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.
Tuesday, December 10 2013 2:43 AM EST2013-12-10 07:43:09 GMT
Spokane Police say they are investigating a shooting that happened just after 6:00pm in downtown Spokane Monday night. More >>
Spokane Police say they are investigating a shooting that happened just after 6:00pm in downtown Spokane Monday night. Officers say when they arrived there was no one in the parking lot near Division and Main, however they did find evidence showing that at least two shots from a shotgun had been fired.More >>
Tuesday, December 10 2013 2:33 AM EST2013-12-10 07:33:17 GMT
KHQ.COM - Monday night the Spokane City Council voted 6-0 to keep parking meters free in downtown Spokane during holidays. More >>
KHQ.COM - Monday night the Spokane City Council voted 6-0 to keep parking meters free in downtown Spokane during holidays. However that ordinance will also change how you park on non-holidays too. Council members hope changes to on-street parking will make things easier and more inviting for folks hoping to head downtown to shop and eat.More >>
Monday, December 9 2013 10:50 PM EST2013-12-10 03:50:54 GMT
Winter on Lake Coeur d'Alene means many things. People come from all over to see the lights illuminate the lake near the resort. More >>
Winter on Lake Coeur d'Alene means many things. People come from all over to see the lights illuminate the lake near the resort. But they also come for nature. And in the winter, that means Bald Eagles taking advantage of all of the fish. KHQ Local News Reporter Gabe Cohen tagged along with some eagle enthusiasts Monday morning.More >>
Monday, December 9 2013 9:49 PM EST2013-12-10 02:49:42 GMT
It may be the most wonderful time of the year as the holidays draw near, but there's nothing wonderful about this weather for many families across the Inland Northwest.More >>
It may be the most wonderful time of the year as the holidays draw near, but there's nothing wonderful about this weather for many families across the Inland Northwest who are dealing with frozen or burst pipes. The owner of First Response Plumbing told KHQ's Kelsey Watts on a normal day they have 3-6 scheduled appointments. But Monday? They responded to 14 calls. And on Saturday? They got 80.More >>
Monday, December 9 2013 9:10 PM EST2013-12-10 02:10:20 GMT
In a press release issued Monday evening, the Salvation Army says the mystery Gold Coin donor has once again dropped off the annual donation in a bell ringer's kettle.More >>
In a press release issued Monday evening, the Salvation Army says the mystery Gold Coin donor has once again dropped off the annual donation in a bell ringer's kettle. The Salvation Army says the donor wrapped the one ounce South African Krugerrand in a crisp $100 bill and dropped it in a bell ringer's kettle at the Fred Meyer Wandermere. As of Monday night, an ounce of gold is going for about $1,238 an ounce.More >>
UPDATE: A judge sentenced former Shadle Park teacher Ryan Murphy to 90 days of work release and restitution to the victim. Murphy must also relinquish his teaching license. On Monday Murphy struck a deal with prosecutors and pleaded guilty to 3rd Degree Assault in a Non-Sexual Manner.More >>
Monday, December 9 2013 6:58 PM EST2013-12-09 23:58:22 GMT
After considering all of the information presented, the appeals board upheld the original ruling by the University.More >>
After considering all of the information presented, the appeals board upheld the original ruling by the University Disciplinary Board that puts students Dan McIntosh and Erik Fagan on indefinite probation for a weapons policy violation.More >>
A sign posted to the front door Monday morning said it loud and clear: "Adams is closed." Frozen pipes led the fire suppression system to fail, causing the sprinklers to go off. Damages to the ceiling tiles, carpets and classroom materials totaled thousands of dollars spread across five classrooms at Adams Elementary in the Central Valley School District.More >>
Monday, December 9 2013 5:44 PM EST2013-12-09 22:44:11 GMT
KHQ.COM - Federal officials have filed five criminal cases against 18 current and former Los Angeles County sheriff's deputies.More >>
LOS ANGELES (AP) - Federal officials have filed five criminal cases against 18 current and former Los Angeles County sheriff's deputies as part of an FBI investigation into allegations of civil rights abuses and corruption in the nation's largest jail system.More >>