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>>

  • WATCH: Cell Phone Video Of Sinking Ferry Released As 270 Are Still Missing

    WATCH: Cell Phone Video Of Sinking Ferry Released As 270 Are Still Missing

    Friday, April 18 2014 4:21 PM EDT2014-04-18 20:21:35 GMT
    MOKPO, South Korea (AP) - Searchers have now put markers on the surface of the water where the South Korean ferry went down. Part of the ship had remained above the surface until today, but now the entire vessel is submerged. They're continuing the effort to find some 270 people who are missing and feared dead.>>
    MOKPO, South Korea (AP) - Searchers have now put markers on the surface of the water where the South Korean ferry went down. Part of the ship had remained above the surface until today, but now the entire vessel is submerged. They're continuing the effort to find some 270 people who are missing and feared dead.
    >>
  • Man Identified In Fatal Crash Friday Morning On Bowdish Rd.

    Man Identified In Fatal Crash Friday Morning On Bowdish Rd.

    Friday, April 18 2014 4:13 PM EDT2014-04-18 20:13:11 GMT
    SPOKANE, Wash. - The man killed in an early morning crash on Friday has been identified as 34-year-old, Alejandro E. Apodaca. Just before 12:30, Apodaca crashed his car on S. Bowdish Rd. He was traveling South on Bowdish near 17th when he lost control of his car, uprooting a tree in the front yard of a home.
    >>
    SPOKANE, Wash. - The man killed in an early morning crash on Friday has been identified as 34-year-old, Alejandro E. Apodaca. Just before 12:30, Apodaca crashed his car on S. Bowdish Rd. He was traveling South on Bowdish near 17th when he lost control of his car, uprooting a tree in the front yard of a home.
    >>
  • At Least 13 Sherpas Dead As Avalanche Sweeps Mount Everest

    At Least 13 Sherpas Dead As Avalanche Sweeps Mount Everest

    Friday, April 18 2014 12:10 PM EDT2014-04-18 16:10:21 GMT
    KATMANDU, Nepal (AP) - A Nepalese tourism official says six local guides have been killed and nine more are missing after an avalanche swept a route used to ascend the world's highest peak. Nepal Tourism Ministry official Krishna Lamsal says the avalanche hit just below Mount Everest Camp 2 around 6:30 a.m. Friday.>>
    KATMANDU, Nepal (AP) - A Nepalese tourism official says six local guides have been killed and nine more are missing after an avalanche swept a route used to ascend the world's highest peak. Nepal Tourism Ministry official Krishna Lamsal says the avalanche hit just below Mount Everest Camp 2 around 6:30 a.m. Friday.
    >>
  • Top Stories from KHQTop StoriesMore>>

  • Students Served Sour Milk At Whitman Elementary

    Students Served Sour Milk At Whitman Elementary

    Friday, April 18 2014 9:51 PM EDT2014-04-19 01:51:33 GMT
    SPOKANE, Wash- Several parents in Spokane were concerned when they heard their kids were served soured milk at Whitman Elementary. The district says it happened on Monday April 14th, 3 parents who spoke with KHQ say it was also served Tuesday before the district was made aware. District leaders say the milk had an expiration date of April 16th but went bad before that date.>>
    SPOKANE, Wash- Several parents in Spokane were concerned when they heard their kids were served soured milk at Whitman Elementary. The district says it happened on Monday April 14th, 3 parents who spoke with KHQ say it was also served Tuesday before the district was made aware. District leaders say the milk had an expiration date of April 16th but went bad before that date.
    >>
  • Spokane Marathoners Travel Cross-Country to Make Boston Even Stronger

    Spokane Marathoners Travel Cross-Country to Make Boston Even Stronger

    Friday, April 18 2014 9:37 PM EDT2014-04-19 01:37:43 GMT
    (KHQ)- "Runners are a breed of their own, they're fighters," explained Heather LeFriec, who runs with the Spokane Swifts, an all-female competitive running club. "If you tell them they can't do something, they'll go do it. They like the challenge, that's mostly why they run."That is why she, and many other runners from Spokane, are not surprised by the fact that this year's Boston Marathon is bigger than ever, with over 36,000 runners participating.>>
    (KHQ)- "Runners are a breed of their own, they're fighters," explained Heather LeFriec, who runs with the Spokane Swifts, an all-female competitive running club. "If you tell them they can't do something, they'll go do it. They like the challenge, that's mostly why they run."That is why she, and many other runners from Spokane, are not surprised by the fact that this year's Boston Marathon is bigger than ever, with over 36,000 runners participating.
    >>
  • Michaels Security Breach: 2.6 Million Shoppers Affected

    Michaels Security Breach: 2.6 Million Shoppers Affected

    Friday, April 18 2014 9:11 PM EDT2014-04-19 01:11:17 GMT
    SPOKANE, Wash. - People who shopped at Michaels between May 2013 and January 2014 could be impacted by a security breach that stole nearly 2.6 million shoppers' credit and debit card information. Michaels says it has fixed the problem, so shopping at the stores is no longer an issue.>>
    SPOKANE, Wash. - People who shopped at Michaels between May 2013 and January 2014 could be impacted by a security breach that stole nearly 2.6 million shoppers' credit and debit card information. Michaels says it has fixed the problem, so shopping at the stores is no longer an issue.>>