SPOKANE, Wash. -- Police completed their investigation into a man who admitted to shooting and killing a suspected car theif in March. The Spokane County Prosecutor will now decide whether to charge Gail Gerlach with second degree murder.
Gerlach, 56, said he shot at his 1997 Chevrolet Suburban just once after seeing 25-year-old Brendon T. Kaluza-Graham taking the vehicle.
Gerlach told police he saw the suspect pull out of his driveway. He followed Kaluza-Graham on foot and allegedly saw the suspect raise his arm. Gerlach says he fired when he thought he saw a gun. The suspect died instantly when a bullet hit him in the head.
Investigators searched the SUV and did not recover any weapons from the car.
Gerlach does not have a criminal history and was legally allowed to carry a concealed weapon. Kaluza-Graham had several run-ins with the law before his death. Police said they found two sets of shaved keys, a flashlight and a screw driver on his body.