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by RoyGBiv
Thu May 30, 2013 10:43 am
Forum: Other States
Topic: Spokane WA: Manslaughter charge in stolen car shooting
Replies: 24
Views: 4819

Re: Spokane WA: Manslaughter charge in stolen car shooting

Washington State law...
RCW 9A.16.020 - Use of force — When lawful.

The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:

(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
Seems to me that use of force was lawful.... and (emphasis added)
RCW 9A.16.050 - Homicide — By other person — When justifiable.

Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.
And finally....
RCW 9A.56.065 Theft of motor vehicle.

(1) A person is guilty of theft of a motor vehicle if he or she commits theft of a motor vehicle.

(2) Theft of a motor vehicle is a class B felony.
I'm not sure why the victim was charged, or under what law he could be convicted. :confused5
by RoyGBiv
Thu May 30, 2013 10:37 am
Forum: Other States
Topic: Spokane WA: Manslaughter charge in stolen car shooting
Replies: 24
Views: 4819

Re: Spokane WA: Manslaughter charge in stolen car shooting

RottenApple wrote:
Gerlach is accused of shooting 25-year-old Brendon Kaluza-Graham while he was stealing Gerlach's 1997 Chevrolet Suburban. 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 said he fired when he thought he saw a gun.
I think it's this part that is probably going to do him in. If the same scenario happened in his driveway... Ok. Not much of an issue there. But to chase down (my inference) the thief? Slightly different.

Just my 2¢.
Suggest you re-read PC 9.42. I do not believe your comments are correct for a similar incident in TX.

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