SLIDESHOW: Photo Evidence Released In Local Shooting - Spokane, North Idaho News & Weather KHQ.com

SLIDESHOW: Photo Evidence Released In Local Controversial Shooting; WARNING: Graphic Photos Inside

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.

  • Most Popular StoriesMost Popular StoriesMore>>

  • Police: Driver was going 2x the speed limit in deadly crash

    Police: Driver was going 2x the speed limit in deadly crash

    Thursday, April 26 2018 2:12 AM EDT2018-04-26 06:12:50 GMT

    SPOKANE, Wash. - What sounded like an accident has now led to charges against the woman who was behind the wheel. The driver of Tuesday night's deadly crash is being investigated for DUI and vehicular homicide. Detectives say around 9:30 p.m. a man was struck and killed by a driver as he tried to cross the street near 3rd and Liberty Park Place.   Court documents released Wednesday show that the driver, 50-year-old Tamila Lindsly, 

    >>

    SPOKANE, Wash. - What sounded like an accident has now led to charges against the woman who was behind the wheel. The driver of Tuesday night's deadly crash is being investigated for DUI and vehicular homicide. Detectives say around 9:30 p.m. a man was struck and killed by a driver as he tried to cross the street near 3rd and Liberty Park Place.   Court documents released Wednesday show that the driver, 50-year-old Tamila Lindsly, 

    >>
  • PHOTOS: All lanes of I-90 reopen after semi-truck loses load in downtown Spokane

    PHOTOS: All lanes of I-90 reopen after semi-truck loses load in downtown Spokane

    Wednesday, April 25 2018 6:25 PM EDT2018-04-25 22:25:01 GMT

    SPOKANE, Wash. - Jim Martin Trucking LLC out of Hayden, Idaho confirmed with KHQ the driver of the semi-truck involved in Wednesday's crash on I-90 in downtown Spokane is okay and is cooperating with Troopers. The driver, who was hauling crushed cars, says he was cut off by another car, which he says started the chain reaction that caused the crash. 

    >>

    SPOKANE, Wash. - Jim Martin Trucking LLC out of Hayden, Idaho confirmed with KHQ the driver of the semi-truck involved in Wednesday's crash on I-90 in downtown Spokane is okay and is cooperating with Troopers. The driver, who was hauling crushed cars, says he was cut off by another car, which he says started the chain reaction that caused the crash. 

    >>
  • 12-year-old trapped underwater for nearly 9 minutes in resort pool

    12-year-old trapped underwater for nearly 9 minutes in resort pool

    Wednesday, April 25 2018 11:58 PM EDT2018-04-26 03:58:03 GMT
    NBC NewsNBC News
    NBC NewsNBC News

    MYRTLE BEACH, S.C. - Police in Myrtle Beach, South Carolina say a 12-year-old-boy is alive after being trapped underwater for nine minutes. A video obtained by NBC News shows the boy and his friend swimming around the lazy river at a resort. They removed a metal grate on the floor. The boy was swimming down to explore the hole when his leg became stuck. His friend and several adults tried to get him out, but were unsuccessful. 

    >>

    MYRTLE BEACH, S.C. - Police in Myrtle Beach, South Carolina say a 12-year-old-boy is alive after being trapped underwater for nine minutes. A video obtained by NBC News shows the boy and his friend swimming around the lazy river at a resort. They removed a metal grate on the floor. The boy was swimming down to explore the hole when his leg became stuck. His friend and several adults tried to get him out, but were unsuccessful. 

    >>
HD DOPPLER 6i
/
  • Top Stories from KHQHomeMore>>

  • Police: Driver was going 2x the speed limit in deadly crash

    Police: Driver was going 2x the speed limit in deadly crash

    Thursday, April 26 2018 2:12 AM EDT2018-04-26 06:12:50 GMT

    SPOKANE, Wash. - What sounded like an accident has now led to charges against the woman who was behind the wheel. The driver of Tuesday night's deadly crash is being investigated for DUI and vehicular homicide. Detectives say around 9:30 p.m. a man was struck and killed by a driver as he tried to cross the street near 3rd and Liberty Park Place.   Court documents released Wednesday show that the driver, 50-year-old Tamila Lindsly, 

    >>

    SPOKANE, Wash. - What sounded like an accident has now led to charges against the woman who was behind the wheel. The driver of Tuesday night's deadly crash is being investigated for DUI and vehicular homicide. Detectives say around 9:30 p.m. a man was struck and killed by a driver as he tried to cross the street near 3rd and Liberty Park Place.   Court documents released Wednesday show that the driver, 50-year-old Tamila Lindsly, 

    >>
  • Montana man sentenced for killing man with trampoline pole

    Montana man sentenced for killing man with trampoline pole

    Thursday, April 26 2018 1:01 AM EDT2018-04-26 05:01:06 GMT

    BILLINGS, Mont. (AP) - A Montana man has been sentenced to four years in prison for hitting another man in the back of the head with a trampoline pole, killing him. The Billings Gazette reports that Derek Dexter Shoulderblade was sentenced on Wednesday for the September 2017 death of 30-year-old Ozzy Lee Wilson.    Court documents say that Shoulderblade, then 23, was at a party in Lame Deer when an attendee said something that 

    >>

    BILLINGS, Mont. (AP) - A Montana man has been sentenced to four years in prison for hitting another man in the back of the head with a trampoline pole, killing him. The Billings Gazette reports that Derek Dexter Shoulderblade was sentenced on Wednesday for the September 2017 death of 30-year-old Ozzy Lee Wilson.    Court documents say that Shoulderblade, then 23, was at a party in Lame Deer when an attendee said something that 

    >>
  • 12-year-old trapped underwater for nearly 9 minutes in resort pool

    12-year-old trapped underwater for nearly 9 minutes in resort pool

    Wednesday, April 25 2018 11:58 PM EDT2018-04-26 03:58:03 GMT
    NBC NewsNBC News
    NBC NewsNBC News

    MYRTLE BEACH, S.C. - Police in Myrtle Beach, South Carolina say a 12-year-old-boy is alive after being trapped underwater for nine minutes. A video obtained by NBC News shows the boy and his friend swimming around the lazy river at a resort. They removed a metal grate on the floor. The boy was swimming down to explore the hole when his leg became stuck. His friend and several adults tried to get him out, but were unsuccessful. 

    >>

    MYRTLE BEACH, S.C. - Police in Myrtle Beach, South Carolina say a 12-year-old-boy is alive after being trapped underwater for nine minutes. A video obtained by NBC News shows the boy and his friend swimming around the lazy river at a resort. They removed a metal grate on the floor. The boy was swimming down to explore the hole when his leg became stuck. His friend and several adults tried to get him out, but were unsuccessful. 

    >>