Posted on 05/30/2013 6:04:38 AM PDT by marktwain
Bingo...unlawful discharge within city limits.
(1) Know your state laws about firearms and use of force.
Late to this thread as I just heard this on the news today. He was booked in June and released to await trial in September.
Sadly, he probably DID know the Washington State law (okay to shoot someone to prevent a felony) - but I guess the law doesn’t matter to this prosecuter. Much like the Zimmerman case, the cops did not arrest the guy.
Although locking your car is always a good idea. Although the deceased had burglary tools on him.
http://www.spokesman.com/stories/2014/apr/04/gerlachs-single-bullet-paralyzed-killed-kaluza/
Update to April, 2014 on the Gail Gerlach trial, Spokane, WA
Jury selected, 911 call heard, medical report.
All they talk about is the self defense issue. But the law is clear that in the State of Washington you can shoot someone to prevent a felony. That includes shooting someone that is fleeing.
Newspaper predicts the trial to last a week.
Don’t pick a fight with a boy named Gail.
Don’t forget that this is Washington State ... I’m sure their jury pool is as crazy as the prosecutors!
Police kill people for much less and get away with it.
And I have nothing but contempt for the People of Washington.
Kaluza last saw her grandson Sunday night – the night before he was killed – when he came over for dinner and raked her pine needles. She says it was his dream to own a landscaping business, and was trying to get his life back on track.
“Just Sunday I gave him two leads on landscaping jobs,” she said, adding that she was going to take Kaluza-Graham and his little brother to get their drivers licenses – but never got the chance.
His license was revoked when he spent a year in jail on charges of vehicle theft, possessing drugs and assaulting a police officer. He was just released in January, and was applying for jobs. Before that, he’d been convicted four times for taking a vehicle without permission.
Kaluza admits her grandson made a few mistakes the last few years, but says he didn’t deserve to die.
Police say Kaluza-Graham had just jumped into a running SUV and was driving away when the owner of the SUV fired one shot. The medical examiner reported the shot hit him in the head, and ruled his death a homicide.
“To me, it was an execution, he was driving away and he was shot in the back of the head,” she said. “It’s one thing to have someone you love taken from you accidentally, but to be shot needlessly? Our thought is, if he just wanted his car back, why didn’t he shoot for the tire?”
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Dogs even less.....its open season on any dog who so much as barks at an LEO
Cops should hire this guy to run their practice range.
http://www.khq.com/story/25214327/gerlach-trial-jury-deliberations-underway-verdict-not-yet-reached
Gail Gerlach verdict: NOT guilty of manslaughter as he shot the car thief driving away down the street. They are still deliberating on if the shoot was justified. I imagine that the good people of Spokane will find that the shooting was justified, with the State then having to cover Mr. Gerlach’s trial expenses.
Years ago there was a rash of home-invasions and owner’s shooting the perps. Coming in the door. Fleeing and running down the drive carrying stuff, etc. I think it was a local sheriff that quipped “They should know by now - it is open-season on criminals in Washington.”
Spokane is in Eastern Washington which may be more conservative than Seattle. If my statement is true then his odds of acquittal would be better than if tried in Seattle. As a general rule the law has been for as long as I can remember that one cannot shoot a person stealing ones car-absent the use of force and violence by the perp.
I guess my definition of a car jacking is a lot different than this guys.
I had a gun put in my face...he left his car idling unattended...a pretty big difference in my opinion.
Did they find a cell phone or cigarette lighter? That is good enough for the Kings men generally.
Needed to fix that some.
I stand corrected... ten months later. :)
Sorry, I missed that it was an old thread.
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