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

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>>

  • Women's Persistence March draws large crowd to downtown Spokane

    Women's Persistence March draws large crowd to downtown Spokane

    Sunday, January 21 2018 9:10 PM EST2018-01-22 02:10:12 GMT

    SPOKANE, Wash. - Thousands marched through the streets of downtown Spokane for the Women’s Persistence March and Rally. Everyone had a reason why they’re marching. It’s a part of a nationwide event this weekend, as people across the country marched to support women’s rights, civil rights, racial equality, and justice. One woman KHQ spoke with says she was marching to spread the message of standing up for one another and being there for one ano...

    SPOKANE, Wash. - Thousands marched through the streets of downtown Spokane for the Women’s Persistence March and Rally. Everyone had a reason why they’re marching. It’s a part of a nationwide event this weekend, as people across the country marched to support women’s rights, civil rights, racial equality, and justice. One woman KHQ spoke with says she was marching to spread the message of standing up for one another and being there for one ano...

  • No Texas probes involving California torture suspects

    No Texas probes involving California torture suspects

    Sunday, January 21 2018 7:04 PM EST2018-01-22 00:04:57 GMT

    RIO VISTA, Texas (AP) - An official in Texas says authorities there had no reports involving the couple charged in California with shackling and starving 12 of their 13 children.    David and Louise Turpin have pleaded not guilty in Riverside County, California, to multiple counts of torture, child abuse and false imprisonment. The couple moved to California from near Fort Worth, Texas, in 2011.

    RIO VISTA, Texas (AP) - An official in Texas says authorities there had no reports involving the couple charged in California with shackling and starving 12 of their 13 children.    David and Louise Turpin have pleaded not guilty in Riverside County, California, to multiple counts of torture, child abuse and false imprisonment. The couple moved to California from near Fort Worth, Texas, in 2011.

  • Crews work to pull up tank that may be source of oil sheen

    Crews work to pull up tank that may be source of oil sheen

    Sunday, January 21 2018 6:40 PM EST2018-01-21 23:40:41 GMT

    ASTORIA, Ore. (AP) - The Coast Guard says contract crews are working to pull up an old 20-foot-long tank that may be the potential source of an oil sheen on the Columbia River near Astoria.    Coast Guard spokeswoman Ali Flockerzi said Sunday that it could take a few days for workers to remove portions of the pier and access that tank located underneath the Cannery Pier.

    ASTORIA, Ore. (AP) - The Coast Guard says contract crews are working to pull up an old 20-foot-long tank that may be the potential source of an oil sheen on the Columbia River near Astoria.    Coast Guard spokeswoman Ali Flockerzi said Sunday that it could take a few days for workers to remove portions of the pier and access that tank located underneath the Cannery Pier.

Powered by Frankly

Features

  • More Features
  • Powered by WorldNow
    All content © Copyright 2000 - 2018 Cowles Montana Media. All Rights Reserved. For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.