An Oklahoma jury will be asked to decided whether pharmacist Jerome Ersland, 57, is a hero or a murderer. A video camera captured Ersland pumping rounds into an unconscious and unarmed teenager who tried to rob his store on May 19th.
Gun rights advocates have rallied behind Ersland and his lawyer insists that the video shows an act of self-defense. The case has many of the disturbing elements as the Gonzalez case in Texas.
Ersland currently faces a first-degree murder charge in the killing of Antwun Parker, 16, and could face a possible death penalty. He shot Parker in the head and then chased another teen outside. When he returned, he delivered the coup de grâce by shooting Parker five more times. An autopsy showed that Parker was still alive before Esland returned and unloaded into this body.
Ersland was not being threatened at that time and was armed. He had already chased one suspect out of the store and shot Parker upon returning. For the video click here. The video shows Ersland walking to the back of the store after returning and then casually coming back to finish off Parker. I fail to see the justification for the final shots as opposed to the first shot.
On its face, it does not appear to be an act of self-defense. We discuss such situations often in torts. Self-defense (as opposed to protection of property) allows the use of lethal force to repel a commensurate and proportional threat. If you are threatened by serious bodily injury or death, you are privileged to use lethal force. However, this privilege does not include the right to retaliate and expires with the passage of the imminent threat.
For the full story, click here.
Burn piggy burn.
From the surveillance video, appearances are that the pharmacist acted as the jury and the judge. He fairly calmly walks over and shoots the victim after he was down. I wonder when the pharmacist called 911?
http://newsok.com/oklahoma-city-pharmacist-faces-murder-charge-in-shooting/article/3372941
Gee…
Ersland was mature enough to carry a gun and fire it…
Are the hand gun advocates rallying for more firearms training?
At the same link I previously above, this video title, ‘DA Prater on pharmacy shooting case’ illustrates the DA discussing the video (at different angles) and then the defense attorney’s perspective on the shooting.
Clearly, the first shot was justified, but the subsequent shots were *not*. He called 911 *after* firing the 5 additional rounds into the robber.
And Oklahoma is taking the time to have a Trial under these circumstances? Why?
Oh yeah the same right we think that Cheney and Company deserve, Due Process.
As I watched the video I was struck by the calmness and methodical behavior of Mr. Ersland. The tape shows that he was clearly in no danger, nor felt any threat. To me that makes it murder and premeditated at that. It will be of interest to see how the jury treats it and say a lot about Oklahoma justice in their verdict.
We can expect this tragedy to be repeated with greater frequency. The past eight years of fear mongering, coupled with the legislative trend to eliminate restrictions on the use of deadly force, and the increasingly paranoid rumors that the government will disarm the citizenry in the march to socialism, have all combined to create an atmosphere in which normal people believe that it’s acceptable to take a life in defense of property regardless of the circumstances. Many people will blame the killing on the victim for setting out to commit a robbery. Many people will conclude that by finishing the job the pharmacist was sending a message of deterrence to other would-be criminals, an application of the preemptive war doctrine to everyday life. I’ll be very surprised is this gentleman is indicted. I’ll be stunned if he’s actually convicted. Welcome to Tombstone territory, where ordinary citizens can be law enforcement officers, judges, juries and executioners simultaneously.
Mike Appleton,
Do you think that Mr. Ersland’s first shot justified?
Clearly, I think it was justified. However, I would have called 911 immediately after firing that shot, then locked the door without pursuing the other robber, and then assisted the injured person after ensuring my safety, or that of others, was not compromised in doing so.
FFLEO:
that video raises some questions in my mind. It looks like the robbers shot first and the one that got hit was he actually out or did he make a move for his weapon which caused the guy to fire.
I think you need another camera angle to say with certainty that the wounded robber did not make a move for his weapon as the pharm. came back.
If he did indeed pump 4 more into the robber without provocation execute him.
I give the D.A. some credit for bringing charges in the first place. The first shot was justified. The kill shots were not.
Bron,
The injured and the killed robber was never armed; however, during the time when the gunman was waving his gun, I can understand why the pharm. shot the unarmed subject given his hand movements and actions.
