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>>

  • Chaffetz, leaving Congress this week, heading to Fox News

    Chaffetz, leaving Congress this week, heading to Fox News

    Wednesday, June 28 2017 6:21 PM EDT2017-06-28 22:21:41 GMT

    WASHINGTON (AP) - A Republican who is quitting Congress at the end of the week is heading to Fox News.      Fox News Channel announced on Wednesday that five-term Rep. Jason Chaffetz of Utah will be a contributor effective July 1, offering political analysis on various Fox programs.      Chaffetz said earlier this year that he would not seek another term, then announced he would leave the House on June 30.

    More >>

    WASHINGTON (AP) - A Republican who is quitting Congress at the end of the week is heading to Fox News.      Fox News Channel announced on Wednesday that five-term Rep. Jason Chaffetz of Utah will be a contributor effective July 1, offering political analysis on various Fox programs.      Chaffetz said earlier this year that he would not seek another term, then announced he would leave the House on June 30.

    More >>
  • Baby born during airplane ride

    Baby born during airplane ride

    Wednesday, June 28 2017 6:20 PM EDT2017-06-28 22:20:14 GMT
    (WDSU) - Cristina Penton was traveling with her family on Spirit Airlines when she went into labor with her son Christoph Lezcano Saturday evening. The mom-to-be was aboard flight 971 from Fort Lauderdale, Florida to Dallas, Texas when she started to have contractions at 36 weeks.  The flight was diverted to Louis Armstrong International Airport in New Orleans, but it was too late.  "We were still really high off the ground and at that point, I knew I was not going t...More >>
    (WDSU) - Cristina Penton was traveling with her family on Spirit Airlines when she went into labor with her son Christoph Lezcano Saturday evening. The mom-to-be was aboard flight 971 from Fort Lauderdale, Florida to Dallas, Texas when she started to have contractions at 36 weeks.  The flight was diverted to Louis Armstrong International Airport in New Orleans, but it was too late.  "We were still really high off the ground and at that point, I knew I was not going t...More >>
  • North Korea warns US it will keep building nuclear arsenal

    North Korea warns US it will keep building nuclear arsenal

    Wednesday, June 28 2017 6:11 PM EDT2017-06-28 22:11:10 GMT

    UNITED NATIONS (AP) - North Korea's U.N. ambassador is warning the United States and the rest of the world that his country will keep building up its nuclear arsenal regardless of sanctions, pressure or military attack. Kim In Ryong told the Security Council on Wednesday that the "hostile policy" of the United States and its military maneuvers with South Korea in April and May are responsible for bringing the situation on the Korean Peninsula 

    More >>

    UNITED NATIONS (AP) - North Korea's U.N. ambassador is warning the United States and the rest of the world that his country will keep building up its nuclear arsenal regardless of sanctions, pressure or military attack. Kim In Ryong told the Security Council on Wednesday that the "hostile policy" of the United States and its military maneuvers with South Korea in April and May are responsible for bringing the situation on the Korean Peninsula 

    More >>