SLIDESHOW: Photo Evidence Released In Local Shooting - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

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>>

  • SHRED DAY IS HERE!

    SHRED DAY IS HERE!

    Wednesday, April 16 2014 2:26 AM EDT2014-04-16 06:26:23 GMT
    KHQ.COM - Are you ready to SHRED? One of KHQ's most popular events is here: Shred Day!
    Once again we are partnering with AmericanWest Bank and Secure Shred, and it's your chance to safely dispose of any sensitive documents you might have hanging around the house.
    More >>
    KHQ.COM - Are you ready to SHRED? One of KHQ's most popular events is here: Shred Day!
    Once again we are partnering with AmericanWest Bank and Secure Shred, and it's your chance to safely dispose of any sensitive documents you might have hanging around the house. We have three locations available for you to choose from between the hours of 6:00am and 6:30pm.
    More >>
  • Armed Robbery At North Spokane McDonalds

    Armed Robbery At North Spokane McDonalds

    Wednesday, April 16 2014 1:44 AM EDT2014-04-16 05:44:42 GMT
    SPOKANE, Wash. - Deputies with the Spokane County Sheriff's Office responded to an armed robbery at the McDonald's on Monroe and Francis Monday night.More >>
    SPOKANE, Wash. - Deputies with the Spokane County Sheriff's Office responded to an armed robbery at the McDonald's on Monroe and Francis Monday night.More >>
  • Man Who Fired At Idaho State Police During Pursuit And Kidnapped Rathdrum Woman Sentenced

    Man Who Fired At Idaho State Police During Pursuit And Kidnapped Rathdrum Woman Sentenced

    Tuesday, April 15 2014 11:31 PM EDT2014-04-16 03:31:12 GMT
    KOOTENAI COUNTY, Idaho - A man arrested for a series of crimes that started in November 2012 in Spirit Lake will most likely be spending the rest of his life in prison. More >>
    KOOTENAI COUNTY, Idaho - A man arrested for a series of crimes that started in November 2012 in Spirit Lake will most likely be spending the rest of his life in prison. 58-year-old Mitchell Lee Walck plead guilty to charges of Robbery, Kidnapping, and Aggravated Assault on a Law Enforcement Officer back in February. More >>
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and KHQ. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.