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>>

  • Missing 13-year-old girl reported in Spokane Valley is found safe

    Missing 13-year-old girl reported in Spokane Valley is found safe

    Saturday, November 18 2017 2:04 AM EST2017-11-18 07:04:45 GMT

    SPOKANE VALLEY, Wash.- Spokane Valley Sheriff's Deputies say they're looking for 13-year-old Jordan Ballou, who has been missing since 3pm Friday.  Deputies say she was last seen in the 6300 block of E. 4th Ave in Spokane Valley. 

    SPOKANE VALLEY, Wash.- Spokane Valley Sheriff's Deputies say they're looking for 13-year-old Jordan Ballou, who has been missing since 3pm Friday.  Deputies say she was last seen in the 6300 block of E. 4th Ave in Spokane Valley. 

  • Mad Minute stories from Friday, November 17th

    Mad Minute stories from Friday, November 17th

    Saturday, November 18 2017 2:00 AM EST2017-11-18 07:00:18 GMT

    Here are the extended versions of the KHQ Local News 11 at 11 Mad Minute stories from Friday, November 17th.

    Here are the extended versions of the KHQ Local News 11 at 11 Mad Minute stories from Friday, November 17th.

  • Spokane family discovers their new home destroyed

    Spokane family discovers their new home destroyed

    Saturday, November 18 2017 1:38 AM EST2017-11-18 06:38:51 GMT

    SPOKANE, Wash. - A family's dream home turned into a house of horrors after a man breaks in, destroying everything inside.  It was a day the Gunther family had been waiting for, to move into their new home. But when she checked on the place during her lunch break Thursday, Brittanie immediately knew something was wrong.   All of the work her family had done to get their new home ready was gone. "I don't even know what's really 

    SPOKANE, Wash. - A family's dream home turned into a house of horrors after a man breaks in, destroying everything inside.  It was a day the Gunther family had been waiting for, to move into their new home. But when she checked on the place during her lunch break Thursday, Brittanie immediately knew something was wrong.   All of the work her family had done to get their new home ready was gone. "I don't even know what's really 

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.