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>>

  • Washington state study looks at home-grown recreational pot

    Washington state study looks at home-grown recreational pot

    Tuesday, September 19 2017 8:11 PM EDT2017-09-20 00:11:33 GMT

    OLYMPIA, Wash. (AP) - Washington state lawmakers are split on whether to allow residents to grow recreational marijuana in their homes, so they've implemented a study to look into three potential plans.

    More >>

    OLYMPIA, Wash. (AP) - Washington state lawmakers are split on whether to allow residents to grow recreational marijuana in their homes, so they've implemented a study to look into three potential plans.

    More >>
  • Department of Natural Resources eases campfire restrictions

    Department of Natural Resources eases campfire restrictions

    Tuesday, September 19 2017 8:02 PM EDT2017-09-20 00:02:09 GMT

    OLYMPIA, Wash. (AP) - State officials will ease restrictions on recreational campfires because of recent rain and cooler temperatures. The Washington State Department of Natural Resources said in a news release Tuesday that effective Wednesday, campfires will be allowed in approved fire pits in campgrounds on Washington lands protected by the agency.

    More >>

    OLYMPIA, Wash. (AP) - State officials will ease restrictions on recreational campfires because of recent rain and cooler temperatures. The Washington State Department of Natural Resources said in a news release Tuesday that effective Wednesday, campfires will be allowed in approved fire pits in campgrounds on Washington lands protected by the agency.

    More >>
  • Maria continues strengthening, hits 175 mph

    Maria continues strengthening, hits 175 mph

    Tuesday, September 19 2017 7:53 PM EDT2017-09-19 23:53:30 GMT

    MIAMI (AP) - Category 5 Hurricane Maria's maximum sustained winds have increased to 175 mph (280 kph). The National Hurricane Center in Miami says an Air Force Reserve hurricane hunter plane took the reading Tuesday evening as the storm was about 70 miles (115 kilometers) southeast of St. Croix.

    More >>

    MIAMI (AP) - Category 5 Hurricane Maria's maximum sustained winds have increased to 175 mph (280 kph). The National Hurricane Center in Miami says an Air Force Reserve hurricane hunter plane took the reading Tuesday evening as the storm was about 70 miles (115 kilometers) southeast of St. Croix.

    More >>