Self Defense Or Murder? Here Is What Washington State Law Says - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Self Defense Or Murder? Here Is What Washington State Law Says

Posted: Updated:

SPOKANE, Wash. - It's one of the most divisive cases we've had in Spokane in recent memory.

According to police, 25-year-old Brenden Kaluza-Graham was driving away in a stolen vehicle Monday morning when he was shot and killed by the car's owner, Gail Gerlach.

Gerlach says he was defending his property, but according to Washington State law, it could be murder.

Many gun owners are now wondering where that line is drawn, and why this particular case may not be self-defense.

According to state law, (RCW 9A.16.020) use of force is lawful if you are about to be injured, if there is a malicious trespass or other malicious interference with your real or personal property.

In those scenarios, the use of force is not to be more than necessary.

State law defines justifiable homicide (RCW 9A.16.040) when someone has a design to commit great personal injury to yourself or another person in your immediate presence.

Detectives are now charged with sorting out all the details surrounding Monday morning's incident.

No one has been charged yet with any crimes.

Ultimately it is up to prosecutors to determine if the shooting was justified and necessary.

To read Title 9A in its entirety, CLICK HERE

HD DOPPLER 6i
/
  • Top Stories from KHQHomeMore>>

  • FEMA provides federal funds to fight Spromberg Fire burning in Chelan

    FEMA provides federal funds to fight Spromberg Fire burning in Chelan

    Wednesday, May 24 2017 3:39 PM EDT2017-05-24 19:39:24 GMT
    FEMA provides federal funds to fight Spromberg Fire burning in ChelanFEMA provides federal funds to fight Spromberg Fire burning in Chelan

    SEATTLE, Wash. - The Federal Emergency Management Agency (FEMA) has authorized the use of federal funds to help with firefighting costs for the Spromberg Fire burning in Chelan County.  The authorization makes FEMA funding available to pay 75 percent of the state of Washington's eligible firefighting costs for managing, mitigating, and controlling designated fires. These grants provide reimbursement for firefighting and life-saving efforts. 

    More >>

    SEATTLE, Wash. - The Federal Emergency Management Agency (FEMA) has authorized the use of federal funds to help with firefighting costs for the Spromberg Fire burning in Chelan County.  The authorization makes FEMA funding available to pay 75 percent of the state of Washington's eligible firefighting costs for managing, mitigating, and controlling designated fires. These grants provide reimbursement for firefighting and life-saving efforts. 

    More >>
  • Hiawatha opens up this weekend!

    Hiawatha opens up this weekend!

    Wednesday, May 24 2017 2:59 PM EDT2017-05-24 18:59:52 GMT

    WALLACE, Idaho - One of the premiere outdoor activities in our area opens up this weekend. The Hiawatha Trail opens on May 27 and will be open daily through September 24 from 8:30 a.m. to 5:30 P.M. 

    More >>

    WALLACE, Idaho - One of the premiere outdoor activities in our area opens up this weekend. The Hiawatha Trail opens on May 27 and will be open daily through September 24 from 8:30 a.m. to 5:30 P.M. 

    More >>
  • PHOTOS: Guns, drugs and money found in Spokane Valley motel room bust

    PHOTOS: Guns, drugs and money found in Spokane Valley motel room bust

    Wednesday, May 24 2017 2:50 PM EDT2017-05-24 18:50:07 GMT

    SPOKANE VALLEY, Wash. - Two men have been arrested and charged with a total of 26 felony and misdemeanor drug charges following a months-long investigation that led to a Spokane Valley motel.  Last week, detectives executed a search warrant at a room at the Motel 6 just off of I-90 and Argonne in Spokane Valley. 

    More >>

    SPOKANE VALLEY, Wash. - Two men have been arrested and charged with a total of 26 felony and misdemeanor drug charges following a months-long investigation that led to a Spokane Valley motel.  Last week, detectives executed a search warrant at a room at the Motel 6 just off of I-90 and Argonne in Spokane Valley. 

    More >>