To be fair, it appears based on the evidence to date, that the robber never fired his weapon.
FFLEO, I agree with you that the first shot was lawful and your comments about what you would have done after that are right on the money. However, you have the benefit of your own training and experience and the chance that you would lose your composure in the stress of the moment is highly remote. The remaining shots by the pharmacist were not justifiable under any theory, but I still don’t expect a conviction in this case given current public attitudes.
I agree, in this video, first shot is justified and the additional shots appear to be murder. I too wish there was an additional angle, but the body language of the pharmacist, coupled with the fact that the kid was unarmed add up to someone who “wanted to make sure he was dead”. Not only is he a cold blooded killer, but a stupid one at that… he knew he was on tape.
Mike Appleton: I expect a conviction on a lesser charge. The circumstances might help protect him a little, even given the cold-blooded nature of the act, but his mannerisms and body language are just too much for him to get off scott-free.
Voire dire going to be critical in this one.
Prof. Turley, when are our torts grades coming out? Selmi already has his posted…you can’t let a contractarian do that to you!
foo,
He has had more important tasks, such as this blawg…
Foo:
I believe that my target date is Monday and there will be a couple of days as records approves the curve and posts. I am finishing the final read now.
Besides, how tough is grading contract theory and cases? You are comparing a velvet rendition of Dogs Playing Poker on velvet to entire work of the Sistine Chapel.
JT
JT,
I thought that by law the only things you could paint on velvet in the U.S. were Elvis, Dragons, and Unicorns.
Gyges:
Contracts? Is that still taught in law school? If you can reduce it to paper what need have you of lawyers? We really need to get GW out of those monastic Dark Ages. Now torts and con law, that’s not clerk work–that’s lawyering, baby.
You know I am considering slipping up to GW Law to take some advanced classes in trial and negotiation, (even got the application) but after this I may have to apply to Liberty. LOL
This story is incredibly disturbing and I don’t see how any sane person or legitimate legal system could think this was acceptable, but I bet this guy will get off Scott free.
Whenever I see the word ‘velvet’ applied, especially in politics, I immediate kick into ‘recipe mode’.
If you like your devil’s food ‘Red’, add food coloring.
Bon appetit!
CHOCOLATE VELVET CHEESECAKE
Recipe By : The Mastercook
Serving Size : 10 Preparation Time :0:00
Amount Measure Ingredient — Preparation Method
——– ———— ——————————–
1 c Vanilla Wafer Crumbs
1/2 c Chopped Pecans
3 tb Granulated Sugar
1/4 c Margarine, Melted
16 oz Cream Cheese, Softened
1/2 c Brown Sugar, Packed
2 ea Large Eggs
6 oz Semi-sweet Chips, Melted
3 tb Almond Flavored Liqueur
2 c Sour Cream
2 tb Granulated Sugar
Combine crumbs, pecans, granulated sugar and
margarine; press onto bottom of 9-inch springform pan.
Bake at 325 degrees F., 10 minutes. Combine cream
sheese and brown sugar, mixing at medium speed on
electric mixer until well blended. Add eggs, one at a
time, mixing well after each addition. Blend in
chocolate and liqueur; pour over crust. Bake at 325
degrees F., 35 minutes. Increase oven temperature to
425 degrees F. Combine sour cream and granulated
sugar; carefully spread over cheesecake. Bake at 425
degrees F. 10 minutes. Loosen cake from rim of pan;
cool before removing rim of pan. Chill.
VARIATION:
Substitute 2 Tablespoons milk and 1/4 teaspoon almond
extract for almond flavored liqueur.
