Gail Gerlach is facing an important day in court Friday in his case involving the shooting of a car thief who stole his SUV from in front of his home earlier this year.
Gerlach is charged with first degree manslaughter for shooting Brendon Kaluza-Graham as he drove away from Gerlach's home back in March.
Gerlach has told police he fired in self defense because he though Kaluza-Graham was reaching for a weapon.
Now Gerlach is asking the court to suppress the statements he made to investigators because he was not advised of his right to remain silent.
If a judge grants Gerlach's motion it would be much more difficult for prosecutors to prove that Gerlach's use of deadly force was unjustified. Gerlach may even take the stand to tell the court about his conversations with officers at the scene.