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Judge sets bail of pharmacist in fatal Oklahoma City shooting at $100,000
NewsOK ^ | 5/28/2009 | Nolan Clay

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 ...


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: Oklahoma
KEYWORDS: abuseofpower; activistcourts; banglist; donutwatch; ersland; judicialactivism; nifongism
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So let me get this straight. The DA charges the Pharmacist with 1st Degree Murder. The judge sets bail at $100k and says the Pharmacist can't have access to guns. The DA argues that he should since he has a right to defend himself at work since criminals will know it is open season on him. The judge says the Pharmacist can get a new job.
1 posted on 05/28/2009 10:21:06 AM PDT by byrony
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To: 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.

That *alone* would cause me to vote "not guilty".This DA seems to *want* to lose this case.

2 posted on 05/28/2009 10:24:12 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: byrony
District Judge Tammy Bass-LeSure...

There's your problem right there.

3 posted on 05/28/2009 10:25:49 AM PDT by AreaMan
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To: byrony

Sounds to me like the place needs both a new DA and a new judge.


4 posted on 05/28/2009 10:26:13 AM PDT by Billthedrill
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To: Gay State Conservative

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.


5 posted on 05/28/2009 10:27:13 AM PDT by Dutchboy88
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To: byrony

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.


6 posted on 05/28/2009 10:28:46 AM PDT by Jack Hammer (here)
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To: Gay State Conservative

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).


7 posted on 05/28/2009 10:29:04 AM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: AreaMan
(hotlinked) Probably. http://oklahomawomen.blogspot.com/2006/07/judge-tammy-bass-lesure-promotes.html
8 posted on 05/28/2009 10:29:47 AM PDT by Bogey78O (Don't call them jihadis. Call them irhabis. Tick them off, don't entertain their delusion.)
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To: Jack Hammer
What ON EARTH is going on in OKC - I thought Oklahomans were sane. ...

By and large they probably are sane. The judiciary on the other hand...not so much.

9 posted on 05/28/2009 10:30:07 AM PDT by AreaMan
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To: byrony

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.


10 posted on 05/28/2009 10:30:49 AM PDT by Red in Blue PA (http://ccwsaveslives.blogspot.com/)
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To: AreaMan
Hats off to Oklahoma County District Judge Tammy Bass-LeSure for organizing a get-out-the-vote event designed to increase the number of African-Americans voting in the Primary Election this month.


11 posted on 05/28/2009 10:34:20 AM PDT by UCANSEE2 (The Last Boy Scout)
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To: Gay State Conservative
This DA seems to *want* to lose this case.

Maybe he has a conscience.

12 posted on 05/28/2009 10:34:53 AM PDT by LoneRangerMassachusetts
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To: byrony

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.


13 posted on 05/28/2009 10:36:12 AM PDT by ZX12R
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To: byrony

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.


14 posted on 05/28/2009 10:36:35 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: LoneRangerMassachusetts

Huh?

You for the dead thug/perp?


15 posted on 05/28/2009 10:36:45 AM PDT by Red in Blue PA (http://ccwsaveslives.blogspot.com/)
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To: AreaMan

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.


Regardless to my thoughts about the judge, I going to take her side on this issue. I think she is ‘judicially’ correct as she is protecting the ‘public’, based on the evidence she saw.


16 posted on 05/28/2009 10:37:24 AM PDT by UCANSEE2 (The Last Boy Scout)
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To: Vaquero
If I was on the jury...he'd be free and only required to spend more time on the range to brush up.


17 posted on 05/28/2009 10:37:38 AM PDT by RasterMaster (DUmocrats - the party of slavery, sedition, subversion, socialism & surrender)
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To: byrony

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.


18 posted on 05/28/2009 10:37:44 AM PDT by 7thOF7th (Righteousness is our cause and justice will prevail!)
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To: Dutchboy88

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.


19 posted on 05/28/2009 10:38:07 AM PDT by Lonesome in Massachussets (AGWT is very robust with respect to data. All observations confirm it at the 100% confidence level.)
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To: byrony

Both the DA and judge are going to get this guy killed.


20 posted on 05/28/2009 10:38:49 AM PDT by RandallFlagg (Satisfaction was my sin)
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To: UCANSEE2
I think she is ‘judicially’ correct as she is protecting the ‘public’,

Yeah, that pharmacist is a threat to society./s Up is down and down is up.
21 posted on 05/28/2009 10:38:54 AM PDT by Red in Blue PA (http://ccwsaveslives.blogspot.com/)
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To: byrony

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.


22 posted on 05/28/2009 10:39:04 AM PDT by M203M4 (A rainbow-excreting government-cheese-pie-eating unicorn in every pot.)
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To: AreaMan

Deliver me from liberal women with hyphenated last names. Theyre always up to no good.


23 posted on 05/28/2009 10:39:37 AM PDT by Armedanddangerous ( I think you're so full of inconsolable rage you don't care who you hurt)
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To: Jack Hammer
"What ON EARTH is going on in OKC ?"

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

24 posted on 05/28/2009 10:39:47 AM PDT by rednek ("Light travels faster than sound. This is why some people appear bright until you hear them speak.")
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To: byrony
Is this a bad area of OKC?

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.

25 posted on 05/28/2009 10:40:15 AM PDT by FreepShop1
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To: byrony

I hope the judge gets robbed at gunpoint tonight.


