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Druggist's lawyer sour at leak of report on youth

5K views 53 replies 32 participants last post by  Queensidecas 
#1 ·
OKLAHOMA CITY (AP) -- A lawyer for an Oklahoma City pharmacist charged with murder in the death of a teenage would-be robber says he isn't pleased that a psychologist's report has been leaked. Lawyer Irven Box says the report portrays the dead youth's companion in the robbery attempt as a victim instead of a criminal.

Box is the lawyer for pharmacist Jerome Ersland, who faces a first-degree murder charge accusing him of using excessive force when he fatally shot 16-year-old Antwun "Speedy" Parker on May 19. The 58-year-old pharmacist contends he acted in self-defense when he shot at Parker six times.

The Oklahoman newspaper published an article Sunday saying that 15-year-old Jevontai Ingram has a low IQ and told a psychologist he was feeling lost before the crime that left his accomplice dead.

District Attorney David Prater said he didn't know who leaked the report, or why. But he said it wouldn't change his strategy for the case.
 
#2 ·
The first shot was justified the others were not.The suspect was no longer a threat and the pharmacist pretty much executed him. The pharmacist should be charged in my opinion. He went over board and should be accountable for his bad decision.
 
#4 ·
NewsOK


When the pharmacist comes back into the store a minute later and retrieves another gun from a drawer behind the counter and then shoots the guy five more times while he is on the ground.
 
#7 · (Edited)
Evidenced by the video that the Pharmacist went out and then came back in both times with his back turned to the guy on the floor shows me that the dude was no longer a danger and then proceeds to the back again, retrieves or reloads another gun, then comes back out and walks right up to the gun lying on the floor without hesitation shows me all I need to be shown and obviously shows the prosecutors all they needed to see also, a execution took place.

A dang stupid move to a good shoot, he defended himself and then just took it to far.

As far as the other remarks, that he's lonely without his friend, he's lucky he didn't join his friend and what kind of crap is that anyways. A bunch of horsecrap.
 
#8 ·
It has been said on this forum many times that you fight as you train.

Maybe the Pharmacists had told himself that if anyone tries to rob the store or himself he would just kill them.

Question: Were the employee in the store his family members?

If someone pointed a gun in my wife or daughter's face it ups the whole event in my eyes.
 
#12 ·
That dont look good for him, the guy was clearly not a threat, if he was why approach to what looked like a point blank range?

That was an execution plain and simple, can understand the guy being enraged, and the death probably being no big loss to society....but there are rules, and our continued freedoms depend on those rules being followed ESPECIALLY when being filmed.
 
#15 ·
A few links for the curious:

Here's the initial news report: NewsOK ("Man Has No Regrets Defending Pharmacy") Pay attention to what he says in that interview, and then watch the videos below with his words in mind. (This is what he said before he was charged.)

Here's the raw surveillance camera footage: NewsOK

Here's the affadavit of probable cause: http://s3.amazonaws.com/content.newsok.com/documents/pharmdoc0001.pdf

Here's a short, edited version of an interview with the prosecuting DA, which includes a few statements from Ersland's defense attorney: NewsOK

Here's the extended interview with the DA, uncut. It is hard to hear in spots, and it is WELL worth the 20 minutes it takes to view: Video Page 2009 - News9.com - Oklahoma City, OK - News, Weather, Video and Sports |

And here's an article about this DA's view of the 2nd Amendment: NewsOK (The money quote: "I do not want the charging of Jerome Ersland with first-degree murder to have a chilling effect on any person legitimately in a position to defend themselves from an assailant,” ... the decision should not cause anyone to hesitate to use appropriate force if faced by the "imminent threat of serious injury or death from another person.”)

Interestingly, at the bail hearing, the DA (prosecutor) strongly objected to the judge's order forbidding the defendant to own firearms until after the case was resolved. See NewsOK for that whole story.

This link reports on the O'Reilly interview which happened after Erslund was charged with murder.

There's also a good page here with ongoing local coverage of the situation.

There's a link to the best in-depth analysis article I've yet seen: here.

http://s3.amazonaws.com/content.newsok.com/documents/y22pharmshootautopsy0001.pdf (Antwun Parker's autopsy report which shows that he was flat on his back and not moving at the time the fatal shots were fired)

http://s3.amazonaws.com/content.newsok.com/documents/y31pharmletter0001.pdf (Jerome Ersland's letter to the OSBI protesting the revocation of his carry permit)

http://s3.amazonaws.com/content.newsok.com/documents/y31erslandinterview.doc (report from interviewing detective immediately after the shooting)

NewsOK (August 2 news story outlining the different accounts Ersland has given since the shooting)

pax
 
#16 ·
The moment the BG ran from the store leaving the other one on the ground the Pharmacists should have been on the phone with the police. Not chasing the second BG out of the parking lot.
As for the additional shots, it was clear that the BG on the floor was not moving back into the view of the camera and the Pharmacists turned his back to him multiple times, the BG on the floor was not a viable threat.

