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>>

  • Driver arrested for vehicular homicide after fatal crash south of Ritzville on Highway 395

    Driver arrested for vehicular homicide after fatal crash south of Ritzville on Highway 395

    Monday, May 29 2017 2:58 PM EDT2017-05-29 18:58:46 GMT

    ADAMS COUNTY, Wash. - The Washington State Patrol one person has died following a one-car collision south of Ritzville Monday morning.  Troopers say the crash happened on Highway 395 about 24 miles south of Ritzville. Details are limited, but WSP says the driver of the car is injured and the passenger of the car has died. 

    More >>

    ADAMS COUNTY, Wash. - The Washington State Patrol one person has died following a one-car collision south of Ritzville Monday morning.  Troopers say the crash happened on Highway 395 about 24 miles south of Ritzville. Details are limited, but WSP says the driver of the car is injured and the passenger of the car has died. 

    More >>
  • Zookeeper killed in incident involving a tiger at UK zoo

    Monday, May 29 2017 2:58 PM EDT2017-05-29 18:58:23 GMT

    LONDON - Police in southeastern England say a zookeeper has been killed in an incident involving a tiger. Cambridgeshire Police are not releasing other details about the incident Monday at Hamerton Zoo, which is 80 miles (130 kilometers) north of London. The zoo was evacuated when the incident took place and an air ambulance was called. 

    More >>

    LONDON - Police in southeastern England say a zookeeper has been killed in an incident involving a tiger. Cambridgeshire Police are not releasing other details about the incident Monday at Hamerton Zoo, which is 80 miles (130 kilometers) north of London. The zoo was evacuated when the incident took place and an air ambulance was called. 

    More >>
  • Trump condemns fatal stabbing of good Samaritans in Portland

    Trump condemns fatal stabbing of good Samaritans in Portland

    Monday, May 29 2017 1:37 PM EDT2017-05-29 17:37:07 GMT

    WASHINGTON - President Donald Trump is condemning the fatal stabbing of two good Samaritans trying to aid two young Muslim women as an avowed white supremacist harassed them in Portland, Oregon. Trump tweeted Monday: "The violent attacks in Portland on Friday are unacceptable. The victims were standing up to hate and intolerance. Our prayers are w/ them." 

    More >>

    WASHINGTON - President Donald Trump is condemning the fatal stabbing of two good Samaritans trying to aid two young Muslim women as an avowed white supremacist harassed them in Portland, Oregon. Trump tweeted Monday: "The violent attacks in Portland on Friday are unacceptable. The victims were standing up to hate and intolerance. Our prayers are w/ them." 

    More >>