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>>

  • One person killed in crash south of Ritzville on Highway 395

    One person killed in crash south of Ritzville on Highway 395

    Monday, May 29 2017 10:32 AM EDT2017-05-29 14:32:40 GMT

    ADAMS COUNTY, Wash. - The Washington State Patrol one person has died following a one-car collision south of Ritzville Monday morning.  Troopers say the crash happened on Highway 395 about 24 miles south of Ritzville. Details are limited, but WSP says the driver of the car is injured and the passenger of the car has died. 

    ADAMS COUNTY, Wash. - The Washington State Patrol one person has died following a one-car collision south of Ritzville Monday morning.  Troopers say the crash happened on Highway 395 about 24 miles south of Ritzville. Details are limited, but WSP says the driver of the car is injured and the passenger of the car has died. 

  • Coeur d'Alene Police searching for armed robbery suspect

    Coeur d'Alene Police searching for armed robbery suspect

    Monday, May 29 2017 10:15 AM EDT2017-05-29 14:15:24 GMT

    COEUR D'ALENE, Idaho - Police in Coeur d'Alene are searching for the man who robbed the Dollar Tree on W. Neider Avenue Sunday night.  Officers say a man came into the store just before 9:00 a.m., pulled a gun and demanded money. Police say he took an undisclosed amount of cash and then fled the area.  

    COEUR D'ALENE, Idaho - Police in Coeur d'Alene are searching for the man who robbed the Dollar Tree on W. Neider Avenue Sunday night.  Officers say a man came into the store just before 9:00 a.m., pulled a gun and demanded money. Police say he took an undisclosed amount of cash and then fled the area.  

  • One person facing arson charge in fires along Fish Lake Trail

    One person facing arson charge in fires along Fish Lake Trail

    Sunday, May 28 2017 9:44 PM EDT2017-05-29 01:44:08 GMT

    SPOKANE, Wash. - Update: Police say one person is in custody facing a charge of second degree arson in connection to a series of six brush fires started near the Fish Lake Trail. Police describe the person as a 51-year-old transient man living in the woods in the area.

    SPOKANE, Wash. - Update: Police say one person is in custody facing a charge of second degree arson in connection to a series of six brush fires started near the Fish Lake Trail. Police describe the person as a 51-year-old transient man living in the woods in the area.

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.