Posted on 11/05/2009 9:13:45 AM PST by ConservativeStatement
The pharmacist who fatally shot a robber was ordered Wednesday to face a murder trial.
Oklahoma County Special Judge Greg Ryan agreed prosecutors had sufficient evidence against pharmacist Jerome Jay Ersland for trial.
Ersland, 58, of Chickasha, is charged with first-degree murder. He gulped as the judge ruled. He once had expected to be cleared at his preliminary hearing, writing the Oklahoma State Bureau of Investigation in July that "justice will prevail shortly.”
(Excerpt) Read more at newsok.com ...
What is that wierd apparatus Ersland always wears?
It’s best to stay away from prosecutors.
Let us all hope he is acquitted!
I hope his defense team puts a speedy end to this trial.
This will be an interesting case. There are facts that are damaging to the defendant. The DA has to do the political thing by taking this to trial and letting a jury decide his fate. The defendant’s attorney is a rather cagey, experienced criminal defense attorney. I find it curious that the DA charged him with first degree murder and not manslaughter. It is my opinion that the jury will acquit on the 1st Degree charge.
Did the DA overcharge on purpose? Who knows?
1st Degree murder charges are absurd. He was literally minding his own business when multiple armed thugs burst in and threatened his life. That gets one’s ginger up and ya don’t stay hyped up for just five seconds.
The thug was responsible for his own collection of bullet wounds.
This is so sad. People cannot even defend themselves anymore.
Watch how this impacts millions of Americans. I think you may see a serious personal drawback from social interactions with anyone, except for very close friends and family. Basically, the new attitude with we, SCREW YOU if you are not in my immediate family or friends circle, period! Sad,Sad,Sad!
That makes sense and I hope you are right.
I kinda understand the “overkill” issue
BUT if the man had been high on any kind of drugs even 6 shots might not have been enough to stop him
It is reasonable for the pharmacist to think the crook to be high on drugs and looking for more
I suppose there’s a segment of the criminal “justice” system that would rather the headline have read “PHARMACIST AND TWO FEMALE ASSISTANTS GUNNED DOWN IN PHARMACY HOLDUP.” Then the story would go on to talk about the spouses and kids they left behind and what a tragedy it all is. Never mind the innocent customers that may have been standing around. When evildoers are lauded, defended, and mainstreamed right back into society while innocent citizens are dragged to court, then we’ve come so far that I wonder if there is a way back. I hope OK jurors send a message.
He claims it is for his war injuries, he also wore a bandage on his arm for awhile to cover the bullet wound from the "shootout", he took it off when it came out that he wasn't shot because no one ever shot at him.
"The detective testified Ersland also said he had been injured in combat, that his vertebra had been blasted. The detective said a review of Ersland’s military records show his claims about combat are not true. Records reviewed by The Oklahoman show Ersland spent the war in 1991 as the pharmacy chief at the military hospital at Altus Air Force Base in southwestern Oklahoma."
However one must keep in mind that just seconds before this thug tried to kill him. The pharmacist was then in a fight or flight situation. Once that point is reached (and it was reached when the thugs tried to kill him) a person will then try and kill his attackers. The pharmacist probably did not know his attacker was not capable of being a threat at the time he killed him. The only thing going through his mind was kill the enemy that is trying to kill me.
If I were on the jury, hell would freeze over before I would convict this man.
"Police detective David Jacobson said Ersland has given inconsistent statements to police and to news reporters about the shooting. The detective said Ersland told police he shot Parker five more times before chasing the other robber outside because Parker "wouldn’t go down.”
"The recordings also show the pharmacist chased the first robber out of the store after Parker was hit in the head. The pharmacist fired the fatal shots into Parker after returning to the store and getting a second gun."
"Much of the testimony Wednesday focused on whether Parker was moving when he was shot the last five times. Prosecutors put into evidence crime-scene photos that showed fallen merchandise was on top of Parker’s right arm and against his body and a blood pool beneath his head was undisturbed.
The state’s chief medical examiner, a renowned expert on blood spatter and a police detective testified that and other physical evidence proves he could not have been moving.
The medical examiner, Dr. Collie Trant, testified the five shots to the chest and abdomen were in a tight cluster. The pathologist testified those wounds would have been farther apart if Parker had been conscious because the victim would have moved after the first shot to the torso.
Tom Bevel, the blood spatter expert, testified blood drips would have been on the floor or Parker’s shirt if Parker had tried to get up after the head wound.
The security camera recordings do not show Parker after he is hit in the head. They do show Ersland standing over where Parker fell, firing the final shots."
Since the perp is off camera after he fell down and there is no sound in the video, it’s difficult to ascertain why the perp demanded a second look.
Perhaps the libs would be happier if this were to be described as a late term abortion.
If you watch the video it wasn’t seconds and Ersland seemed totally unconcerned with the unconscious 16 year old until he returned to the store, fetched his second gun and walked over to execute him.
This video covers the DA’s case and position and at 2:42 it also shows the best quality version of the stores video capture of what happened.
I agree 1st degree murder is completely absurd. He should probably be on the hook for manslaughter though. He shot the “victim” and then chased the other thug out of the store. Then he went back into the store. He walked past the wounded man, (who prosecutors believe was unconcious,) went behind the counter, got a second gun, and came back to finish the first thug off. He then told the police he did all the shooting before leaving the store. Video camera shows that isn’t true. He then told the police that he suffers from PTSD from killing people in the first Gulf War, and that he was wounded in combat. This also isn’t true. He has never been diagnosed with PTSD, and the Air Force said he was a pharmicist at Altus AFB during the first Gulf War and was not in-theater.
If I’m the judge he serves no time. He pays some restitution to the “victim’s” family, (for the cost of burial,) issues an apology, and goes on probation for a few years.
His attempt to fake combat stress and WIA status should be looked at under the Stolen Valor law.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.