– - – - – - – - – - – - – - – - – -
Devil’s Food Cake
From Food Network Kitchens
Difficulty: Medium Prep Time: 2 hours 15 minutes
Cook Time: 1 hour 45 minutes Yield: 8 to 10 servings
Frosting:
15 ounces semi-sweet chocolate, finely chopped
1 1/2 cups heavy cream
Cake:
2 cups all-purpose unbleached flour
1 1/2 teaspoons baking soda
3/4 teaspoon baking powder
3/4 teaspoon salt
12 tablespoons unsalted butter, at room temperature, plus more for the pans
2 cups plus 2 tablespoons sugar
3/4 cup nonalkalized cocoa powder (not Dutch-processed)
2 teaspoons pure vanilla extract
3 large eggs, at room temperature
1 1/4 cups water
1/4 cup milk
To make the frosting: Put the chocolate in a large heatproof bowl. In a small saucepan, bring the cream to a boil. Pour the cream over the chocolate, move the bowl gently to let the cream settle. Set the mixture aside until softened, about 4 minutes. Whisk until smooth. Cover the surface of the frosting with plastic wrap. Set aside and let set up at room temperature, about 2 hours.
To make the cake: Set a rack in the middle of the oven and preheat to 350 degrees F. Lightly butter two 9-inch round cake pans and line the bottoms with a circle of parchment or wax paper.
In a medium bowl, whisk together the flour, baking soda, baking powder, and salt. Set aside.
In a standing mixer fitted with the paddle attachment, beat the butter at
Devil’s Food Cake pg 2
medium speed until smooth, about 2 minutes. Increase the speed to medium-high and slowly add the sugar. Continue beating until light and smooth, about 4 minutes. Turn the mixer off and scrape down the sides of the bowl with a rubber spatula. Add the cocoa powder and vanilla and beat at medium speed for 1 minute more. (Stop the machine and scrape down the sides of the bowl again, if needed.) With the mixer running at medium-low speed, add the eggs, one at a time, beating for 1 minute between each addition. Scrape down the sides of the bowl.
Combine the water and milk in a saucepan and bring just to a boil. Remove from the heat.
With the mixer at low speed, add the flour mixture, about a 1/4 cup at a time. Carefully pour the hot liquid into the batter. Remove the bowl from the mixer and, using a large rubber spatula, finish combining the batter until smooth. Divide the batter evenly between the prepared pans. Lightly drop each pan onto the counter to settle the batter.
Set the pans on the middle rack in the oven. Bake until the cakes begin to pull away from the sides of the pans and the center springs back when touched lightly, about 30 to 35 minutes.
Cool the cakes, in the pans, on a rack for 10 minutes. Turn the cake layers out of the pans and cool on the rack. (If not assembling the cake right away, wrap the layers in plastic wrap and store at room temperature for up to 1 day, or freeze for up to 2 months.)
Assemble the Devil’s Food Cake. Place 1 cake layer upside-down on a cake stand or flat plate. Scoop about 1/3 of the icing onto the center of the layer. Using a large, offset spatula, spread the icing evenly over the layer to the edges. Place the other cake layer, rounded-side up, on top. Evenly spread half of the remaining icing over the top, spreading any excess icing down the sides. Spread the remaining icing around the sides of the cake. Use the tip of the offset spatula to make a swirling pattern in the icing. Serve. Store under a cake dome or loosely wrapped with plastic, at room temperature, for up to 2 days.
Copyright 2001 Television Food Network, GP. All rights reserved
Come on Patty C, I’m on a diet. I am getting stuff together to make your soup even as I type!!
I know what you mean… ;P
Our Summer Soup is SO good, especially when made from your own garden or from farm stands in late Summer and early Fall.
I’m delighted you guys love it, as I do, any time of year.
Bon Appetito!
American capitalism gone with a whimper
Front page / Opinion / Columnists
27.04.2009 Source: Pravda.Ru
True, the situation has been well prepared on and off for the past century, especially the past twenty years. The initial testing grounds was conducted upon our Holy Russia and a bloody test it was. But we Russians would not just roll over and give up our freedoms and our souls, no matter how much money Wall Street poured into the fists of the Marxists.
Those lessons were taken and used to properly prepare the American populace for the surrender of their freedoms and souls, to the whims of their elites and betters.
First, the population was dumbed down through a politicized and substandard education system based on pop culture, rather then the classics. Americans know more about their favorite TV dramas then the drama in DC that directly affects their lives. They care more for their “right” to choke down a McDonalds burger or a BurgerKing burger than for their constitutional rights. Then they turn around and lecture us about our rights and about our “democracy”. Pride blind the foolish.
