Posted on 05/28/2011 11:54:51 PM PDT by TigerClaws
OKLAHOMA CITY - An emotional jury decided Thursday that pharmacist Jerome Jay Ersland is guilty of first-degree murder for fatally shooting a masked robber two years ago in an Oklahoma City drugstore.
Jurors recommended life in prison as punishment.
Two co-workers at Reliable Discount Pharmacy told jurors that Ersland was a hero who saved their lives on May 19, 2009.
Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=14&articleid=20110527_222_A15_CUTLIN912500
(Excerpt) Read more at tulsaworld.com ...
If Jevontai was tried as an adult, he could be up for felony murder. By that rule, if you’re helping commit a felony, and anyone is killed in any way during the felony, every person involved in committing the crime can be up for felony murder. In this case, his accomplice was killed by a victim... but it doesn’t matter. Jevontai was part of the criminal act, and someone died. He could be on the hook.
For just breaking into my home, no. I'd even forgive a junkie that was robbing me for his fix.
But if the freak even tried to harm or rape one of my loved ones for thrills, what you described would be too humane. That's a rabid dog that needs killing.
“Do the crime and pay the price.... and that price might be your life.”
Exactly!
Had he put those 5 into kid #1 immediately after shot #1, he'd have an excuse. In the heat of the moment, most people, including many police, empty their weapon once they start firing. That guy took time, left, came back in, went behind the counter... he just wanted to make sure that kid #1 didn't survive long enough to talk to the police, whom the gentleman clearly was calling immediately AFTER he finished off kid #1. Totally unjustified. The conviction is definitely appropriate. I might not have voted for a life sentence, but 20-50 years wouldn't have made me blink as a juror.
EXACTLY, that is why EVERONE INVOLVED, INCLUDING THE DRUGGEST, GOT CONVICTED FOR MURDER.
I am not a phony supporter and resent your comments. I do believe that if you go to rob an establishment you best be prepared to give your life for the crime. I really don’t care about the peripheral issues you seem to be obsessed with.
>> These thugs shouldn’t have been waiving a gun and threatening innocents to begin with.
Well, that is the obvious trigger that caused the problem. Had those two assholes stayed home that evening this man would still be freely filling prescriptions today.
It’s idiotic to accuse a man of murder for responding to a threat on his life. The only premeditation that existed in this case was in the hands of the robbers.
“I am saying that you cannot kill somebody who is incapacitated and you cannot shoot them in the back either.”
It is not a sports event. It is vermin eradication. What you say is legally true since the days of the Warren court. The Warren court was wrong. Healthy societies do not tolerate predators. They are killed or cast out.
Watch the video. What the shopkeeper may have been illegal, but I am glad he took the feral hoodlum out of the gene pool. Somewhere down the line, the shopkeeper saved a life by eradicating the armed robber.
Exactly right! The choice was in the hands of the robbers who chose to go out and commit a crime. The response to their plans by anyone and in anyway should not be litigated. Their choice sealed their own fate.
“At least in Canada, you can only appeal if it can be shown the prosecuting lawyer, judge or jury made an error in procedure in coming to the judgement.”
Typically true in the US. There are a few exceptions.
“you cant appeal based on the idea the sentence was too tough”
Not true. Various post-conviction procedures are available for sentence reduction. Everyone thinks their sentence is excessive. Every once in a while it is true.
Second degree at most or highest level manslaughter
If I recall from memory this is the case where he went back and executed a wounded and incapacitated perp lying on the floor in the pharmacy
In front of soccer mom witnesses or ethnics or someone willing to trash his judgement
I’m sympathetic but ....
You need to watch the video. He responded appropriately at the beginning. He fired and hit kid #1, and kid #2 scattered. That was entirely appropriate. He responded to the threat to his and his coworkers' lives. That does not give him carte blanche do stalk and shoot everyone he dislikes over the next 30-60 seconds. Everything he did after he walked back into the store (and before he called the police) was wrong, THAT is what he is being punished for.
Had he just shot the first one, and left the store to see if the other kid was shot (and needed help), then came back in and called the police, I'd hail him as a hero as well. But I think he left the store hoping to shoot kid #2 outside (apparently no luck there), so he either vented his anger at a helpless person who was down and bleeding, or he just finished off a person because he wanted to see what it felt like, or he didn't want the kid to be able to testify later on... in any event, what he did after the first shot(s) was very, very wrong. He deserved to be punished for THAT part of it. The initial shot(s) were 100% appropriate. He was NOT being punished for those first moments of his response.
I’m just saying, that legally and morally, there is a limit as to what you’re allowed to do.
If you really want to live in the civilization, where blood feuds are allowed and even encouraged, move to Mexico. They take care of people in the exact manner you’re proposing.
However, outside of that, we need to remain civilized about things.
What “peripheral issues “are you talking about?
Is that your description of the phony, “Stolen Valor” convicted murderer as you defend crime and criminals?
They are killed and cast out, systematically. They are not done by an individual’s hands at his own personal motivation.
I was never a soccer mom, but am a Mom. I would feel horrible had this been my son committing this crime, but believe me... I KNOW right from wrong and the young people who committed this crime chose this path.... they were the impetus of this incident... it would not have happened without their decision to perpetrate this crime! The druggist may be over the top, but he is a civilian reacting to a crime. Sorry, I do not agree with any charge against him.
Fair enough. :)
This is a case where criminals, tried to rob another criminal.
This may have been a missed opportunity to practice jury nullification...
http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullification.html
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