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>>

  • One person dead after hit & run in Spokane Valley

    One person dead after hit & run in Spokane Valley

    Tuesday, September 2 2014 1:02 PM EDT2014-09-02 17:02:36 GMT
    KHQ.COM - One person is dead after a hit and run near I-90 Park Rd. in Spokane Valley. It happened around 1:30 am on Tuesday. At this point police do not have a suspect description but are asking for anyone who may have witnessed the incident to call Crime Check at 509-456-2233.>>
    KHQ.COM - One person is dead after a hit and run near I-90 Park Rd. in Spokane Valley. It happened around 1:30 am on Tuesday. At this point police do not have a suspect description but are asking for anyone who may have witnessed the incident to call Crime Check at 509-456-2233.>>
  • VIRAL VIDEO: Holy Moly! This girl is definitely NOT afraid of spiders!

    VIRAL VIDEO: Holy Moly! This girl is definitely NOT afraid of spiders!

    Monday, September 1 2014 12:00 PM EDT2014-09-01 16:00:12 GMT
    KHQ.COM - You don't even know what this girl is about to do to prove she is definitely NOT afraid of spiders! Is she crazy or just fearless? Would you do this for $500? $1,000? $20,000? >>>WATCH>>>>>
    KHQ.COM - You don't even know what this girl is about to do to prove she is definitely NOT afraid of spiders! Is she crazy or just fearless? Would you do this for $500? $1,000? $20,000? >>>WATCH>>>>>
  • PHOTOS: Share your back-to-school pics!

    PHOTOS: Share your back-to-school pics!

    Tuesday, September 2 2014 12:18 PM EDT2014-09-02 16:18:59 GMT
    KHQ.COM - School is starting! Everyone knows the drill right? Before you can run out the door and jump on the bus, mom always has to snag a picture to remember her little baby growing up through the years! We want to see those photos! Whether they are from this year, last year or 50 years ago, send us the photos of your first day of school!>>
    KHQ.COM - School is starting! Everyone knows the drill right? Before you can run out the door and jump on the bus, mom always has to snag a picture to remember her little baby growing up through the years! We want to see those photos! Whether they are from this year, last year or 50 years ago, send us the photos of your first day of school!>>
  • Top Stories from KHQTop StoriesMore>>

  • Capone murder trial underway in Moscow

    Capone murder trial underway in Moscow

    Tuesday, September 2 2014 5:14 PM EDT2014-09-02 21:14:29 GMT
    MOSCOW, Idaho - The long awaited murder trial of Charles Capone began in Moscow, Idaho on Tuesday. Capone is accused of murdering his estranged ex-wife, Racheal Anderson, 4 years ago. >>
    MOSCOW, Idaho - The long awaited murder trial of Charles Capone began in Moscow, Idaho on Tuesday. Capone is accused of murdering his estranged ex-wife, Racheal Anderson, 4 years ago. Anderson's body has never been found. Detectives say Capone and a friend, David Stone made a pact to kill each other's wives.>>
  • Home Depot investigating potential credit and debit card breach

    Home Depot investigating potential credit and debit card breach

    Tuesday, September 2 2014 5:10 PM EDT2014-09-02 21:10:56 GMT
    Home improvement retailer Home Depot says it may be the latest victim of a massive credit card security breach. The Atlanta-based company confirmed Tuesday that it is looking into "unusual activity" and it's working with both banks and law enforcement.>>
    Home improvement retailer Home Depot says it may be the latest victim of a massive credit card security breach. The Atlanta-based company confirmed Tuesday that it is looking into "unusual activity" and it's working with both banks and law enforcement.>>
  • UPDATE: FBI investigates Jennifer Lawrence nude pics

    UPDATE: FBI investigates Jennifer Lawrence nude pics

    Tuesday, September 2 2014 4:26 PM EDT2014-09-02 20:26:14 GMT
    LOS ANGELES (AP) - A publicist for Jennifer Lawrence says the actress has contacted authorities after nude photos of her were apparently stolen and posted online. Intimate images of the Oscar winning actress began appearing online on Sunday and nude images purported to be of other female celebrities were also being circulated online.>>
    LOS ANGELES (AP) - A publicist for Jennifer Lawrence says the actress has contacted authorities after nude photos of her were apparently stolen and posted online. Intimate images of the Oscar winning actress began appearing online on Sunday and nude images purported to be of other female celebrities were also being circulated online.>>