Jerome Ersland: A TRUE HERO!

Many of you have heard of Jerome Ersland, the pharmacist who was bogusly charged with First Degree Murder in the shooting death of Antwun Parker.  Parker along with his accomplice, Jevontai Ingram, went to the Reliable Discount Pharmacy around closing time, when they knew naroctics and money would be most accessable, because this is when they counted their money and took an inventory of narcotics they had on hand.  Though the doors had already been locked, they were let in, because one of the employees thought they just needed to drop off a perscription.  When these two thugs were let in is when all hell broke loose.  Ingram put a board in the door to ensure that they would be able to leave and not be trapped inside.  Too bad for them, they didn't account for Mr. Ersland being armed.  Ersland quickly went for his weapon as soon as Ingram started waving his. Ingram took off once shots were fired, leaving his accomplice Antwun Parker laying in the floor of the pharmacy.  Ersland followed Ingram outside and then soon after came back in and shot Parker five times in the chest.  What cannot be seen by the surveillance is what if any movements Parker was making at the time Mr. Ersland walked back into the pharmacy.  This is where the dillema lies.  Was he incapacitated or not or does it even matter?  Oklahoma County D.A. David Prater is apparently so sure that Parker was no longer even a percieved threat when Mr. Ersland went back into the store and shot him again, that he has decided to charge him with FIRST DEGREE MURDER!

Just so we're clear, here's the Oklahoma statute on First Degree Murder (I excluded parts C, D, and E to save space, as they deal with death resulting from child abuse, murder for hire, and murder of law enforcement officers):

§21-701.7. Murder in the first degree.

A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.

B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances, or trafficking in illegal drugs.

Now which one of these applies to Mr. Ersland?  Can't be malice aforethought, after all Mr. Ersland was not the instigator of the situation and therefore did not kill Antwun Parker premeditatedly.  Oh ok, now that I read section B I see where the D.A. is coming from.  Since Mr. Ersland killed Parker during the commission of a robbery, that is where they are coming up with the First Degree Murder charge.  Wait a sec though....ERSLAND WAS THE ONE BEING ROBBED!!!!  Nobody would have died if Parker and Ingram would not have decided to rob this man's pharmacy.  Where this incompetent D.A. gets off charging Mr. Ersland with murder is far beyond me.  Furthermore, I am baffled at the fact that the jury even had to deliberate on this, much less deliberate for three hours and come back with a guilty verdict. Now this man will spend the rest of his life in prison because two thugs attempted to rob him and he fought back. You can bet your last dollar that if someone tried to rob me I would do the exact same thing. I can guarantee this will be appealed and hopefully this verdict will be thrown out. That would be the right thing to do.