Posted on 06/19/2009 6:22:47 PM PDT by Red in Blue PA
A judge ruled Thursday for a second time that prosecutors can get the military records of a pharmacist charged with first-degree murder.
Attorneys for Jerome Jay Ersland have until Wednesday to appeal.
Oklahoma County District Judge Tammy Bass-LeSure ruled June 10 and again Thursday that prosecutors can subpoena Ersland’s military records.
Ersland served in the Army and Air Force.
Ersland, 57, of Chickasha is accused of going too far when he fatally shot a robber May 19 at Reliable Discount Pharmacy in Oklahoma City. Killed was Antwun "Speedy” Parker, 16.
(Excerpt) Read more at newsok.com ...
Yes, the robber was on the ground. He may or may not have been dead. The pharmacist/robbery victim obviously felt the robber remained a threat. He was in fear for his life. He should not be prosecuted: he did not get up that morning and plan to shoot someone. Trouble came looking for him. In firefights, adrenalin takes over, things happen very quickly and second guessers have days and hours to ponder over what the shooter has to do in seconds. Innocent!
There is no video of the perp on the floor, and Esland did say he saw the perp moving and feared for his life.
Best of all, Esland is the only witness to what actually happened. The video is consistent with his statement, although it could also support other versions.
There is no evidence at all that he "stopped the threat".
The coroner says the perp was still alive when he was shot the additional times. This is entirely consistent with Esland seeing him move on the floor.
You left out the part where he switched guns. The man went one gun to far.
He did...
He shot the man, good shooting, he then went out side, he came back in, went to the counter put up his empty gun came back and shot the robber four are five more times. The jury just may think that was premeditated.
Don’t you guys know all us veterans are right wing extremist.
As a woman, I can tell you that if you strike out against your assailant it is better to make sure he/she doesn’t get up again. Because if they do get up and come at you, they will kill you.
Make sure that your assailant never gets up again. The police want to charge me with murder, fine. I believe no rational jury will find a clear cut case of self defense guilty of murder.
Tapes don’t really matter compared to bullet injuries. If half his brain was scrambled in a standing up shot, with four more shots down on the ground, it’s pretty obvious he wasn’t a threat. While people are spoiled by seeing video, in the vast majority of cases, there isn’t any, so different means have to be used.
But this doesn’t mean those different means aren’t conclusive.
Oof. That’s pretty conclusive. However, the question remains what was the first shot? If it was the head shot, and an obvious kill, it just amounts to mutilating a corpse. But if he was still clutching his gun and moaning, maybe even still trying to aim and shoot, big difference.
Still, four ground shots is pretty hard to prove was essential “To prevent...”
You are 100% right. Take it from an ex-cop.
Uh, if I were on the jury, I might well be convinced he broke the law. Intellectually, that is. Law or no law, I would vote to hang the jury, then call a news conference to gloat about having wasted the taxpayers' money and poison the jury pool for the retrial.
Thank you. I learned that from a Los Angeles County Sheriff.
I think it has been reported that the first shot was the head shot.
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