To meet “force with force” Parker would have had to in that moment present force, and Ersland could have used equal force, even to the point of deadly force, however, Parker presented no force, no weapon, no resistance that has been presented...actually, the facts tend to lead to believe Parker was incapacitated, unable to present a fight or force whatsoever. You then have to address was Ersland acting “reasonably.” In the quantum of evidense we have seen so far, it doesn’t appear Ersland was acting in a manner that was “reasonable” or even “rational.” Castle Doctrines, which the law you are presenting, even with the “stand your ground” clause, does not allow you to escape criminal prosecution if you continue to use deadly force on a suspect who is posing no imminent threat.
The very sad part to all of this, especially what I hear from numerous posters on varius boards, is this subtle undertow of “if you commit a crime, I can commit homicide, and I’m justifed!” Many are overtly advocating vigilantism as an accepted reasoning to commiting homicide, and that’s anarchy.
I don’t think anyone would argue that Ersland had the right to defend himself initially. Detectives openly attest that Ersland lied to them about the facts in this case. Ersland states that he was shot on his left arm, then changed to left hand, which in every single picture of both his left hand and arm in numerous photos from various sources show no appearent bandage, or scarring or even abrasions if examined. Ersland stated he had bullets whizzing past his right side and could even hear them as they passed...when in truth, the only person who fired shots in the pharmacy was Ersland. It’s a self-justification, after the fact, to justify his homicide. Very little consistancy has emerged from Ersland’s testimony about this case.
In the end, I feel he simply made bad choices, and now has to make excuses to keep from being convicted. Everyone wants to ralley around someone defending himself against attack, and I applaud his intial response, however I do not stand behind him in firing on an incapacitated suspect. This isn’t Gunslinger, OK., where ordinary citizens can be law enforcement officers, judges, juries and executioners simultaneously. This entire matter certainly proves that not every person who legally owns a deadly weapon should actually possess one.
actually, the facts tend to lead to believe Parker was incapacitated, unable to present a fight or force whatsoever.
According to Dr. Ersland, the only witness, the perp was moving on the floor in a manner Ersland believed to be threatening -- the kid could have been going for an as yet unseen gun.
Detectives openly attest that Ersland lied to them about the facts in this case.
This is the first I've heard on this. Can you provide a link?
when in truth, the only person who fired shots in the pharmacy was Ersland.
As I understand, this is in dispute. Regardless, there's no reason Dr. Ersland should have to wait for an armed gunman or an accomplice to shoot before he can fire. One of the would-be robbers pulled a gun, Dr. Ersland has every right to defend himself against a present and very real threat.
firing on an incapacitated suspect
Again, the only witness says the perp on the ground was moving.
This IS Oklahoma where we have the right to be secure in our homes, vehicles and places of business, and if that safety is threatened by an armed thug, we can defend ourselves. That includes firing at someone who is down but is still a threat. Period.
This entire matter certainly proves that not every person who legally owns a deadly weapon should actually possess one.
Nice try. It proves nothing of the sort. It proves that armed criminals should fear for their lives when attempting an illegal act. That's a good thing.