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>>

  • Terrifying video shows how quickly a dry Christmas tree goes up in flames

    Terrifying video shows how quickly a dry Christmas tree goes up in flames

    Wednesday, December 13 2017 8:06 AM EST2017-12-13 13:06:05 GMT

    KHQ.COM - As the nation gears up to decorate their homes for the holiday season, the U.S. Consumer Product Safety Commission (CPSC) reminds consumers of decorating dangers and provides tips for a safe holiday. CPSC demonstrated some of the hazards, including Christmas tree and candle fires at its laboratory in Rockville, Md.  A terrifying video shows just how fast a dry Christmas tree can erupt in flames.

    More >>

    KHQ.COM - As the nation gears up to decorate their homes for the holiday season, the U.S. Consumer Product Safety Commission (CPSC) reminds consumers of decorating dangers and provides tips for a safe holiday. CPSC demonstrated some of the hazards, including Christmas tree and candle fires at its laboratory in Rockville, Md.  A terrifying video shows just how fast a dry Christmas tree can erupt in flames.

    More >>
  • 3 people arrested for killing Colville father with a hammer

    3 people arrested for killing Colville father with a hammer

    Wednesday, December 13 2017 2:19 AM EST2017-12-13 07:19:59 GMT

    STEVENS COUNTY, Wash. - Three people are facing charges for a murder in Stevens County that happened more than a year ago. The case had all but gone cold until recently, now it's taken a dramatic turn. The deputy prosecutor in Stevens County describes it as brutal. Now three people, including the victim's ex-wife, are facing first degree murder charges after she confessed to investigators.

    More >>

    STEVENS COUNTY, Wash. - Three people are facing charges for a murder in Stevens County that happened more than a year ago. The case had all but gone cold until recently, now it's taken a dramatic turn. The deputy prosecutor in Stevens County describes it as brutal. Now three people, including the victim's ex-wife, are facing first degree murder charges after she confessed to investigators.

    More >>
  • Mad Minute stories from Tuesday, December 12th

    Mad Minute stories from Tuesday, December 12th

    Wednesday, December 13 2017 2:00 AM EST2017-12-13 07:00:09 GMT

    Here are the extended versions of the KHQ Local News 11 at 11 Mad Minute stories from Tuesday, December 12th.

    More >>

    Here are the extended versions of the KHQ Local News 11 at 11 Mad Minute stories from Tuesday, December 12th.

    More >>