You are Unregistered, please register to use all of the features of!    
Firearm & Gun Forum - > Handguns > Concealed Carrying & Personal Protection >

1st deg. murder?

LinkBack Thread Tools Display Modes
Old 07-02-2009, 03:54 AM   #11
Feedback Score: 0 reviews
Texanbybirth's Avatar
Join Date: Jun 2008
Location: Ellis County,TX
Posts: 205
Liked 6 Times on 3 Posts
Likes Given: 1


The pharmacist hardly looked at the dirtbag on the floor as he got his other gun. He kept his back to him until he got the other gun. That tells me that he wasn't worried about him being a threat. The final shots were uncalled for unless the dirtbag was awake. It pains me to say it, but he should get manslaughter or 2nd degree murder. Maybe the DA is bringing murder 1 charges in hopes that the pharmacist gets off with a sympathetic jury.
Texanbybirth is offline  
Reply With Quote
Old 07-02-2009, 01:12 PM   #12
Feedback Score: 0 reviews
caniswalensis's Avatar
Join Date: May 2009
Posts: 142

I agree that Mr. Ersland had every right to own the guns and use them to defend his life & goods.

I think that the problem is that after the robber was shot in the head and incapacitated, he went and got the other gun and emptied it into the presumably helpless person in realatively cold blood.

If the robber was trying to get up or was still armed and attempting to bring his weapon to bear, then I think he would be justified in doing that, too.

According to one account, he went and looked out the door after the other robber fled. I presume that he turned his back on the injured man while doing so. That may indicate that he no longer felt him to be a threat. That would be a key point in the difference between a 1st or 2nd degree murder charge.

I believe that the usual standard on self defence is something to the effect of having a reasonable belief that you are in danger. I don't know if Mr. Ersland still felt he was in danger, or he was just angry. That said, nether do I want to second guess the actions of someone in such a highly stressful situation.

I suppose that we will have to wait for the trail for all the details to come out. Then everyone gets their say in front of the jury. They have a film, so I suppose that will be very helpful in getting to the truth of th matter.

Regards, Canis
God knows what we are to do! I am determined, for one, to go with my countrymen; "right or wrong, sink or swim, live or die, survive or perish," I am with them.
- William Barret Travis, July 30, 1835
caniswalensis is offline  
Reply With Quote
Old 07-13-2009, 02:25 AM   #13
Feedback Score: 0 reviews
layton's Avatar
Join Date: Jul 2009
Posts: 568
Liked 1 Times on 1 Posts


That happened in Oaklahoma, and I saw the video, the first think he did wrong, was have it on videp to look at later, the second thing was to get the second weapon, then in full view if the video, walk over and at close range put 5 rounds in the chest, up until that point, he was fully protected by the law of self defense. That was the point that he stepped out side of the law as to self defense, now it is up to the jury.

layton is offline  
Reply With Quote
Old 07-13-2009, 09:47 PM   #14
Feedback Score: 0 reviews
trex1310's Avatar
Join Date: Jul 2009
Location: Mobile,Alabama
Posts: 288
Liked 5 Times on 4 Posts
Likes Given: 1


Originally Posted by layton View Post
That was the point that he stepped out side of the law as to self defense, now it is up to the jury. Layton
And his psychiatrist. One may act strangely if suffering from battle
stress. I can personally attest to that. Maybe he had been enjoying a
Twinkie before the perps came in. Its a defense that's worked before.
trex1310 is offline  
Reply With Quote

Thread Tools
Display Modes

Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
Murder or Self defence. cpttango30 The Club House 35 02-03-2011 09:17 PM
Another murder suicide Jo da Plumbr The Club House 17 06-10-2009 03:32 PM