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

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.

  • Most Popular StoriesMost Popular StoriesMore>>

  • PHOTOS: 10-year-old goldfish has surgery to remove tumor

    PHOTOS: 10-year-old goldfish has surgery to remove tumor

    Monday, September 15 2014 2:39 PM EDT2014-09-15 18:39:15 GMT
    KHQ.COM - You could say that George the Goldfish is one lucky fish. When George's owners who were reportedly "very attached to him," learned that George had a life-threatening tumor, instead of putting him down or waiting for nature to take its course, they opted for a life-saving operation to save little George's life.>>
    KHQ.COM - You could say that George the Goldfish is one lucky fish. When George's owners who were reportedly "very attached to him," learned that George had a life-threatening tumor, instead of putting him down or waiting for nature to take its course, they opted for a life-saving operation to save little George's life.
    >>
  • Remembering Beau Weiher: Montana man dies in Glacier National Park

    Remembering Beau Weiher: Montana man dies in Glacier National Park

    Monday, September 15 2014 5:01 PM EDT2014-09-15 21:01:41 GMT
    WEST GLACIER, Mont. (AP) - A 22-year-old Montana man has died, possibly after attempting an illegal BASE jump in Glacier National Park. The National Park Service was notified at Saturday night that Beau Weiher, of Missoula, was overdue from a solo day hike in the Many Glacier Area.>>
    WEST GLACIER, Mont. (AP) - A 22-year-old Montana man has died, possibly after attempting an illegal BASE jump in Glacier National Park. The National Park Service was notified at Saturday night that Beau Weiher, of Missoula, was overdue from a solo day hike in the Many Glacier Area.>>
  • WATCH: Rarely seen 9/11 Budweiser commercial that aired only once

    WATCH: Rarely seen 9/11 Budweiser commercial that aired only once

    Thursday, September 11 2014 8:52 PM EDT2014-09-12 00:52:54 GMT
    KHQ.COM - This Budweiser commercial was produced after the September 11th terrorist attacks. However, it hasn't been widely seen because Budweiser only aired it once so as not to benefit financially from it - they just wanted to acknowledge the tragic event.>>
    KHQ.COM - This Budweiser commercial was produced after the September 11th terrorist attacks. However, it hasn't been widely seen because Budweiser only aired it once so as not to benefit financially from it - they just wanted to acknowledge the tragic event.>>
  • Top Stories from KHQTop StoriesMore>>

  • Police search for attackers after stabbing

    Police search for attackers after stabbing

    Tuesday, September 16 2014 2:38 AM EDT2014-09-16 06:38:49 GMT
    Spokane Police are searching for two suspects after a man walked into an American Medical Response building with stab wounds.It started when a couple were walking near North Madison Street and West Sharpe Avenue with a bike and suitcase Monday night. Two other people approached and tried to steal the belongings. A fight broke out and one of the attackers stabbed the male victim in the back. Both attackers fled with the bike and suitcase.Two bystanders heard the commotion near by and helped tr...>>
    Spokane Police are searching for two suspects after a man walked into an American Medical Response building with stab wounds.It started when a couple were walking near North Madison Street and West Sharpe Avenue with a bike and suitcase Monday night. Two other people approached and tried to steal the belongings. A fight broke out and one of the attackers stabbed the male victim in the back. Both attackers fled with the bike and suitcase.Two bystanders heard the commotion near by and helped tr...>>
  • One airlifted after car rolls down embankment

    One airlifted after car rolls down embankment

    Tuesday, September 16 2014 1:07 AM EDT2014-09-16 05:07:20 GMT
    KETTLE FALLS, Wash. - A Northwest MedStar helicopter air lifted one person to Sacred Heart Medical Center after a car rolled down a steep embankment Monday night, according to Ferry County Sheriff Deputies. The crash happened at Deadman Creek Road in Kettle Falls around 9 p.m.. Two people in their 20's were in the car when it rolled down the embankment.>>
    KETTLE FALLS, Wash. - A Northwest MedStar helicopter air lifted one person to Sacred Heart Medical Center after a car rolled down a steep embankment Monday night, according to Ferry County Sheriff Deputies. The crash happened at Deadman Creek Road in Kettle Falls around 9 p.m.. Two people in their 20's were in the car when it rolled down the embankment.>>
  • Police ask anonymous tipster to call back

    Police ask anonymous tipster to call back

    Monday, September 15 2014 11:58 PM EDT2014-09-16 03:58:23 GMT
    SPOKANE, Wash. - The Spokane Police Major Crimes Unit is asking for the public's help for more information on a fatal shooting that happened in August. Early on August 10, police found the body of 32-year-old Richard Amodio in the parking lot of the Howard Johnson Motel in North Spokane. The motel is on North Division Street just south of where it intersects with East Euclid Avenue.
    >>
    SPOKANE, Wash. - The Spokane Police Major Crimes Unit is asking for the public's help for more information on a fatal shooting that happened in August. Early on August 10, police found the body of 32-year-old Richard Amodio in the parking lot of the Howard Johnson Motel in North Spokane. The motel is on North Division Street just south of where it intersects with East Euclid Avenue.

    >>