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Old July 15, 2011, 09:54 AM   #151
Join Date: June 8, 2008
Posts: 3,547
Posted by geetarman: The pharmacist, IMO, was wrong to shoot the perp on the ground after he was down and posed no immediate threat, but I cannot see first degree murder.
Twelve Oklahoma jurors who heard the testimony and who saw and considered the evidence, and who were instructed about what constitutes first degree murder in the state of Oklahoma, did not take very long to decide unanimously that the crime was first degree murder.

My first reaction in learning that Ersland was to be charged with first degree murder was one of surprise, but after reviewing the law, the jury instructions, and the circumstances of the case, the reasons became crystal clear to me.

Ersland purposely fired multiple shots into the person on the floor. One can only conclude that he did so with the intent to take the man's life unlawfully.

And that's that.

I think he will spend some time in prison...
No doubt about it.

...and will walk after an appeal and retrial.
Can you come up with any conceivable reason for an appeals court to require a retrial?
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