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Old 06-20-2009, 13:50   #1
echoes
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Location: OK. Thanking Our Brave Soldiers
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Thumbs down Phamacist Army records can be subpoenaed

This story has been a very hotly debated issue around these parts recently...and it just got hotter! (Especially given the Leftist controlled local papers in Oklahoma!)

The powers that be have assumed a victory in dragging this Brave man's Army records into the mix??? Just cannot believe that this is legal, not to mention...IRRELEVANT!!!

FIRST UP (Background):

http://www.tulsaworld.com/news/artic...19&archive=yes

Pharmacy shooting controversy continues

By TIM TALLEY Associated Press Writer
Published: 5/30/2009 8:49 AM
Last Modified: 5/30/2009 8:53 AM

OKLAHOMA CITY — Confronted by two holdup men, pharmacist Jerome Ersland pulled a gun, shot one of them in the head and chased the other away. Then, in a scene recorded by the drugstore's security camera, he went behind the counter, got another gun, and pumped five more bullets into the wounded teenager as he lay on the floor.

Now Ersland has been charged with first-degree murder in a case that has stirred a furious debate over vigilante justice and self-defense and turned the pharmacist into something of a folk hero.

Ersland, 57, is free on $100,000 bail, courtesy of an anonymous donor. He has won praise from the pharmacy's owner, received an outpouring of cards, letters and checks from supporters, and become the darling of conservative talk radio.

"His adrenaline was going. You're just thinking of survival," said John Paul Hernandez, 60, a retired Defense Department employee who grew up in the neighborhood. "All it was is defending your employee, business and livelihood. If I was in that position and that was me, I probably would have done the same thing."

District Attorney David Prater said Ersland was justified in shooting 16-year-old Antwun Parker once in the head, but not in firing the additional shots into his belly. The prosecutor said the teenager was unconscious, unarmed, lying on his back and posing no threat when Ersland fired what the medical examiner said were the fatal shots.

Anthony Douglas, president of the Oklahoma chapter of the National Association for the Advancement of Colored People, called it an "execution-style murder" and praised the district attorney for bringing charges. Ersland is white; the two suspects were black.

Parker's parents also expressed relief that Ersland faces a criminal charge.

"He didn't have to shoot my baby like that," Parker's mother, Cleta Jennings, told TV station KOCO.


But many of those who have seen the video of the May 19 robbery attempt at Reliable Discount Pharmacy have concluded the teenager in the ski mask got what he deserved.

Mark Shannon, who runs a conservative talk show on Oklahoma City's KTOK, said callers have jammed his lines this week in support of Ersland, a former Air Force lieutenant colonel who wears a back brace on the job and told reporters he is a disabled veteran of the Gulf War.

"There is no gray area," Shannon said. One caller "said he should have put all the shots in the head."

Don Spencer, a 49-year-old National Rifle Association member who lives in the small town of Meridian, 40 miles north of Oklahoma City, said the pharmacist did the right thing: "You shoot more than enough to make sure the threat has been removed."

Barbara Bergman, past president of the National Association of Criminal Defense Lawyers and a professor at the University of New Mexico School of Law, likened the public reaction to that of the case of Bernard Goetz, the New Yorker who shot four teenagers he said were trying to rob him when they asked for $5 on a subway in 1984.

Goetz was cleared of attempted murder and assault but convicted of illegal gun possession and served 8½ months in jail.

Bergman said those who claim they used deadly force in self-defense have to show they were "in reasonable fear of serious bodily injury."

The pharmacy is in a crime-ridden section of south Oklahoma City and had been robbed before.

The video shows two men bursting in, one of them pointing a gun at Ersland and two women working with the druggist behind the counter. Ersland fires a pistol, driving the gunman from the store and hitting Parker in the head as he puts on a ski mask.

Ersland chases the second man outside, then goes back inside, walks behind the counter with his back to Parker, gets a second handgun and opens fire.

Irven Box, Ersland's attorney, noted the outpouring of support for the pharmacist, including $2,000 in donations, and said: "I feel very good 12 people would not determine he committed murder in the first degree."

Under Oklahoma's "Make My Day Law" — passed in the late 1980s and named for one of Clint Eastwood's most famous movie lines — people can use deadly force when they feel threatened by an intruder inside their homes. In 2006, Oklahoma's "Stand Your Ground Law" extended that to anywhere a citizen has the right to be, such as a car or office.

"It's a 'Make-My-Day' case," Box said. "This guy came in, your money or your life. Mr. Ersland said, 'You're not taking my life.'" The gunman "forfeited his life."

Box said that another person might have reacted differently, but he asked: "When do you turn off that adrenaline switch? When do you think you're safe? I think that's going to be the ultimate issue."

If convicted, Ersland could be sentenced to life in prison with or without parole, or receive the death penalty.

Jevontia Ingram, the 14-year-old boy accused of wielding the gun in the robbery, was arrested Thursday. The district attorney on Friday filed a first-degree murder charge against him, as well as against a man accused of being the getaway driver, and another man suspected of helping talk the teens into the crime.

The charges accuse all three of sharing responsibility for Parker's shooting death.

NEXT DEVELOPMENT:

http://www.tulsaworld.com/news/artic...00&archive=yes

Slain robber's alleged accomplices charged

By NOLAN CLAY AND BRYAN DEAN NewsOK.com
Published: 5/30/2009 2:26 AM
Last Modified: 5/30/2009 4:28 AM

OKLAHOMA CITY — Three robbery suspects were charged Friday with first-degree murder in connection with the fatal drugstore shooting of their alleged accomplice.

Police report that the youngest, a 14-year-old boy, confessed his involvement in the heist.

The three are charged with murder even though a pharmacist fired the fatal shots that killed Antwun "Speedy" Parker, 16, on May 19 at the Reliable Discount Pharmacy in south Oklahoma City.

They will be prosecuted separately from the pharmacist, Jerome Jay Ersland, 57, who is accused in a first- degree murder charge of going too far when he shot Parker multiple times, Oklahoma County District Attorney David Prater said.

The charge against Jevontia Ingram, 14, whose first name court records spell Jevontai; Emanuel Dewayne Mitchell, 31; and Anthony Devale Morrison, 43, is the latest twist in the case. All are from Oklahoma City.

AND FINALLY:

http://www.tulsaworld.com/news/artic...97&archive=yes

Phamacist Army records can be subpoenaed

By The Associated Press
Published: 6/19/2009 11:05 AM
Last Modified: 6/19/2009 11:46 AM

OKLAHOMA CITY — For the second time in just more than a week an Oklahoma County district judge has ruled prosecutors can subpoena the Army records of a pharmacist charged with murder.

Jerome Ersland is charged with first-degree murder in the May 19 shooting death of 16-year-old Antwun Parker as Parker and another teen tried to rob the pharmacy.

Defense attorney Irven Box asked Judge Tammy Bass-LeSure to reverse her ruling of June 10 allowing Ersland's Army medical records to be subpoenaed. But Bass said Thursday that the records belong to the government — not to Ersland.

Prosecutors say Ersland was justified in shooting Parker once but that he went too far when he got a second gun and shot the teenager five more times as he lay on the floor.

Last edited by echoes; 06-20-2009 at 14:56.
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