Then their faith in God was destroyed, until their churches, all tens of thousands of different “branches and denominations” were for the most part little more then Sunday circuses and their televangelists and top protestant mega preachers were more then happy to sell out their souls and flocks to be on the “winning” side of one pseudo Marxist politician or another. Their flocks may complain, but when explained that they would be on the “winning” side, their flocks were ever so quick to reject Christ in hopes for earthly power. Even our Holy Orthodox churches are scandalously liberalized in America.
The final collapse has come with the election of Barack Obama. His speed in the past three months has been truly impressive. His spending and money printing has been a record setting, not just in America’s short history but in the world. If this keeps up for more then another year, and there is no sign that it will not, America at best will resemble the Wiemar Republic and at worst Zimbabwe.
These past two weeks have been the most breath taking of all. First came the announcement of a planned redesign of the American Byzantine tax system, by the very thieves who used it to bankroll their thefts, loses and swindles of hundreds of billions of dollars. These make our Russian oligarchs look little more then ordinary street thugs, in comparison. Yes, the Americans have beat our own thieves in the shear volumes. Should we congratulate them?
CABLE NEWS RACE
THURS., MAY 29, 2009
FOXNEWS OREILLY 3,726,000
FOXNEWS HANNITY 2,874,000
FOXNEWS BECK 2,609,000
FOXNEWS BAIER 1,971,000
FOXNEWS GRETA 1,934,000
FOXNEWS SHEP 1,887,000
MSNBC OLBERMANN 1,098,000
MSNBC MADDOW 898,000
CNNHN GRACE 715,000
CNN COOPER 652,000
Any cheesecake recipe that has that much sour cream in it and is baked is worth a try. (Whipped, unbaked chesecake, srsly?) The pecans in the crust, a splash almond liquior and chocolate means this one goes in the ‘to do’ recipe file. I’m not supposed to eat ’sweets’ so the 2 or three times a year I fall- strike that- JUMP off the wagon I do it right. I’ll substitute butter for the margarine too
Thanks for the recipe.
Obama Hands Out Prime Posts to Top Campaign Contributors (Update1)
By Jonathan D. Salant and Julianna Goldman
May 29 (Bloomberg) — Louis Susman has one thing in common with many of his predecessors nominated to be the U.S. ambassador to the United Kingdom: money.
Susman, 71, a retired Citigroup Inc. senior investment banker, raised between $400,000 and $500,000 for President Barack Obama’s presidential campaign and another $300,000 for his inauguration. On Wednesday, Obama nominated Susman to the post formally known as the Court of St. James.
Despite his pledges to change government, Obama is offering ambassadorships to top campaign backers, including four of the 12 nominations this week. The president acknowledged in a news conference in January that donors will get plum postings.
Ronald Neumann, president of the American Academy of Diplomacy and a former ambassador to Afghanistan said “It is a dismal testimony to candidates like Barack Obama that promise one thing and do another.”
porestoi
1, May 29, 2009 at 7:42 pm
“CABLE NEWS RACE
THURS., MAY 29, 2009
FOXNEWS OREILLY 3,726,000
FOXNEWS HANNITY 2,874,000
FOXNEWS BECK 2,609,000
FOXNEWS BAIER 1,971,000
FOXNEWS GRETA 1,934,000
FOXNEWS SHEP 1,887,000″
Yes, there’s still a lotta’ stupid out there. That was your point, right?
MANCOW WATERBOARDING WAS HOAX:
Today we talked to Klay South, the Marine who did the pouring, and he came clean:
I know nothing about waterboarding. I had never done it before, I have no formal training in it, and I’ve never had it done to me. The only thing I knew was what I saw on the internet. I went to waterboarding.org and looked it up. I just did what I was told—poured the water on his face and that was it. I’m probably the last person they should have had do it. I didn’t know what I was doing.
Obama Hands Out Prime Posts to Top Campaign Contributors (Update1)
By Jonathan D. Salant and Julianna Goldman
May 29 (Bloomberg) — Louis Susman has one thing in common with many of his predecessors nominated to be the U.S. ambassador to the United Kingdom: money.
