Pharmacist Gets Life Sentence

[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.

[AOII Angel]

Originally Posted by 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.

Thanks for the info, Kevin. Sad case. I don't think this kid would have done well even if the guy hadn't shot him with the other gun. The pharmacist just sealed his fate.

[Kevin]

Originally Posted by AOII Angel

Thanks for the info, Kevin. Sad case. I don't think this kid would have done well even if the guy hadn't shot him with the other gun. The pharmacist just sealed his fate.

No, his recovery prospects were pretty grim. He'd end up a ward of the state either way--in a hospital or in prison.