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>>

  • Astros reach World Series, top Yankees 4-0 in Game 7 of ALCS

    Astros reach World Series, top Yankees 4-0 in Game 7 of ALCS

    Sunday, October 22 2017 12:39 AM EDT2017-10-22 04:39:33 GMT

    HOUSTON (AP) - Charlie Morton and Lance McCullers combined on a three-hitter, Jose Altuve and Evan Gattis homered and the Houston Astros reached the World Series for only the second time, blanking the New York Yankees 4-0 Saturday night in Game 7 of the AL Championship Series.

    More >>

    HOUSTON (AP) - Charlie Morton and Lance McCullers combined on a three-hitter, Jose Altuve and Evan Gattis homered and the Houston Astros reached the World Series for only the second time, blanking the New York Yankees 4-0 Saturday night in Game 7 of the AL Championship Series.

    More >>
  • Remembering Las Vegas shooting victim Rachael Parker

    Remembering Las Vegas shooting victim Rachael Parker

    Saturday, October 21 2017 9:46 PM EDT2017-10-22 01:46:14 GMT

    Cheney, Wash. Today friends, family, and co-workers took time to remember 33-year-old Rachael Parker. Reverend Happy Watkins officiated the memorial service at Cheney Middle School and said Rachael had a heart of gold "She was a gifted kindhearted, caring person." Rachael was at the Route 91 Concert. A three-day country music event in Las Vegas. Rachael attended the concert with four other off-duty employees of the Manhattan Beach Police Department until shots rang out from

    More >>

    Cheney, Wash. Today friends, family, and co-workers took time to remember 33-year-old Rachael Parker. Reverend Happy Watkins officiated the memorial service at Cheney Middle School and said Rachael had a heart of gold "She was a gifted kindhearted, caring person." Rachael was at the Route 91 Concert. A three-day country music event in Las Vegas. Rachael attended the concert with four other off-duty employees of the Manhattan Beach Police Department until shots rang out from

    More >>
  • City of Soap Lake issues boil water advisory due to broken water main

    City of Soap Lake issues boil water advisory due to broken water main

    Saturday, October 21 2017 9:25 PM EDT2017-10-22 01:25:12 GMT

    SOAP LAKE, Wash. - The City of Soap Lake is advising all water customers to boil their drinking water. The boil water advisory will remain in effect until further notice. This precautionary measure is due to a broken water main in the city.

    More >>

    SOAP LAKE, Wash. - The City of Soap Lake is advising all water customers to boil their drinking water. The boil water advisory will remain in effect until further notice. This precautionary measure is due to a broken water main in the city.

    More >>