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>>

  • Brush fire in Spokane Valley near Sullivan just north of I-90

    Brush fire in Spokane Valley near Sullivan just north of I-90

    Wednesday, May 24 2017 5:30 PM EDT2017-05-24 21:30:08 GMT

    SPOKANE VALLEY, Wash. - Firefighters in Spokane Valley are responding to a brush fire on N. Sullivan just north of I-90.  WSDOT cameras show heavy smoke in the area.  KHQ has a crew headed to the scene. Check back for updates. 

    SPOKANE VALLEY, Wash. - Firefighters in Spokane Valley are responding to a brush fire on N. Sullivan just north of I-90.  WSDOT cameras show heavy smoke in the area.  KHQ has a crew headed to the scene. Check back for updates. 

  • Is this your cat? Feline found in carrier at Stone Park

    Is this your cat? Feline found in carrier at Stone Park

    Wednesday, May 24 2017 5:21 PM EDT2017-05-24 21:21:45 GMT

    SPOKANE, Wash. - Is this your cat? Do you know who it belongs to? The feline was found in a pet carrier Wednesday at Stone Park in East Spokane.  A concerned woman who discovered the cat called it into SCRAPS. SCRAPS quickly responded and is now caring for the animal at their facility in Spokane Valley.  If you have any information or know who this cat belongs to, please give SCRAPS a call at (509) 477-2532. 

    SPOKANE, Wash. - Is this your cat? Do you know who it belongs to? The feline was found in a pet carrier Wednesday at Stone Park in East Spokane.  A concerned woman who discovered the cat called it into SCRAPS. SCRAPS quickly responded and is now caring for the animal at their facility in Spokane Valley.  If you have any information or know who this cat belongs to, please give SCRAPS a call at (509) 477-2532. 

  • Police in UK arrest 6th person in arena bombing

    Police in UK arrest 6th person in arena bombing

    Wednesday, May 24 2017 5:19 PM EDT2017-05-24 21:19:20 GMT

    MANCHESTER, England (AP) - Police in Manchester say a woman has been arrested in connection with the arena bombing that killed 22 people. Greater Manchester Police said the woman was detained during a series of property searches in the Blackley area of the city.

    MANCHESTER, England (AP) - Police in Manchester say a woman has been arrested in connection with the arena bombing that killed 22 people. Greater Manchester Police said the woman was detained during a series of property searches in the Blackley area of the city.

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.