SPOKANE, Wash. - KHQ has confirmed that Spokane Police Major Crimes detectives made no charging recommendations for a fatal shooting that happened in March. Their report was submitted to the Spokane County Prosecutors on May 13th.
Spokane County Prosecutor, Steve Tucker, says he's halfway through the report and that, "police usually do make a recommendation, but in this case they did not." "Every once in a while they'll send us a case where they're on the fence as to what charges, or whether they should be filed, then they leave it to us."
Gail Gerlach could still be charged with second degree murder but that's up to the Prosecutor. Prosecutors could also charge Gerlach with a lesser charge or no charge at all.
Gerlach shot 25-year-old Brendon Kaluza-Graham in March of this year as Kaluza-Graham was driving away in Gerlach's SUV. Gerlach says Kaluza-Graham was stealing the vehicle and he thought he saw the suspected car thief with gun.
The Prosecutor's Office is in the process of reviewing the report that Spokane Police gave them and a decision could come at any time.