TONIGHT WE ARE LOOKING BACK AT THE STORY OF GAIL GERLACH.
THE SPOKANE MAN IS ACCUSED OF SHOOTING AND KILLING
A THIEF AS HE DROVE AWAY IN HIS S-U-V.
AND TOMORROW HIS MANSLAUGHTER TRIAL BEGINS...
KXLY 4'S CAITI CURREY IS WORKING FOR YOU WITH EVERYTHING
YOU NEED TO KNOW BEFORE THE TRIAL GETS UNDERWAY....
KRISTI, IT'S A SPLIT SECOND DECISION WE'VE BEEN TALKING
ABOUT FOR MONTHS...
GAIL GERLACH CHOOSING TO SHOOT 25 YEAR OLD BRENDAN
KALUZA-GRAHAM AS HE WAS DRIVING AWAY IN GERLACH'S
TOMORROW THE PROCESS WILL BEGIN TO DETERMINE WHETHER
HIS ACTIONS WERE JUST.
It was a serious situation and I was under serious
emotional stress at the time.
I'm not sure that I understood anything at the time.
THAT WAS GAIL GERLACH IN OCTOBER AS HE RECOUNTED THE
MORNING BRENDAN KALUZA-GRAHAM DROVE OFF IN HIS STOLLEN
GERLACH SAYS HE FELT THREATENED.
AND FIRED A SINGLE BULLET THROUGH THE BACK OF THE
STRICKING KALUZA-GRAHAM IN THE HEAD.
AND KILLING HIM INSTANTLY.
Dan Wilson, Neighbor and Friend
The guys pretecting his own property
MANY PEOPLE IN SPOKANE SIDED WITH GERLACH'S NEIGHBOR.
He's trying to keep the crime down, that's what we're
trying to do here, it's getting worse.
MANY OTHERS DIDN'T SEE IT THAT WAY.
INCLUDING SPOKANE COUNTY PROSECUTOR STEVE TUCKER.
Steve Tucker, Spokane County Prosecutor15
When it rises to deadly force, when there's a gun
involved, you have to feel like you are in imminent
danger of being substantially injured, or someone
else is in danger, that danger has to be imminent,
it has to be now and then deadly force is allowed.
Until then, deadly force is not allowed.
THOUGH GERLACH SAYS HE THOUGHT HE SAW KALUZA-GRAHAM
RAISE A GUN...
Mike Griffiths, Spokane Police Dept.
No gun was recovered within the vehicle.
There were some keys, a couple key rings on sheved
keys, which can be used to start a vehicle.
AFTER A LOT OF CONSIDERATION.
PROSECUTORS DETERMINED THEY FELT GERLACH WAS IN NO
HE FIRED THE GUN AS KALUZA-GRAHAM, WAS ALREADY DRIVING
PROSECUTORS DESCRIBE GERLACH'S ACTIONS AS RECKLESS,
UNREASONABLE AND UNNECESSARY.
GERLACH WAS OFFICIALLY CHARGED
WITH FIRST DEGREE MANSLAUGHTER
HIS LAWYER TOLD KXLY THAT HE STILL MAINTAINS HIS INNOCENCE.
RICHARD LEE, GERLACH'S ATTORNEY -
it's a very tragic story all around, there are no
winners at the end of the day.
TOMORROW THE JUDGE IS HEARING MOTIONS ON WHAT THE
JURY WILL HEAR.
PROSECUTORS ARE TRYING KEEP A SELF DEFENSE EXPERT
FROM TESTIFYING THAT GERLACH'S ACTIONS WERE JUSTIFIED.
THE DEFENSE WANTS THE COURT'S PERMISSION TO TAKE THE
JURY TO THE SHOOTING SEEN AND HAVE A CHANCE TO INSPECT
THE S-U-V THAT WAS STOLEN.
GERLACH IS ALSO EXPECTED TO TAKE THE STAND IN HIS
REPORTING LIVE IN STUDIO TONIGHT.
CAITI CURREY KXLY 4 NEWS.