potholes dull their holiday spirit.  To fix the dilemma, they added a Christmas tree to cover the problem. The holiday timber was placed on top of the sinkhole along Poplar Boulevard.  Residents say they did this because the city went weeks without repairing the street. 

    JACKSON, Mississippi - A neighborhood in Jackson, Mississippi isn't letting a few potholes dull their holiday spirit.  To fix the dilemma, they added a Christmas tree to cover the problem. The holiday timber was placed on top of the sinkhole along Poplar Boulevard.  Residents say they did this because the city went weeks without repairing the street. 

Powered by Frankly

Features

  • More Features
  • Powered by WorldNow
    All content © Copyright 2000 - 2017 Cowles Montana Media. All Rights Reserved. For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.