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: Wildfires in Central Washington

    PHOTOS: Wildfires in Central Washington

    Tuesday, August 19 2014 1:39 PM EDT2014-08-19 17:39:31 GMT
    KHQ.COM - It has been an intense year for wildfires all over the northwest. The photos in this slideshow were taken 8/7 - 8/11 by KHQ photographer Reed Schmitt. Most of the photos are from the Methow Valley area around Winthrop. A few shots are from the North Cascades Smokejumper Base and also from a horseback ride at Sun Mountain near Patterson Lake. The final shot is of Grand Coulee Dam almost completely obscured by smoke.>>
    KHQ.COM - It has been an intense year for wildfires all over the northwest. The photos in this slideshow were taken 8/7 - 8/11 by KHQ photographer Reed Schmitt. Most of the photos are from the Methow Valley area around Winthrop. A few shots are from the North Cascades Smokejumper Base and also from a horseback ride at Sun Mountain near Patterson Lake. The final shot is of Grand Coulee Dam almost completely obscured by smoke.>>
  • CAUGHT ON VIDEO: Lightning strike nearly hits Hayden woman

    CAUGHT ON VIDEO: Lightning strike nearly hits Hayden woman

    Wednesday, August 20 2014 2:46 AM EDT2014-08-20 06:46:00 GMT
    HAYDEN, Idaho- A Hayden woman says her mother is extremely lucky to be alive after a bolt of lightning struck a foot away from her. It happened Tuesday evening when a storm system rolled through, bringing lightning, thunder, rain and hail.>>
    HAYDEN, Idaho- A Hayden woman says her mother is extremely lucky to be alive after a bolt of lightning struck a foot away from her. It happened Tuesday evening when a storm system rolled through, bringing lightning, thunder, rain and hail.>>
  • Overcrowding issues

    Overcrowding issues

    Wednesday, August 20 2014 12:22 AM EDT2014-08-20 04:22:25 GMT
    It's an issue many counties are dealing with, overcrowding in the jails. And it's an issue the Kootenai county commissioners say they've been trying to correct over the years with bond elections. "we have a chronic problem with overcrowding. In 2013, we spent more than 900 thousand dollars to send inmates out of county to find housing," said county commissioner Dan Green.  >>
    It's an issue many counties are dealing with, overcrowding in the jails. And it's an issue the Kootenai county commissioners say they've been trying to correct over the years with bond elections. "we have a chronic problem with overcrowding. In 2013, we spent more than 900 thousand dollars to send inmates out of county to find housing," said county commissioner Dan Green.  >>
  • Top Stories from KHQTop StoriesMore>>

  • WATCH LIVE (9:45am): Obama to speak after militants behead American

    WATCH LIVE (9:45am): Obama to speak after militants behead American

    Wednesday, August 20 2014 12:10 PM EDT2014-08-20 16:10:55 GMT
    EDGARTOWN, Mass. (AP) - The White House says President Barack Obama will deliver a statement on Wednesday, the day after Islamic State militants released a video showing an American journalist being beheaded. Obama will speak from Martha's Vineyard in Massachusetts, where he's currently in the second week of his annual summer vacation.>>
    EDGARTOWN, Mass. (AP) - The White House says President Barack Obama will deliver a statement on Wednesday, the day after Islamic State militants released a video showing an American journalist being beheaded. Obama will speak from Martha's Vineyard in Massachusetts, where he's currently in the second week of his annual summer vacation.
    >>
  • US delivers nearly one dozen airstrikes in Iraq

    US delivers nearly one dozen airstrikes in Iraq

    Wednesday, August 20 2014 11:53 AM EDT2014-08-20 15:53:50 GMT
    WASHINGTON (AP) - A U.S. official says American fighter jets and drones conducted nearly a dozen airstrikes in Iraq since Tuesday, even as Islamic State militants threatened to kill a second American captive in retribution for any continued strikes. The militants released a video Tuesday showing U.S. journalist James Foley being beheaded.>>
    WASHINGTON (AP) - A U.S. official says American fighter jets and drones conducted nearly a dozen airstrikes in Iraq since Tuesday, even as Islamic State militants threatened to kill a second American captive in retribution for any continued strikes. The militants released a video Tuesday showing U.S. journalist James Foley being beheaded.
    >>
  • Stolen bike didn't roll away unnoticed

    Stolen bike didn't roll away unnoticed

    Wednesday, August 20 2014 10:31 AM EDT2014-08-20 14:31:01 GMT
    SPOKANE, Wash. - When Paul Dannels finished his workout at the Downtown YMCA, he was surprised to see his bike was gone from the bike rack. "I was pretty upset, to be honest...mad, and discouraged, and depressed because I knew I couldn't replace it," said Dannels. A reporter for The Inlander happened to be at the YMCA when the bike was stolen.>>
    SPOKANE, Wash. - When Paul Dannels finished his workout at the Downtown YMCA, he was surprised to see his bike was gone from the bike rack. "I was pretty upset, to be honest...mad, and discouraged, and depressed because I knew I couldn't replace it," said Dannels. A reporter for The Inlander happened to be at the YMCA when the bike was stolen.
    >>