Oklahoma pharmacist Jerome Ersland sentenced to life in prison

[thump_rrr]

http://www.msnbc.msn.com/id/43710936/ns/us_news-crime_and_courts/

As most of us here expected he went beyond defending himself when he shot the suspect 5 more times while lying unconscious.

 

[redstategunnut]

From the video, it appears he executed a defenseless man who no longer posed a threat. The sentence is just.

 

[ConlawBloganon]

I don't know for the life of me how that got called 1st degree murder. Seems extremely harsh. If someone runs up on you with a gun, you kill them, period. Obviously Ersland messed up, over reacted, and did a bit of round-dumping, but first degree murder that is not.

 

[9-ball]

He first shot the unarmed assailant, letting the armed one get away, then proceeded to stroll around the shop (thus making clear he himself didn't consider the downed assailant to be dangerous) before executing him.

This isn't someone making a mistake under high stress. IMHO this puts a shame on every responsible gun owner.

 

[Catfishman]

He first shot the unarmed assailant, letting the armed one get away, then proceeded to stroll around the shop (thus making clear he himself didn't consider the downed assailant to be dangerous) before executing him.

I'm willing to bet he didn't choose to ignore the guy with gun and shoot the one without one. The first part of the shooting was completely legal and appropriate.

The second part was wrong and illegal. But, no, it was not 1st degree murder.

 

[TylerD45ACP]

Yea thats true 9-ball. It seems on the video he had been waiting for this day to come. He shot the 1st in the head the other guy runs and he walks over to the next one shooting him 5 more times. He probably just shot for the 1st available target which was the unarmed kid. I wouldnt call it 1st degree murder because he didnt cause the situation. He just happened to end it. However, he was totally wrong in firing followup shots into the person on the ground who was no longer a threat. I would of called 911 while holding my pistol on him.

 

[Wildalaska]

But, no, it was not 1st degree murder.

Not according to the evidence adduced before the jury and evaluated by them.

This conviction as well as the Anthony verdict affirm my beleif in the jury system, as flawed as it may be.

WildilovetosinggodblessamericaalldresseduplikekatesmithAlaska ™©2002-2011

 

[Eghad]

When the person attacking you is stopped by your force or cease and desists what he is doing and flees you have to stop by law.

not that hard a concept to understand.

Mr. Ersland decided to find out the hard way.

 

[TylerD45ACP]

I dont get why he did that though... he just popped him 5 more times when the guy is clearly dropped. Get on the phone call 911 and keep your firearm trained on him.

 

[Rich Miranda]

First degree murder is "willfull and premeditated."

As to willful.... five shots at point blank range into an unconscious guy.... sounds kinds willful to me.

As for premeditated, he knew the kid was down and went back - later.

I know he probably wasn't thinking straight, and the adrenaline was probably coursing through him, but he did what he did.

There is a lesson here.

 

[WW2]

Under Oklahoma law...

Because the deceased is a minor, it is automatically 1st degree murder, whereas had the deceased been an adult he may have gotten away with manslaughter.

 

[Kodyo]

I think this is ridiculous simply based on the fact that the would-be robbers initiated the conflict. Obviously, he should not have gone back to finish off the perp, but life in prison is a bit much.

 

[thump_rrr]

Obviously, he should not have gone back to finish off the perp, but life in prison is a bit much.

The same way that putting 5 rounds into a kid motionless on the ground "is a bit much".

 

[GoOfY-FoOt]

motionless

I have looked at this video several times and it keeps freezing up part way through. When I watched it the first time I heard about the story, I don't recall the camera having an angle showing the would-be robber.

Is he in fact, immobilized? Or was it just testimony to that effect?

 

[Sigasaurus Rex]

This case is a perfect example of what will happen to any one of us who fires our weapon out of anger instead of a true desire to defend ourselves. Am I weeping over the life of an armed robber? Certainly not, because he made a decision and must face the consequences. However, Mr. Ersland made a decision as well and now must live with it.

 

[DeepEastKilla]

I have to agree that he shouldn't have shot him 5 more times, BUT. You just got held at gun point and the adrenaline is pumping pretty good, coupled with fear and every other emotion going through him i don't think anyone would be thinking 100% clear. As far as I'm concerned they waived any of their rights when they decided to go and steal from someone who had worked hard for what he had. What he did wasn't right but he absolutely shouldn't spend the rest of his life in prison.


All that being said, hind-sight is 20/20 and none of us were in his shoes at the time it happened.

 

[Wildalaska]

Am I weeping over the life of an armed robber? Certainly not, because he made a decision and must face the consequences.

Nunc Lento Sonitu Dic*nt, Morieris

WildgoogleitAlaska ™©2002-2011

PS put the U in there to google it as unfortuately the family censor software precludes certain letter combos found a lot in latin

 

[Double Naught Spy]

Is he in fact, immobilized? Or was it just testimony to that effect?

The coroner testified that the bullet fragment in the brain had rendered the robber dormant, likely to survive, but with issues.

As for first degree murder, Ersland had to go over to the drawer of his desk and unlock it in order to retrieve the KelTec that he used to kill the robber.

It wasn't as if he felt he was in danger, fumbling to get the KT out of the drawer, then firing from a position of cover. Nope, he just walked right over and shot him multiple times and walked away as casually.

Of course, then there was all the bragging about how he had been shot in the robbery (no evidence the robbers ever fired), that he was a war hero (which he wasn't), and so on. Heck, his testimony of how the events went down didn't even come close to matching the video.

 

[MLeake]

DNS beat me to it; the act of getting the second gun out of the drawer, and the time lapse involved between the initial incident and the shooting with the second gun, are all that would be needed to establish premeditation in most states.

WW2, that's an interesting theory, about the victim's age making it 1st degree murder, but I have to call shenanigans. Please cite ANY law that says the victim's age is what determines the existence of premeditation.

You can probably find plenty of laws that would make the shooting of a minor an aggravating circumstance, which would come into play in the penalty phase, but I'll be amazed if you can find any law that says what you claim.

 

[Davey]

This story really brings me down.

I watched the video a couple dozen times and it's clear he knew exactly what he was going to do the moment he walked back into the store. He switches the gun to his other hand, reaches into his pocket, pulls out keys, and then unlocks the drawer.

The man messed up and deserves what's coming.