26 posted on 05/28/2009 10:40:15 AM PDT by Sir Gawain ("Let every man make known what kind of government would command his respect" - Thoreau)
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To: AreaMan

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.


27 posted on 05/28/2009 10:40:23 AM PDT by Califreak (Stammer Lee, TOTUS and Beltway Bob have turned 1600 into a circus)
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To: Lonesome in Massachussets; All

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.


28 posted on 05/28/2009 10:40:38 AM PDT by Red in Blue PA (http://ccwsaveslives.blogspot.com/)
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To: UCANSEE2
Now, for some details.

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.

29 posted on 05/28/2009 10:41:02 AM PDT by AreaMan
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To: FreepShop1

Self-defense is a basic human right.

This decision is an atrocity.


30 posted on 05/28/2009 10:41:32 AM PDT by Red in Blue PA (http://ccwsaveslives.blogspot.com/)
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To: Lonesome in Massachussets

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.


31 posted on 05/28/2009 10:42:22 AM PDT by Bogey78O (Don't call them jihadis. Call them irhabis. Tick them off, don't entertain their delusion.)
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To: Lonesome in Massachussets

The coroner ruled the head shot did not kill the perp. It was after this ruling that the charges were filed.


32 posted on 05/28/2009 10:42:30 AM PDT by Ingtar (Americans have truly let America down. A sad day.)
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To: byrony
So let's see....2nd Amendment, innocent until proven guilty, makes sense to me.
33 posted on 05/28/2009 10:42:54 AM PDT by BulletBobCo
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To: byrony

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.


34 posted on 05/28/2009 10:43:03 AM PDT by Cicero (Marcus Tullius)
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To: ZX12R
Now the judge says he can either get another job, or go to work unarmed with a death sentence hanging around his neck.

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?

35 posted on 05/28/2009 10:43:21 AM PDT by UCANSEE2 (The Last Boy Scout)
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To: UCANSEE2
Regardless to my thoughts about the judge, I going to take her side on this issue. I think she is ‘judicially’ correct as she is protecting the ‘public’, based on the evidence she saw.

Uhh... why would the pharmacist be a threat to "the public"?

36 posted on 05/28/2009 10:43:35 AM PDT by Sloth (The Second Amendment is the ultimate "term limit.")
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To: Lonesome in Massachussets
He is remarkably nonchalant about stepping out the door, I thought. I would have worried that the gunman was laying for me.)

He saw considerable combat in Desert Storm, and was badly wounded, requiring 20 surgeries.

37 posted on 05/28/2009 10:44:24 AM PDT by FreepShop1
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To: Cicero
And I can’t really fault the judge for refusing to let someone accused of Murder One carry a weapon
Murder one means he planned this. The guy was planning on nothing more than restocking shelves in his place of business. This decision is an atrocity!
38 posted on 05/28/2009 10:44:36 AM PDT by Red in Blue PA (http://ccwsaveslives.blogspot.com/)
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To: AreaMan

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.


39 posted on 05/28/2009 10:45:29 AM PDT by Califreak (Stammer Lee, TOTUS and Beltway Bob have turned 1600 into a circus)
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To: byrony

WTF?


40 posted on 05/28/2009 10:45:56 AM PDT by peace with honor
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To: Cicero; All
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?

Apparently, the DA, the judge, and many armchair quarterbacks hee. Absolutely pathetic.
41 posted on 05/28/2009 10:46:29 AM PDT by Red in Blue PA (http://ccwsaveslives.blogspot.com/)
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To: Gay State Conservative

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.


42 posted on 05/28/2009 10:47:17 AM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: byrony

How do we get rid of this judge? Are they elected or appointed in this neck of the woods?


43 posted on 05/28/2009 10:47:19 AM PDT by Kansas58
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To: BulletBobCo
innocent until proven guilty,

What's that?
44 posted on 05/28/2009 10:47:55 AM PDT by Red in Blue PA (http://ccwsaveslives.blogspot.com/)
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To: byrony

http://oklahomawomen.blogspot.com/2006/07/judge-tammy-bass-lesure-promotes.html


45 posted on 05/28/2009 10:48:13 AM PDT by Concho ( No Birth Certificate-No Census!)
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To: ZX12R
"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."

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.

46 posted on 05/28/2009 10:48:39 AM PDT by Truth29
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To: UCANSEE2

Our world is minus one thug who won't be robbing anyone else....the man should get an accomodation not an orange jumpsuit.

47 posted on 05/28/2009 10:48:58 AM PDT by RasterMaster (DUmocrats - the party of slavery, sedition, subversion, socialism & surrender)
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To: Cicero

I believe the DA was ordered to file the charges.


48 posted on 05/28/2009 10:49:32 AM PDT by Ingtar (Americans have truly let America down. A sad day.)
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To: byrony; All
"Ersland shows no concern for his safety as he walks by Parker, and turns his back to Parker as he walks behind the pharmacy counter," Jacobson said.

http://www.foxnews.com/story/0,2933,522461,00.html?test=latestnews

Apparently, you now need to show concern for the safety violent criminals who threaten your life.
49 posted on 05/28/2009 10:51:05 AM PDT by Red in Blue PA (http://ccwsaveslives.blogspot.com/)
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To: 7thOF7th
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.

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.

50 posted on 05/28/2009 10:51:05 AM PDT by UCANSEE2 (The Last Boy Scout)
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