[Kevin]

I'm not sure you could even get away with this in Texas. The kid was unarmed, unconscious, and lying on his back with his arms spread out. Ersland left the building, then came back, then stepped over the unconscious kid, went back to his counter, got his gun, walked over, leaned in and shot five more times.

Why it's not manslaughter is that in Oklahoma, there is no preset time for premeditation. The uniform jury instructions (based on case law) say it can happen in "an instant."

The appeal will probably be your typical felony appeal, full of a bunch of crap that the court will call harmless error. This isn't one I'm broken up about.