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Pharmacist accused of muder can't keep gun
GuvamintCheese
Member Posts: 38,932
http://www.foxnews.com/story/0,2933,522819,00.html?test=latestnews
OKLAHOMA CITY - A pharmacist accused of pumping six bullets into a teenager during a robbery attempt was released on bail Thursday in a case that is stoking debate about self-defense rights.
Jerome Ersland, 57, was released from Oklahoma County Jail on $100,000 bond. A condition of his release is that he have no access to guns.
His release was greeted with cheers and howls in the courtroom Thursday as supporters - and the district attorney prosecuting him - argued that he is at risk of being robbed again when he returns to work at the pharmacy, KOKH 25 reported. Ersland can leave his home to go to work but must wear an electronic monitoring device.
He faces a first-degree murder charge in the May 19 shooting of Antwun Parker, 16, and could face a possible death penalty if convicted.
Ersland shot Parker once in the head inside the pharmacy, prosecutors said. A security camera videotape shows that he chased another teen outside, but then returned and shot the unconscious Parker five times in the abdomen.
An autopsy determined Parker was alive after being shot in the head and died from the abdominal wounds.
The slain teen was unarmed, prosecutors said.
A 14-year-old boy, whose name was not released, was arrested Thursday for his alleged involvement in the robbery attempt.
Ersland's attorney, Irven Box, said the pharmacist acted out of a sense of self preservation during a life-threatening crime. No jury will convict him, he said.
District Attorney David Prater said Ersland was justified in shooting Parker once. But Ersland went too far when he shot Parker five more times while he lay unconscious on the floor, he said.
Defense attorneys said the case will test the limits of self-defense laws adopted in Oklahoma and other states that have expanded a person's right to use deadly force when attacked in their homes, cars and businesses.
"The force has to be reasonable if you feel that you are about to be the victim of great * harm or injury," said attorney Jay Clark of Cincinnati, a member of the board of directors of the National Association of Criminal Defense Lawyers.
Attorney Richard Jaffe, of Birmingham, Ala., also an NACDL board member, said Ersland's defense will require exploration of his state of mind at the time of the robbery attempt.
"You're really almost in a mental field of combat," Jaffe said. "We don't know how many times the pharmacist felt threatened or whether there had been previous violent attempts against him."
State Rep. Randy Terrill, a hard-on-crime advocate in Oklahoma's legislature, criticized the district attorney.
"This charge is absolutely wrong, wrong, wrong," he said. "It is Monday morning quarterbacking at its worst. It gives more deference to armed robbers than to the man acting in self defense."
OKLAHOMA CITY - A pharmacist accused of pumping six bullets into a teenager during a robbery attempt was released on bail Thursday in a case that is stoking debate about self-defense rights.
Jerome Ersland, 57, was released from Oklahoma County Jail on $100,000 bond. A condition of his release is that he have no access to guns.
His release was greeted with cheers and howls in the courtroom Thursday as supporters - and the district attorney prosecuting him - argued that he is at risk of being robbed again when he returns to work at the pharmacy, KOKH 25 reported. Ersland can leave his home to go to work but must wear an electronic monitoring device.
He faces a first-degree murder charge in the May 19 shooting of Antwun Parker, 16, and could face a possible death penalty if convicted.
Ersland shot Parker once in the head inside the pharmacy, prosecutors said. A security camera videotape shows that he chased another teen outside, but then returned and shot the unconscious Parker five times in the abdomen.
An autopsy determined Parker was alive after being shot in the head and died from the abdominal wounds.
The slain teen was unarmed, prosecutors said.
A 14-year-old boy, whose name was not released, was arrested Thursday for his alleged involvement in the robbery attempt.
Ersland's attorney, Irven Box, said the pharmacist acted out of a sense of self preservation during a life-threatening crime. No jury will convict him, he said.
District Attorney David Prater said Ersland was justified in shooting Parker once. But Ersland went too far when he shot Parker five more times while he lay unconscious on the floor, he said.
Defense attorneys said the case will test the limits of self-defense laws adopted in Oklahoma and other states that have expanded a person's right to use deadly force when attacked in their homes, cars and businesses.
"The force has to be reasonable if you feel that you are about to be the victim of great * harm or injury," said attorney Jay Clark of Cincinnati, a member of the board of directors of the National Association of Criminal Defense Lawyers.
Attorney Richard Jaffe, of Birmingham, Ala., also an NACDL board member, said Ersland's defense will require exploration of his state of mind at the time of the robbery attempt.
"You're really almost in a mental field of combat," Jaffe said. "We don't know how many times the pharmacist felt threatened or whether there had been previous violent attempts against him."
State Rep. Randy Terrill, a hard-on-crime advocate in Oklahoma's legislature, criticized the district attorney.
"This charge is absolutely wrong, wrong, wrong," he said. "It is Monday morning quarterbacking at its worst. It gives more deference to armed robbers than to the man acting in self defense."
Comments
I've heard countless TV/Radio reports that he shot the perp 6 times. And that the DA considers it overkill. And most reports indicate that the druggist has overwhelming support of the public.
But this is the 1st I've heard that 5 of the 6 rounds were into an unconscious perp.
At 1st I was inclined to lend my support to the druggist as well.
The basic rules of defensive shooting are to never point a gun at anything you don't intend to kill. And that they won't be any more dead w/multiple ventilations than one.
In fact, back in the old Police/FBI .38SPL revolver days, it was POLICY to "take 5 and dive". (IE: Shoot multiple times).
But if the Coop de grace on an unconscious perp story is proven true, IMO he DID go too far and quite possibly deserves a murder charge.
"I dont remember anything" would be my defense. [:o)]
I doubt his fate is sealed. I think a good lawyer will get him off completely.
I'm a bit surprised that no one has asked about the caliber and model of the gun used.
By Associated Press
2:43 PM CDT, May 27, 2009
OKLAHOMA CITY (AP) - An Oklahoma City pharmacist who shot and killed a 16-year-old would-be robber has been charged with first-degree murder.
Oklahoma County District Attorney David Prater said Wednesday that 57-year-old Jerome Ersland was justified in shooting Antwun Parker once in the head on May 19. But Prater says Ersland went too far when he shot Parker five more times in the abdomen while Parker lay unconscious on the floor.
Ersland's attorney - Irven Box - says Ersland was protecting himself and two women inside the pharmacy.
Prater showed a security video in which two men burst into the pharmacy and one being shot. Ersland is seen chasing the second man outside before returning, walking past Parker to get a second gun then going back to Parker and opening fire.
From what I've read, he used a .38 on the kid, got him with a headshot, then retrieved a Taurus Judge that he used to finish off the kid on the floor. A .45LC, five times to the gut, is overkill. A 2nd one to the head would have ended any question of the kid posing additional risk.
If he was attempting to get up, I'd probably have plugged him again too.
That's the breaks when you commit violent crimes.
Unless they have some surveillance video, or another witness, that we have not seen then the only one who knows if that kid was unconscious or not was the shooter.
video was on yahoo the other day, he shot the kid once, then came back a couple minutes later after chasing the second suspect and loaded more rounds into him, only excuse I could see resonable would be he was reaching for another weapon.
Yea, he might have pumped out too many rounds but I still say a good attorney can proove either he was in shock or post traumatic when he went "off".
"I dont remember anything" would be my defense. [:o)]
agreed panic
Like I said, there only one person left alive that really knows.