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Thread: Gerlach Verdict - Not Guilty - Spokane

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    Campaign Veteran slapmonkay's Avatar
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    Gerlach Verdict - Not Guilty - Spokane

    http://www.krem.com/news/Jury-select...253408541.html

    SPOKANE, Wash-- The jury handed down a ‘not guilty’ verdict Thursday to the Spokane man who shot and killed another man he believed was breaking into his car.

    The defendant, Gail Gerlach, was charged with manslaughter for the shooting death of 25-year-old Brenden Kaluza-Graham in March of 2013.

    Jury deliberations began Thursday morning. Jurors reached a consensus at about 2:00 p.m.
    Gerlach appeared calm as his wife wiped away tears in the courtroom. Kaluza-Graham’s family, who was also in
    the courtroom, looked stunned.

    The prosecutor said Gerlach killed Kaluza-Graham under, “very suspicious circumstances”.

    The trial against Gail Gerlach lasted eight days.

    Although Gerlach was found not guilty for manslaughter, jurors met to decide whether his use of force was justified.

    If the jury were to find Gerlach acted in self-defense, the state would be obligated to pay the defendant’s defense expenses.
    I Am Not A Lawyer, verify all facts presented independently.

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    Campaign Veteran slapmonkay's Avatar
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    Update - Further

    Jury says Gerlach was justified in his use of force. Gail Gerlach will get reimbursed for his expenses in defending himself in court by the State of Washington.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

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    I am pleased to see the reasonable man standard raised.
    I am responsible for my writing, not your understanding of it.

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    Regular Member sudden valley gunner's Avatar
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    All rights are property rights.....

    Maybe jury's are starting to think on their own again.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by Nightmare View Post
    I am pleased to see the reasonable man standard raised.
    As am I.

    Quote Originally Posted by sudden valley gunner View Post
    All rights are property rights.....

    Maybe jury's are starting to think on their own again.
    This is Truth.

    This...I hope is Truth.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Regular Member Freedom1Man's Avatar
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    I believe that the jury gave the proper verdict.

    I don't believe that he should have even be charged in the first place though.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    I believe that the jury gave the proper verdict.

    I don't believe that he should have even be charged in the first place though.
    And if juries start flexing their rights, prosecutors will be less likely to be gungho about charging for things they know they'll loose.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Quote Originally Posted by sudden valley gunner View Post
    And if juries start flexing their rights, prosecutors will be less likely to be gungho about charging for things they know they'll loose.
    The gov't tries to intimidate juries ... nice to see one use common sense.

    Unfortunate that people died but they knew the risks...

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    At the very end of the video, the grandparents said the perp was trying to change his life around. That often seems to be a fatal condition.

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    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by boatswain View Post
    At the very end of the video, the grandparents said the perp was trying to change his life around. That often seems to be a fatal condition.
    Well his life did change... That was one hell of a way to do it.

    People like that old guy, in my opinion, are idiots and deserve what ever break-ins and thefts they suffer, because the BG might be trying to change their life around.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  11. #11
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by boatswain View Post
    At the very end of the video, the grandparents said the perp was trying to change his life around. That often seems to be a fatal condition.

    Of course, every murderer, rapist, thief are just one murder one rape one theft away from change.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Quote Originally Posted by boatswain View Post
    At the very end of the video, the grandparents said the perp was trying to change his life around. That often seems to be a fatal condition.
    The thief had thousands and thousands of chances to turn his life around he flat refused to do it every time.
    Throw me to the wolves and I will come back leading the pack.

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    Regular Member 509rifas's Avatar
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    I'd be interested to know what the circumstances surrounding the shooting were. Was it some ock next to his car smoking a cigarette or some guy with a crowbar? All I got was that he thought the guy was breaking into his car...
    LIVE FREE OR DIE TRYING

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    Quote Originally Posted by 509rifas View Post
    I'd be interested to know what the circumstances surrounding the shooting were. Was it some ock next to his car smoking a cigarette or some guy with a crowbar? All I got was that he thought the guy was breaking into his car...

    http://abcnews.go.com/US/man-trial-s...ry?id=23187445


    Quote Originally Posted by Article
    The shooting happened on March 25, 2013. Gail Gerlach, 56, walked outside his Spokane home to see Brendon Kaluza-Graham driving off in his SUV, so he fired a single shot from his 9mm semiautomatic from about 60 feet away.
    Looks like the vehicle was pretty clearly in the process of being stolen..

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    Regular Member Lonster's Avatar
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    Dead guy was driving away with the stolen Suburban when owner put one thru the rear glass. And perp's head. Probably a lucky shot. I said from the beginning, "charge him for leaving a running vehicle unsecured and cut him loose". A Hole Prosecuting Attorney decided to push it. Bleeding hearts cried "Is a vehicle worth a life". Well it isn't worth mine. So that's why I don't steal. Spokane is bad for Car Theft. While I probably wouldn't have taken the shot. I'm glad Gail can now get on with his life. If more thieves would think "Is this worth my life?". Maybe we wouldn't have these problems.

  16. #16
    Regular Member sudden valley gunner's Avatar
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    Why should he be charged for leaving a running vehicle?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Quote Originally Posted by sudden valley gunner View Post
    Why should he be charged for leaving a running vehicle?
    LOL It's entrapment by a private citizen, verging on vigilantism lynching.
    I am responsible for my writing, not your understanding of it.

  18. #18
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Nightmare View Post
    LOL It's entrapment by a private citizen, verging on vigilantism lynching.
    They made it an infraction in Tacoma, to warm up your car on a cold winter (unattended) the real reason was because of car thefts, which is utterly ridiculous to blame or curtail the actions of the victims because of crooks. So they then made it an "environmental" law, its bad for the environment to warm up your car unattended, yet perfectly fine attended.


    P.S. "Cold winter" is my addition to make a point.
    Last edited by sudden valley gunner; 04-17-2014 at 10:17 AM.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  19. #19
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    I remember from while I was at Advanced Reactor Technology school at PSNS ('90 - '91), the radio PSA's warning against starting wood burners on cold mornings and the cautions against ever allowing a smoky fire. At the same time a trash-burner power plant was being built in the south sound.
    I am responsible for my writing, not your understanding of it.

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    Regular Member Lonster's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    Why should he be charged for leaving a running vehicle?
    It's an infraction in Spokane to leave a running vehicle unattended. I think it's a dumb law.

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    Quote Originally Posted by Lonster View Post
    It's an infraction in Spokane to leave a running vehicle unattended. I think it's a dumb law.
    It is only an infraction on a public street, Gerlach's car was in his driveway, no law was broken by Gerlach.
    Throw me to the wolves and I will come back leading the pack.

  22. #22
    Regular Member sudden valley gunner's Avatar
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    If it's a dumb law then no one should be charged for breaking it.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  23. #23
    Regular Member Lonster's Avatar
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    Quote Originally Posted by Jeff Hayes View Post
    It is only an infraction on a public street, Gerlach's car was in his driveway, no law was broken by Gerlach.
    SPD needs a lesson on that then. Had an argument with a city cop that told me I couldn't leave my truck running in my own driveway if my gate was open.

  24. #24
    Regular Member hhofent's Avatar
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    Quote Originally Posted by NavyLCDR View Post
    You need to keep your gate closed then... mostly to keep the cops out :-)
    LOL! +1

    Sent from my SCH-R680 using Tapatalk 2

  25. #25
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by NavyLCDR View Post
    You need to keep your gate closed then... mostly to keep the cops out :-)
    +2
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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