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>>

  • Teen Suspended For Asking Miss America To Prom

    Teen Suspended For Asking Miss America To Prom

    Friday, April 18 2014 11:34 PM EDT2014-04-19 03:34:48 GMT
    YORK, Pa. (AP) — A Pennsylvania high school student is in hot water for asking Miss America to prom during a question and answer session at school. Eighteen-year-old Patrick Farves said he received three days of in-school suspension Thursday because he asked Nina Davuluri to prom.
    >>
    YORK, Pa. (AP) — A Pennsylvania high school student is in hot water for asking Miss America to prom during a question and answer session at school. Eighteen-year-old Patrick Farves said he received three days of in-school suspension Thursday because he asked Nina Davuluri to prom.

    >>
  • Widow Seeks $7 Million After Deadly Oso Mudslide

    Widow Seeks $7 Million After Deadly Oso Mudslide

    Friday, April 18 2014 11:10 PM EDT2014-04-19 03:10:58 GMT
    EVERETT, Wash. (AP) - The lawyer for a woman whose husband died in the deadly Washington state mudslide says her client has filed claims seeking a total of $7 million from Washington state and Snohomish County.Lawyer Corrie Yackulic said Friday that Deborah Durnell wants to learn exactly why a hillside gave way and what government officials knew about risks to those living below in the small community of Oso, 55 miles northeast of Seattle.>>
    EVERETT, Wash. (AP) - The lawyer for a woman whose husband died in the deadly Washington state mudslide says her client has filed claims seeking a total of $7 million from Washington state and Snohomish County.Lawyer Corrie Yackulic said Friday that Deborah Durnell wants to learn exactly why a hillside gave way and what government officials knew about risks to those living below in the small community of Oso, 55 miles northeast of Seattle.>>
  • Two Suspects Arrested: May Be Involved In A String Of Fast Food Robberies In Spokane

    Two Suspects Arrested: May Be Involved In A String Of Fast Food Robberies In Spokane

    Friday, April 18 2014 10:25 PM EDT2014-04-19 02:25:51 GMT
    UPDATE: Two suspects have been arrested in connection to the robbery that occurred Thursday evening at the McDonald's at 2200 W. Wellesley Ave. Major Crimes Detectives are also investigating the possibility these suspects are connected to other robbery incidents.>>
    UPDATE: Two suspects have been arrested in connection to the robbery that occurred Thursday evening at the McDonald's at 2200 W. Wellesley Ave. Major Crimes Detectives are also investigating the possibility these suspects are connected to other robbery incidents.
    >>