Terminus009
New member
I'm with TylerD45ACP on this: call 911 from cover, gun trained on the suspect, wait for the cavalry and EMTs to arrive. This is a very sad and disturbing case. Very sad.
The "law" obviously does disagree with me, or rather me with it. In this particular instance anyway. This is America man, we're allowed to say what we think. Some folks think that's pretty important. It may get a few people to reason thru their beliefs. That's why the first amendment comes before the second
Anyone know what reason the pharmacist gave for shooting the robber on the ground?
I believe Ersland's actions have harmed all law-abiding gun owners by presenting for the public viewing a gun owner that turned defense into attack. I believe that the jury knows better than we do exactly what degree of murder this case fits into. I also believe that Ersland has at least some chance on appeal.
The jury took 3 1/2 hours to reach a verdict and recommend a sentence of life in prison... so they didn't need a lot of convincing.
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.
So the two armed youn MEN came into his store and threaten him with his life and instead of pacifically giving in to it like the media suggests we all do, he stood up for himself.
Self defense is an affirmative defense.
Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 24
Section 701.7 - Murder in the First Degree
Cite as: O.S. §, __ __
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A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances, or trafficking in illegal drugs.
C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child. [Emphasis added]
D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.
E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer or correctional officer while the officer is in the performance of official duties.