The video will most likely condemn the Pharmacists in the eyes of most jurors.
 
#17 ·
I have watched every piece of video on this that they have released and I personally believe he should be charged. My novice eyes can't find anything to base a defense off of in the video.

I hate to hear of someone defending themselves and getting charged as it does hurt all of us but the video doesn't lie. When he comes back into the store and retrieves the second gun he doesn't show any signs that he was defending himself or fighting or surprised when he walked back to the BG on the ground and started popping off more shots into him.

I hate to see it but he came back in and then took it too far. He needs to plead insanity or he'll go down for murder. If the prosecution can proved that he went back to get the other gun with the sole intention of putting more shots into the already downed BG they might even have a case for murder 1...

Poor SOB, I guess he just lost it...
 
#18 ·
Such a shame

It's to bad he went to far. He did a great job of putting the robber down with the first shot. To bad he was so pumped with adrenilin he didn't know when to stop. I am confused, as to how many different guns the pharamacist used. He said in his statement that he used an auto to down the first BG (Not I said BG, NOT Student at such and such academy). Then he grabs the Judge, runs out side, does he then grab a third gun or is he retrieving the original auto before he fires the last five shots into BG #1?
 
#19 ·
IMHO the pharamacist should have lawyer up until he had his attorney with him during the questioning. My first question was the interview taped?
 
#20 ·
Once the threat was no longer imminent the shooting should have stopped... I'm thinking the pharmacist did use excessive force. :frown:

Just goes to show that if you're going to have and use a gun for self defense, you need to train your brain as well as your muscles! :tongue: Rehearsing scenarios in your head is good practice! :yup:
 
#21 ·
+1

Also, train your brain in this two step process for the aftermath of any shooting:

1. "Officer, I was in fear of my life."
2. "Officer, I will say nothing else until I have consulted my attorney."
 
#23 ·
Thanks PAK for an excellent post.
While the pharmacist obviously overstepped self defense, I feel that first degree murder is a stretch.
Even after watching the video we still do not know all the facts.


  • How many times, had the Oklahoma City pharmacist been robbed before?
  • Had previous robbery’s been with violence, or injury’s to the pharmacist?
  • Had this BG used threading jesters, (off camera) and languish that trigged some flight or fight prompt from the pharmacist.

Yes, temporary insanity could be correct, or PTSD caused by this life and death battle he just went through, could cause anyone to act in a way he/she normally would not have acted.

Final thought are; he should of “layered up” before making his statement
 
#24 ·
I don't think the pharmacist realised his own video surveillance caught him executing the guy he had just shot,until afterwards,most people don't think about the fact there may be a video camera pointed at them when they do something
 
#26 ·
Legally it looks like this fellow is in a real pickle... The return to the store to reload and go back out is what did him in.

Morally I don't see a problem with it, but then again that's why I have to consistently rehearse as many similar scenarios in my head to follow the LEGAL implications.

As far as I'm concerned the BG forfeited his rights to life the moment he initiated a violent felony(ie any robbery, attempted murder, rape etc...) and any real victim shouldn't be able to be charged for "going to far". There is NO TOO FAR!:aargh4:
 
#28 ·
Actually according to what I read,the first gun he used was a taurus judge,possibly loaded with 45 long colt ammo,the gun he used afterwards was a keltec 380
 
#30 ·
KelTec was first, bullet hit the BG in the skull and lodged there. The M.E. said the first shot probably would have killed him eventually. I'm glad there going to televise the trial.
 
#32 ·
ccroom said:
KelTec was first, bullet hit the BG in the skull and lodged there. The M.E. said the first shot probably would have killed him eventually.
Both of these sentences contain errors. Read the autopsy report linked in my earlier post.

The wound to the head was described as "non-fatal" and a "graze wound," with one small lead fragment entering the skull.

Ersland fired the Judge first -- that's the source of the grazing, non-fatal head injury -- and then retrieved the KelTec from a drawer prior to firing the killing chest/abdomen shots. (This is consistent with at least one of Ersland's changing stories, with the view on the surveillance tape, and with news reports).

pax
 
#33 ·
Gee.

I wonder what would have happened if the pharmacist in this case had been armed with a gun that was actually a fighting handgun, not a gimmic pistol like the Judge...

A nice Glock 22 police trade in & 180 grain golden sabers...

Dead robbers, no fuss, no muss.
 
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