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.

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

  • Scuba diver who died in Hood Canal identified

    Scuba diver who died in Hood Canal identified

    Monday, July 24 2017 10:35 AM EDT2017-07-24 14:35:03 GMT
    Scuba DiversScuba Divers

    SHELTON, Wash. -  A scuba diver who died in Washington state's Hood Canal has been identified. The News Tribune reports that Joshua Michael Parke of The Dalles, Oregon, died Saturday, according to the Mason County Coroner's Office. Officials say Parke was on a training dive in the Sund Rock Conservation Area near Hoodsport, Washington. After surfacing with his dive partner, Parke went unconscious.

    More >>

    SHELTON, Wash. -  A scuba diver who died in Washington state's Hood Canal has been identified. The News Tribune reports that Joshua Michael Parke of The Dalles, Oregon, died Saturday, according to the Mason County Coroner's Office. Officials say Parke was on a training dive in the Sund Rock Conservation Area near Hoodsport, Washington. After surfacing with his dive partner, Parke went unconscious.

    More >>
  • Man on ATV hit by crop duster in Maryland

    Man on ATV hit by crop duster in Maryland

    Monday, July 24 2017 10:28 AM EDT2017-07-24 14:28:48 GMT
    ATVATV

    BERLIN, Md. - A man driving an all-terrain vehicle in Maryland escaped serious injury after being struck by a crop duster. Maryland state police say in a statement that 23-year-old Drew Eckman was taken by the pilot of the crop duster to Atlantic General Hospital on Sunday morning. He suffered minor injuries. The pilot, 25-year-old Christopher Bunting, was not injured.

    More >>

    BERLIN, Md. - A man driving an all-terrain vehicle in Maryland escaped serious injury after being struck by a crop duster. Maryland state police say in a statement that 23-year-old Drew Eckman was taken by the pilot of the crop duster to Atlantic General Hospital on Sunday morning. He suffered minor injuries. The pilot, 25-year-old Christopher Bunting, was not injured.

    More >>
  • Level 3 evacuations issued for Bissell Fire burning in Stevens County

    Level 3 evacuations issued for Bissell Fire burning in Stevens County

    Monday, July 24 2017 9:36 AM EDT2017-07-24 13:36:09 GMT
    Texas teen calls mom, a 911 dispatcher, to say house ablazeTexas teen calls mom, a 911 dispatcher, to say house ablaze

    STEVENS COUNTY, Wash. - Level three evacuations have been issued in Stevens County as firefighters battle the Bissell Fire near Hunters, Washington.  The latest from DNR is that the fire is at 50 acres and no structures have been lost.  Level 3 evacuations were issued just after 8:00 p.m. as the fire grew quickly. The evacuation area consists of all residents within a mile radius of 3987 Bissel Road. 

    More >>

    STEVENS COUNTY, Wash. - Level three evacuations have been issued in Stevens County as firefighters battle the Bissell Fire near Hunters, Washington.  The latest from DNR is that the fire is at 50 acres and no structures have been lost.  Level 3 evacuations were issued just after 8:00 p.m. as the fire grew quickly. The evacuation area consists of all residents within a mile radius of 3987 Bissel Road. 

    More >>