Spokane WA: Manslaughter charge in stolen car shooting

[sugar land dave]

The Spokane County Prosecutor said a homeowner involved in a fatal North Spokane shooting will be charged with 1st Degree Manslaughter. The charge also included a deadly weapon enhancement.

http://www.king5.com/news/local/Deadly- ... 91311.html" onclick="window.open(this.href);return false;

[sugar land dave]

Is there no interest in this? Though I would not have made these choices, I think it is curious that Washington State would choose to protect multiple offense criminals over their citizens.

[Taltyman]

I think it's pretty sorry that they are charging him with 2 charges. But personally I would have probably let the bad guy drive off and then let the insurance company deal with it. Once that bullet leaves the gun you will probably spend a lot of money on lawyers even if you are in the right.

[sugar land dave]

[baldeagle]

I would never think of doing that in Washington. Or Oregon. Or California. Or New York. Or New Jersey.

[Jumping Frog]

Thank God for living in Texas.

[RottenApple]

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¢.

[Jumping Frog]

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¢.

It is legal to follow anyone in public. For all we know, he was simply trying to be a good witness until he thought he was being attacked. A variation on the GZ-TM theme.

[philip964]

I would never think of doing that in Washington. Or Oregon. Or California. Or New York. Or New Jersey.

Especially Washington DC

http://www.washingtontimes.com/news/201 ... e-charges/" onclick="window.open(this.href);return false;

[RoyGBiv]

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.

[RoyGBiv]

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.

[sugar land dave]

Washington State is a very liberal state, and it seems that politics sometimes color the interpretation or intent of law.

[Blandtastic]

Spokane is a conservative bastion of eastern Washington that is surrounded by farmlands and small towns like Cheney and Yakima and Wenatchee.

With that said, Washington has no handgun license class. Just go to the courthouse, pay the fee with your fingerprints and get your card in the mail 30 days later. When I lived there I carried. Easy. Maybe too easy.

[philip964]

I am seeing a trend.

Call it the Zimmerman Trend if you like.

Some people in America (I include prosecutors in this ) have a belief that, death or injury by a citizen is not the appropriate punishment for a crime. That the life of a criminal is important. Important enough to save from harm while they are committing their crime.

Stopping a crime is not worth the life or injury of a criminal. A criminal's life is too important.

Citizens have no right to stop a crime in progress, even if it is against them. They must wait for the police and (if they are alive) go through the proper legal channels to seek redress.

These Americans believe that criminals have rights, those rights must be upheld. The rights of an honest citizen is secondary. Criminals have a right to be rehabilitated by society, no matter their crime.

To me, this explains this and other similar incidents that have recently occurred.

Fortunately this is still not the case in Texas, yet.

[sodchemist]

Spokane is a conservative bastion of eastern Washington that is surrounded by farmlands and small towns like Cheney and Yakima and Wenatchee.

With that said, Washington has no handgun license class. Just go to the courthouse, pay the fee with your fingerprints and get your card in the mail 30 days later. When I lived there I carried. Easy. Maybe too easy.

i carried there too. very easy. filled out paperwork, got fingerprinted and wha-la. i have a hunch that the cops don't like his bull story about "i saw him raising his hands...I thought he had a gun." cops like the truth. how about telling it? it would probably be something like this: "the dude stole my car and it ticked me off so I tried shooting at him, hopefully hitting him". that of course is against the law in washington. you can't use deadly force to protect property. might as well not break the law. jail sucks.