SLIDESHOW: Photo Evidence Released In Local Shooting - ABC FOX MONTANA 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 KHQTop StoriesMore>>

  • UPDATE: High Drive brush fire now 100% contained

    UPDATE: High Drive brush fire now 100% contained

    Tuesday, July 29 2014 1:17 AM EDT2014-07-29 05:17:55 GMT
    SPOKANE, Wash.- On Monday afternoon a brush fire broke out on the west side of Spokane's South Hill. The fire, which broke out around 3pm, was burning on the hill between High Drive and Qualchan Golf Course. By 9pm Monday night the fire was 100% contained.
    SPOKANE, Wash.- On Monday afternoon a brush fire broke out on the west side of Spokane's South Hill. The fire, which broke out around 3pm, was burning on the hill between High Drive and Qualchan Golf Course. By 9pm Monday night the fire was 100% contained.
  • Lady Star has been found thanks to your help & the power of social media!

    Lady Star has been found thanks to your help & the power of social media!

    Monday, July 28 2014 5:59 PM EDT2014-07-28 21:59:04 GMT
    SPOKANE, Wash. - A good ending to a story only brought about because of you and the power of social media. You may remember the story of the beautiful German Shepherd, Lady Star who went missing after a car crash on June 24th. She was the dog of Asha Bartholomew and her husband, a former WWII vet who passed away a year ago.
    SPOKANE, Wash. - A good ending to a story only brought about because of you and the power of social media. You may remember the story of the beautiful German Shepherd, Lady Star who went missing after a car crash on June 24th. She was the dog of Asha Bartholomew and her husband, a former WWII vet who passed away a year ago.
  • Scientists hoping to restore salmon in Ellensburg

    Scientists hoping to restore salmon in Ellensburg

    Monday, July 28 2014 5:56 PM EDT2014-07-28 21:56:35 GMT
    ELLENSBURG, Wash. (AP) - The settlers who founded Ellensburg in the 1870s were likely drawn by the plentiful water in creeks crisscrossing the valley, but as the city expanded, it grew right over those streams. Look at a Google map of downtown Ellensburg and you'll see Wilson Creek wind across Main Street.
    ELLENSBURG, Wash. (AP) - The settlers who founded Ellensburg in the 1870s were likely drawn by the plentiful water in creeks crisscrossing the valley, but as the city expanded, it grew right over those streams. Look at a Google map of downtown Ellensburg and you'll see Wilson Creek wind across Main Street.
Powered by WorldNow

Features

  • More Features
  • Powered by WorldNow
    All content © Copyright 2000 - 2014 WorldNow and Cowles Montana Media. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.