Prosecutors unable to use some Gail Gerlach statements during trial



Posted on February 14, 2014 at 6:45 PM

Updated Friday, Feb 14 at 7:22 PM

SPOKANE, Wash. -- A judge has thrown out statements Gail Gerlach made to police after an officer advised him to get a lawyer in his upcoming First Degree Manslaughter trial. The judge made the decision Friday afternoon in court.

The decision does not include what Gerlach told detectives at their headquarters after the shooting.

READ: Gail Gerlach pleads not guilty to fatally shooting SUV thief

Gerlach admitted to shooting Brendan Kaluza-Graham when the 25-year-old tried to drive off in  Gerlach’s 1997 Chevrolet Suburban in March 2012.

On Friday, testimony was given about the potentially incriminating statements. Detectives said Gerlach told them he was regretful of what he had done and wished he could take it all back.

WATCH: Dispatchers release 911 call from deadly SUV theft shooting

Prosecutors said they are disappointed the statements will not be admitted into the trial. Detective Den Estes testified that when he questioned Gerlach, he believed he followed procedure.

The 911 call will be admitted into evidence as well as the brief statements Gerlach made to the first officers on scene that morning.

WATCH: Manslaughter suspect's wife nervous about Spokane trial

Gerlach’s trial is set to begin March 31, 2014.

Prosecutors have already announced they will appeal the judge’s decision.