Posted on 05/28/2009 10:21:06 AM PDT by byrony
The hearing today turned contentious when District Attorney David Prater asked the judge not to bar Ersland from access to a gun while at the store. He argued Ersland still has a right to defend himself and pharmacy employees if the store is robbed again.
He said the restriction either meant Ersland would be fired from his job or crooks now know it is "open season" at the pharmacy if Ersland is there. The district attorney said his position sounds crazy but under the law Ersland has the right to protect himself. At one point, spectators clapped.
Defense attorney Irven Box said the pharmacy has been robbed before.
The judge refused to change her decision, saying Ersland can get another job. "If somebody wants to be around him, they are not going to have access to a gun," the judge said.
"That's wrong," the district attorney replied.
(Excerpt) Read more at newsok.com ...
That *alone* would cause me to vote "not guilty".This DA seems to *want* to lose this case.
There's your problem right there.
Sounds to me like the place needs both a new DA and a new judge.
May be that DA filed 1st degree in order to get dismissal. This cannot rise to that level if a robbery was in progress and he was simply reacting to the situation.
What ON EARTH is going on in OKC - I thought Oklahomans were sane. This whole nonsense is straight from the pages of Alice in Wonderland.
this guy should have reloaded and shot the guy some more.
and in OK he will be exonerated by a jury(I hope and pray).
(hotlinked) Probably. http://oklahomawomen.blogspot.com/2006/07/judge-tammy-bass-lesure-promotes.html
By and large they probably are sane. The judiciary on the other hand...not so much.
The DA sounds like he needs a new job.
I will refrain from saying what I am thinking for fear of being banned, but I will say this is a GROSS miscarriage of justice.
Maybe he has a conscience.
How nice. Family and friends of the dead thug would like to hurt the thug’s shooter, because he was a good boy. Now the judge says he can either get another job, or go to work unarmed with a death sentence hanging around his neck.
There was something fishy when he was charged with first degree murder int he first place, he never set out and plotted to kill the guy who robbed his store.
I figured the DA was setting up for a quick plea deal and used the murder one charge as a starting point and would negotiate down. The pharmacist rightfully told him he was innocent and go pound sand it seems, so they are in front of the judge.
Seems the DA at least understands the right of self defense when a man is still innocent until proven guilty, he gets a big point in my book for arguing it the way he did.
Huh?
You for the dead thug/perp?
Now, for some details.
Ersland is charged with first-degree murder for fatal shooting a would-be robber May 19 at the Reliable Discount Pharmacy in south Oklahoma City.
Prosecutors contend he went over the line when he shot the unarmed robber five times in the abdomen while the robber was incapacitated on the floor from a gunshot wound to the head. His defense attorney contends Ersland acted in self-defense.
District Judge Tammy Bass-LeSure set the bail amount after viewing a store videotape of the shooting of Antwun Parker, 16.
This Judge in this case should disqualify herself. She has shown a prejudicial bias to the accused. Her determination that “he can get a new job” clearly shows this.
Did you watch the video?
There were two robbers, one with a gun. After #1 pulled a gun, #2 (unarmed) put on ski mask (brilliant, he’s aready on tape unmasked). The pharmacist apparently shot the unarmed(!) robber in the head and the chases the gunman out the door. (He is remarkably nonchalant about stepping out the door, I thought. I would have worried that the gunman was laying for me.)
He returns, goes to back of the store for a second, comes back to where the unarmed robber is lying off camera and shoots him (the shooter is in full view of the camera pointing down). He then (apparently) returns his weapon to its hiding place and calls the kops.
It was clean shooting up to the point where he shot the guy on the floor. Since the original headshot was probably fatal anyway and “cleaningly gotten” I think the worst I could convict him of, beyond a reasonable doubt, is mutilating a corpse. If that count isn’t on the indictment, he walks, imho.
Both the DA and judge are going to get this guy killed.
This guy is a dead man, out of prison or in prison - the former especially unless some good folks step in to dissuade the agitators from making an example of the uppity pharmacist until the government again recognizes his 2A rights.
Deliver me from liberal women with hyphenated last names. Theyre always up to no good.
The local NAACP and other groups are pushing this. This has nothing to do with the law, only appeasing a vocal minority threatening riots and vigilante action...red
Bring from NYC i am stunned that the D.A. himself asked that the pharmacist should be allowed to defend himself despite being charged with murder. Ready to move to OK right now.
I hope the judge gets robbed at gunpoint tonight.
Hmmm...First item on Google:
“On November 3, 1998, Judge Tammy Bass-LeSure became one of the first black females duly Elected District Court Judges in the history of Oklahoma County”
I tried to go to the link, but it was disabled.
HE DID NOT KNOW WHETHER THE PERP WAS UNARMED!
He never patted the thug down. Just because a gun was not produced does not mean there was not on on his person.
I know the details, I posted this: http://www.freerepublic.com/focus/f-news/2259342/posts
The "evidence" does not demonstrate that the pharmacist is a danger to anyone but armed criminals.
Self-defense is a basic human right.
This decision is an atrocity.
The headshot turned out to be possibly non-fatal. The robber was off camera when he was shot again. It’s conceivable he was trying to get-up and the clerk didn’t want to risk him grabbing a weapon and catching him off guard.
The coroner ruled the head shot did not kill the perp. It was after this ruling that the charges were filed.
I looked up the DA yesterday, and he seems to be a good guy, as far as I can tell.
And I can’t really fault the judge for refusing to let someone accused of Murder One carry a weapon.
Frankly, I think the DA screwed up. Maybe he thought that he could get a plea deal, or the charges would be dismissed, or that a jury would find him innocent, or something else.
But I think it was a BIG MISTAKE to charge him in the first place. This was self defense, an armed robber was still on the loose, and the perp was reaching again for his weapon when he fired again. With two armed perps on the loose and trying to kill him or his fellow workers, who can fault him for making sure after the first shot failed to stop him?
It sounds, for the moment at least, as if the DA is a decent guy who made a mistake charging him.
Did you know the judge watched a store security video of the robbery?
That the evidence indicates that the pharmacist went way beyond self-defense?
Uhh... why would the pharmacist be a threat to "the public"?
He saw considerable combat in Desert Storm, and was badly wounded, requiring 20 surgeries.
Church of Christ Deacon Stanley Jones Sentenced For Molestation
OKLAHOMA CITY — A church deacon who was arrested for molesting a 7-year-old girl has been sentenced to prison. An attorney for Stanley Dale Jones sought to keep the 72-year-old from getting a prison term after he pleaded guilty to six counts of sexual abuse of a child. But District Judge Tammy Bass-LeSure sentenced Jones to only three years in prison and seven years of probation on Monday. Jones was a deacon and song leader at Eastside Church of Christ, but he resigned those positions after his June 2007 arrest. He apologized to his family and his church afterward.
She is also a Democrat.
WTF?
Yeah, I’m not sure what to make of this DA. I’ve heard of preemptive prosecution before, since if the accused is acquitted, he can never be tried for the same crime again, plus if he’s sued, it’s probably more favorable for him if he’s been acquitted than if no criminal trial had occurred. So perhaps the DA’s cagey rather than an ass.
How do we get rid of this judge? Are they elected or appointed in this neck of the woods?
Maybe that is the goal. Since we as a country seem to be going for activist judges, this judge is already imposing a sentence before there is a trial.
Our world is minus one thug who won't be robbing anyone else....the man should get an accomodation not an orange jumpsuit.
I believe the DA was ordered to file the charges.
I disagree.
It might actually surprise most people to hear what judges say to the accused.
And her remark makes sense, if you know the details of the case.
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