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Self-Defense Claim on Trial in Oklahoma City
May 28th, 2009 by
By: Bob McCarty
Bob McCarty Writes
Jerome Ersland, a 57-year-old Oklahoma City pharmacist, is in court today, facing first-degree murder charges for his role in the May 19 shooting death of 16-year-old Antwun Parker.
The video above shows how things went down: Parker and an accomplice entered Reliable Discount Pharmacy while brandishing handguns and wearing ski masks; Ersland reacted by using his personal sidearm to defend himself and his coworkers.
The prosecutor will, no doubt, argue that Ersland used excessive force to thwart the robbery attempt. I think a jury will find in Ersland’s favor. What do you think the outcome will be?
More details are available via this article at The Oklahoman.
If they take him to trial, that will be a very unpopular prosecution. If they convict him, the public there will lose faith with the local law enforcement.
However, there seems to be a lack of clarity on one part of his actions: the prosecution claims he shot the already-wounded bad guy a further five times as he lay on the ground.
They want to characterize that as premeditation.
I would take issue with this, as Mr. Ersland’s state of mind would be informed by 1) his disabled condition (he wears a back brace from surgeries), and 2) an overload of adrenaline.
In his shoes, I find myself frightened by the initiation of the event, further frightened by my inability to withstand any direct physical encounter, and finally spurred to action by a massive adrenaline dump.
The guy had to be shaking for a good half hour after this happened.
Whether what he did is “over the line” or not, I don’t think a case for “premeditation” is supportable.
~~ AG
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