Susman, 71, a retired Citigroup Inc. senior investment banker, raised between $400,000 and $500,000 for President Barack Obama’s presidential campaign and another $300,000 for his inauguration. On Wednesday, Obama nominated Susman to the post formally known as the Court of St. James.
Despite his pledges to change government, Obama is offering ambassadorships to top campaign backers, including four of the 12 nominations this week. The president acknowledged in a news conference in January that donors will get plum postings.
Ronald Neumann, president of the American Academy of Diplomacy and a former ambassador to Afghanistan said “It is a dismal testimony to candidates like Barack Obama that promise one thing and do another
A POLITICO reader caught the exchange, which starts around 5:45 on this C-SPAN video.
The transcript:
Obama: What do you do Walter?
Walter: I work at, uh, NGA, National Geospatial-Intelligence Agency
Obama: Outstanding, how long you been doing that?
Walter: About six years
Obama: Yea?
Walter: Yes.
Obama: You like it?
Walter: I do, keeps me…
Obama: So explain to me exactly what this National Geospatial…uh…
Walter: Uh, we work with, uh, satellite imagery..
Obama: Right
Walter: [unintelligible] …support systems, so…
Obama: Sounds like good work.
Walter: Enjoy the weekend.
Obama: Appreciate it.
According to the Defense Department:
The National Geospatial-Intelligence Agency (NGA) is a Department of Defense combat support agency and a member of the national Intelligence Community (IC). NGA develops imagery and map-based intelligence solutions for U.S. national defense, homeland security and safety of navigation.
NGA provides timely, relevant and accurate geospatial intelligence in support of national security objectives. The term “geospatial intelligence” means the exploitation and analysis of imagery and geospatial information to describe, assess and visually depict physical features and geographically referenced activities on the Earth. Geospatial intelligence consists of imagery, imagery intelligence and geospatial (e.g., mapping, charting and geodesy) information.
Guess they’re not getting much airtime in the President’s Daily Brief.
http://www.politico.com/blogs/bensmith/0509/In_which_the_president_discovers_an_American_intelligence_agency_at_Five_Guys.html
PRESIDENT DOOFUS!
lottakatz 1, May 29, 2009 at 7:46 pm
Any cheesecake recipe that has that much sour cream in it and is baked is worth a try. (Whipped, unbaked chesecake, srsly?) The pecans in the crust, a splash almond liquior and chocolate means this one goes in the ‘to do’ recipe file. I’m not supposed to eat ’sweets’ so the 2 or three times a year I fall- strike that- JUMP off the wagon I do it right. I’ll substitute butter for the margarine too
Thanks for the recipe.
—
These two chocolate cakes are 50th birthday material and suitable for any similar milestone, for that matter.
Worth the leap, in my view.
Enjoy!
Well unfortunately this man, who was justified in the first shot, totally undid his moral high ground with the four subsequent shots.
I don’t see many here supporting those followup shots, other than to conjecture the downed robber might be moving.
It is a pity, what could have been a clean good argument for responsible armed self-protection is messed up by a vindictive wanton act of murder.
Although I give it 98% odds he will be convicted for a criminal act, I give it 70% odds that it won’t be for premeditated murder one, probably manslaughter.
The pharmacist is white, the guy that copped the six bullets is a criminal punk and I suspect that he is at least coffee coloured.
I would not bet money on the pharmacist getting convicted, a policeman who did the like would not be convicted, the fact that the pharmacist is not a police man may increase the probability of a conviction but not by much.
After all you Yankees are involve in the war against crime, drugs, niggers and poor people and one must expect collateral damage in war.
What a twit this guy is. The first shot was to the head, did he really expect the guy shot in the head to come roaring back to life.
If he gets convicted he will be deserving of it for aggravetd stupidity.
This case is also reminiscent of the Bernard Goetz case years ago in New York City. People may remember that Goetz was found not guilty on all charges except for one of illegal possession of a firearm.
