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>>

  • Former presidents call for unity at hurricane aid concert

    Former presidents call for unity at hurricane aid concert

    Sunday, October 22 2017 12:50 AM EDT2017-10-22 04:50:30 GMT

    AUSTIN, Texas (AP) - The five living former presidents put aside politics and appeared together for the first time since 2013 at a concert on Saturday to raise money for victims of devastating hurricanes in Texas, Florida, Louisiana, Puerto Rico and the U.S. Virgin Islands.

    AUSTIN, Texas (AP) - The five living former presidents put aside politics and appeared together for the first time since 2013 at a concert on Saturday to raise money for victims of devastating hurricanes in Texas, Florida, Louisiana, Puerto Rico and the U.S. Virgin Islands.

  • Astros reach World Series, top Yankees 4-0 in Game 7 of ALCS

    Astros reach World Series, top Yankees 4-0 in Game 7 of ALCS

    Sunday, October 22 2017 12:39 AM EDT2017-10-22 04:39:33 GMT

    HOUSTON (AP) - Charlie Morton and Lance McCullers combined on a three-hitter, Jose Altuve and Evan Gattis homered and the Houston Astros reached the World Series for only the second time, blanking the New York Yankees 4-0 Saturday night in Game 7 of the AL Championship Series.

    HOUSTON (AP) - Charlie Morton and Lance McCullers combined on a three-hitter, Jose Altuve and Evan Gattis homered and the Houston Astros reached the World Series for only the second time, blanking the New York Yankees 4-0 Saturday night in Game 7 of the AL Championship Series.

  • Remembering Las Vegas shooting victim Rachael Parker

    Remembering Las Vegas shooting victim Rachael Parker

    Saturday, October 21 2017 9:46 PM EDT2017-10-22 01:46:14 GMT

    Cheney, Wash. Today friends, family, and co-workers took time to remember 33-year-old Rachael Parker. Reverend Happy Watkins officiated the memorial service at Cheney Middle School and said Rachael had a heart of gold "She was a gifted kindhearted, caring person." Rachael was at the Route 91 Concert. A three-day country music event in Las Vegas. Rachael attended the concert with four other off-duty employees of the Manhattan Beach Police Department until shots rang out from

    Cheney, Wash. Today friends, family, and co-workers took time to remember 33-year-old Rachael Parker. Reverend Happy Watkins officiated the memorial service at Cheney Middle School and said Rachael had a heart of gold "She was a gifted kindhearted, caring person." Rachael was at the Route 91 Concert. A three-day country music event in Las Vegas. Rachael attended the concert with four other off-duty employees of the Manhattan Beach Police Department until shots rang out from

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.