After Numerous Delays, Self-Defense Trial of Oklahoma Pharmacist, Jay Ersland, Gets Underway
Let us hope and pray that the jury isn’t infested with a bunch of brainwashed Libtards and Lefturds:
Note: Because a video link is broken in one of our previous posts, I am including the pharmacy’s surveillance video below. However, you’ll have to sit through one of those annoying commercials to view it. Sorry about that:
Oklahoma Pharmacist Case Tests Self-Defense Law
L.l. Woodard – via Yahoo News
When Jerome Jay Ersland, has his day in court, Oklahoma’s self-defense laws will be tested too. The 57-year-old-pharmacist was charged with first-degree murder as a result of shooting death that took place May 19, 2009.
Two teenage boys entered the Reliable Discount Pharmacy in Oklahoma City where Ersland worked, but Ersland was able to chase only one of the youths out the door of the store. The other youth, 16-year-old Antwun Parker, was shot by Ersland six times.
Oklahoma was among the first states to enact the self-defense legislation referred to as the Make My Day law. The law, named after Clint Eastwood’s character Dirty Harry, provided that Oklahoma residents had the right to defend themselves by using deadly force, if necessary, in their homes without fear of criminal or civil action.
In 2006, State Sen. Harry Coates authored legislation that extended those rights of self-defense to include persons in or on motor-operated vehicles and at businesses. That bill, known as the Stand Your Ground law, passed the Oklahoma legislature with only nine opposing votes.
At first glance, it would seem Ersland had nothing to fear from the criminal justice system when he protected himself and his female co-workers from the two robbers. But as often happens, there is more to the story.
The store’s videotape of that day shows that Ersland first shot Parker in the head. Parker went to the floor. After Ersland chased the younger of the two youths out of the pharmacy’s door, he came back into the store and picked up another gun. With that gun the pharmacist shot Parker five additional times, this time in the abdomen.
The original autopsy was reported to show that Parker did not die from the head wound but from the wounds to his abdomen. It was after the autopsy was completed that Oklahoma County District Attorney David Prater brought the charges of first-degree murder against Ersland.
But additional pathologists have also weighed in on the cause of Parker’s death; not all of them agree with the original autopsy report that the abdominal wounds caused the youth’s death.
Rep. Randy Terrill, a strong proponent of Oklahoma’s self-defense legislation has voiced his disapproval of the criminal charges brought against Ersland.
Prater has explained that had Ersland stopped after shooting Parker in the head and incapacitating him, there would have been no charges brought. Others who have provided opinions on the matter, including Andy Coats, dean of the OU School of Law, say that interpretation of the law’s wording on “perception of a threat” belongs to a jury of Ersland’s peers.
Oklahoma District Court Judge Tammy Bass-LeSure agreed with Coats’ assessment when Ersland’s defense asked that the criminal charges be dismissed during an August 26, 2010 hearing. Bass-Lesure refused that motion and also a motion to postpone Ersland’s trial. At that time, trial was set for September 13, 2010. But Bass-LeSure was removed from the case August 31, 2010 when prosecutors accused her of impartiality.
Oklahoma County District Judge Ray C. Elliott was then assigned as the trial judge. The defense has sought to remove Elliott due to an ethnic slur he admits making against Hispanics. Ersland’s defense felt that although Ersland is not Hispanic, a person with one partiality may not be fair to anyone. The defense received its final ruling on Elliot’s removal as the trial judge on March 3, 2011 when the Oklahoma Court of Appeals issued a two-page ruling that there was no basis for Elliot’s removal.
In a case that has seen its fair share of delays, the trial itself will be sure to garner attention not only throughout the state of Oklahoma, but also in other states with their own self-defense laws.Explore posts in the same categories: Self Defense