There is no way this shooter will be convicted of anything approaching Murder One. Don’t forget, this is Oklahoma, where men aren’t men unless they’re packing heat, and everyone understands that there is no reason to control an adrenalin rush when you’re armed. Besides, the would-be robber, lying unarmed and unconcious on the floor, was black. I’ll be amazed if the pharmacist is convicted of anything at all.
Clearly warrants charging for murder, but this really will be a test of voir dire. I also doubt he’ll get the full charge. As others have pointed out, this is Oklahoma.
Gyges,
In Re Velvet: Don’t forget Bull Fighters.
“…..first shot JUSTIFIED” WTF!?!
How the hell is the money in a cash drawer EVERY worth a life whether it’s the robber or the store clerk? No one needed to die. The murdering pig behind the counter should spend the rest of his redneck life in a deep, dark, damp cold cell with is mental and moral equivilent, Charles Manson.
rcampbell,
Ok, give him the first one and then the rest were excessive.
The Castle Doctrine, where the term “Make My Day Law” comes from is the landmark 1985 Colorado statute that protects people from any criminal charge or civil suit if they use deadly force. Many versions of the Castle Doctrine, particularly those with a “Stand-Your-Ground clause”, also have a clause which provides immunity from any lawsuit filed on behalf of the assailant for damages/injury resulting from the use of lethal force. The only exceptions to this immunity are generally situations of excessive force, where the defender used deadly force fired on a subdued, cooperative, or disabled assailant. A situation meeting this exception generally invalidates the criminal “Castle Defense” as well.
Watching the video and the actions of Mr. Ersland, lead me to suspect there is more going on here than a simple act to defend himself. I know there are facts that the DA will present that we do not yet have in public record, but I clearly feel that Ersland was justified in his inital response to the attack. After those intial moments though, I feel his actions were not justifed. A fleeing suspect is not an imminent threat, unless of course you pursue that suspect, and that brings along with it a whole new abundance of issues. That is the role of Law Enforncement to pursue suspects, and in my opinion, not under the scope of the Castle Defense. It appears that Ersland showed no compulsion to present his weapon in both cases of passing over the incapacitated suspect left inside the pharmacy, until he returns with a second weapon, leans over and begins to once again fire on the suspect. After watching the video, I would be more inclined to feel that Ersland’s motivations for firing the second time were not based in fear of imminant threat, but possible retribution or vigilantism. And of course, if this truly is the case, the Castle Defense is out the window.
NOTE: I am not an attorney or legal counsel. Any views I may present are strictly my opinion only.
Foo:
To answer your earlier question, the grades for first-year torts are pending now with the administration. I am sorry but I felt that academic integrity prevented me from awarding points for those students who have contributed to this site. So, I just took off points from any students who did not contribute.
JT
Look at the video again. I would not even say the first shot was justified. He shot the kid that didn’t even have the gun. Ok a kid has a gun pointed at you. Who do you shoot? The kid with the gun or the kid without the gun? Jerome Ersland should get the chair.
Sounds like foo might get a round-a-bout very good grade…however, is foo really the legal name on his transcript?
____________
DJ,
I read all of the linked articles and I viewed all of the videos.
Given the actions of the kid w/o the gun at that distance and the positioning of his hands and in the confusion, any reasonable person would be justified the first shot. However, the pharmacist clearly executed the incapacitated kid and he is clearly a murderer, but you choose the degree, considering the totality of the circumstances.
Ersland has been charged with first-degree murder.
http://www.timesrecordnews.com/news/2009/jun/04/wild-justice-pharmacist-shoots-unconscious/
The prosecutor asked the judge to give Ersland his hand gun back.
The judge denied his request.
CCD,
Thank you for that update. First-degee murder sounds good to me.
Follow-ups like this make this site even more worthwhile. Now, the jury of his “peers”…
Former Federal LEO,
I agree with you.
I think Mr. Ersland is an American Hero. He did kill a robber, not an innocent citizen. When a 16 year old criminal plan to rob he must think twice.
Everyone support criminals . What is the value of a law abiding victim.
It is unfortunate to charge Mr. Ersland for murder