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>>

  • Latah County homicide victim identified; Search for two suspects continues

    Latah County homicide victim identified; Search for two suspects continues

    Friday, July 21 2017 2:59 PM EDT2017-07-21 18:59:53 GMT

    MOSCOW, Idaho - The Latah County Sheriff's Office officially identified the 18-year-old boy found murdered earlier this week as Timothy Jacob Reeves from Pullman, Washington. The Sheriff's Office also said arrest warrants have been issued for 17-year-old Keagan Tennant and 18-year-old Matthew J. McKetta. 

    MOSCOW, Idaho - The Latah County Sheriff's Office officially identified the 18-year-old boy found murdered earlier this week as Timothy Jacob Reeves from Pullman, Washington. The Sheriff's Office also said arrest warrants have been issued for 17-year-old Keagan Tennant and 18-year-old Matthew J. McKetta. 

  • New Jersey becomes 3rd state to raise smoking age to 21

    Friday, July 21 2017 2:58 PM EDT2017-07-21 18:58:14 GMT

    TRENTON, N.J. - New Jersey has become the third state to raise its smoking age to 21. Republican Gov. Chris Christie signed into law Friday a measure that raises the age from 19. Hawaii and California are the only other states where the smoking age is 21.

    TRENTON, N.J. - New Jersey has become the third state to raise its smoking age to 21. Republican Gov. Chris Christie signed into law Friday a measure that raises the age from 19. Hawaii and California are the only other states where the smoking age is 21.

  • Spicer resigns as White House press secretary; Sarah Sanders announced as replacement

    Friday, July 21 2017 2:54 PM EDT2017-07-21 18:54:02 GMT

    WASHINGTON (AP) - New York financier Anthony Scaramucci has been formally named White House communications director and Sarah Huckabee Sanders has been promoted to press secretary in the Trump White House's latest shakeup. Trump says in a statement read by Sanders that he's "grateful" for departing press secretary Sean Spicer's "work on behalf of my administration and the American people."

    WASHINGTON (AP) - New York financier Anthony Scaramucci has been formally named White House communications director and Sarah Huckabee Sanders has been promoted to press secretary in the Trump White House's latest shakeup. Trump says in a statement read by Sanders that he's "grateful" for departing press secretary Sean Spicer's "work on behalf of my administration and the American people."

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.