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>>

  • HAVE YOU SEEN THIS CHILD? Authorities Say Missing Burien Teen May Be In Spokane Area

    HAVE YOU SEEN THIS CHILD? Authorities Say Missing Burien Teen May Be In Spokane Area

    Wednesday, April 23 2014 9:40 AM EDT2014-04-23 13:40:17 GMT
    SPOKANE, Wash.- The King County Sheriff's Office and The National Center for Missing and Exploited Children believe that a missing 15-year-old boy may be in the Spokane area. More >>
    SPOKANE, Wash.- The King County Sheriff's Office and The National Center for Missing and Exploited Children believe that a missing 15-year-old boy may be in the Spokane area. Authorities say 15-year-old Jacob Hays of Burien was last seen on April 3, 2014. He is white with brown hair and brown eyes. He's 5'10" and weighs 160 pounds. More >>
  • SPECIAL ELECTIONS RESULTS

    SPECIAL ELECTIONS RESULTS

    Wednesday, April 23 2014 1:02 AM EDT2014-04-23 05:02:05 GMT
    KHQ.COM- A special election was held on Tuesday with various items on the ballot, including library funding in Spokane Valley.More >>
    KHQ.COM- A special election was held on Tuesday with various items on the ballot, including library funding in Spokane Valley. Voters approved a measure to create a library capital facilities district, but rejected a bond to pay for two libraries and renovate an existing library. The bond requires a 60% super majority to pass.More >>
  • PHOTOS: KHQ Covers The President In Oso

    PHOTOS: KHQ Covers The President In Oso

    Tuesday, April 22 2014 10:54 PM EDT2014-04-23 02:54:29 GMT
    KHQ.COM - President Obama visited Oso one month after the deadly mudslide that so far has killed 41 people.More >>
    KHQ.COM - President Obama visited Oso one month after the deadly mudslide that so far has killed 41 people. KHQ's Kelsey Watts was in Everett where the President landed and KHQ's Sean Owsley was in Oso during the President's visit. They tweeted out, along with our field producer Josh, a lot of pictures during their coverage, and you can see them all in the slideshow attached to this story.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.