Pharmacist who killed robber guilty of murder

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alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
My thinking is that the prosecutor in all likelihood offered this guy a decent plea deal, probably something like voluntary manslaughter or negligent homicide with minimum time, but this cantankerous old dude probably told him to shove it up his ass and he would take his chances with the jury. Soooo....here we are.

The video was more than likely something that made it impossible to do this, not the old dudes attitude.
 

tcsenter

Lifer
Sep 7, 2001
18,421
293
126
The video was more than likely something that made it impossible to do this, not the old dudes attitude.
Prosecutors have lots of discretion and there was a fair amount of support for this guy. Prosecutors offer favorable deals to people all the time where the trial could well end-up being this process which results in one or two mistrials because of that risk of there being one or two jurors who refuse to convict.
 

Zenmervolt

Elite member
Oct 22, 2000
24,512
21
81
dumb, the guy was probably already dead since he was shot in the head.

So basically, he is sentenced to life in prison for shooting a dead person.

First things first.

My personal view: Ersland is an idiot for chasing the guy after he left the pharmacy and Ersland is morally repugnant for returning, getting a second gun, and shooting the injured boy 5 more times. Speaking as a card-carrying member of the NRA and an owner of numerous firearms, Ersland deserves his conviction. He was irresponsible and allowed himself to get carried away, which is simply not permissible when dealing with firearms.

That said,

Legal evaluation: This is, of course, getting appealed, but the appeal isn't going anywhere. The jury verdict appears legally correct. The jury found that Parker was still alive after being shot in the head, and that Parker did not represent a threat after being shot, which are the critical findings of fact in this case. Unless there are other errors in the case, an appeals court isn't going to turn this one around. Appellate courts almost never overturn jury's findings of fact and there's only one ultimate legal conclusion based on the jury's finding that Parker was still alive but presenting no danger after the first shot.

ZV
 

Zebo

Elite Member
Jul 29, 2001
39,398
19
81
Advocate and other JDs, could he have claimed temp insanity/shock in any way? I mean it's not everyday we're robbed at gun point.
 

TheAdvocate

Platinum Member
Mar 7, 2005
2,561
7
81
Advocate and other JDs, could he have claimed temp insanity/shock in any way? I mean it's not everyday we're robbed at gun point.

That is play #1 for most defense strategies. Play #2 would be to go for a continuation of the heat of the moment (2nd degree), though that video makes it an almost unwinnable argument.

Neither of them are very good, but with the right expert and the right witness (and a sympathetic jury pool), it's possible to pull off the temp insanity defense.
 
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TheAdvocate

Platinum Member
Mar 7, 2005
2,561
7
81
After reading the replies, I'm trying to ascertain if alkemyst's inaccuracy is overwhlemed by his undeserved self righteous douchebaggery.

I'm going to go with yes.
 

Nerva

Platinum Member
Jul 26, 2005
2,796
0
0
If the kids are gonna do some dirt, they better be prepared to face the consequences. Also, what's the lesson here for other store proprietors? If you are going to shoot your robbers, make sure you finish one off before chasing after the other?
 

BUTCH1

Lifer
Jul 15, 2000
20,433
1,769
126
If the kids are gonna do some dirt, they better be prepared to face the consequences. Also, what's the lesson here for other store proprietors? If you are going to shoot your robbers, make sure you finish one off before chasing after the other?

If he had shot him 5 times from the get-go he would not be in trouble now. Kid obviously lacked any father-figure in his life and sadly, as a society we reward women who pump out kids out of wedlock with more government aid..
 

Codewiz

Diamond Member
Jan 23, 2002
5,758
0
76
This is simple. The first shot was justified. He couldn't know the kid wasn't armed. He didn't know what the kid was doing.

First shot 100% justifiable. However, he was convicted because coming back in the store and pumping more shots into the downed kid was not justifiable. I mean the kid was hit in the head. No justification for that.
 

classy

Lifer
Oct 12, 1999
15,219
1
81
This to me seems cut and dry. He shot that kid in the head and was justified in doing so the first time. But to come back and pump 5 more bullets in a person who is down already, that's executing a person, that is 1st degree murder.
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
This to me seems cut and dry. He shot that kid in the head and was justified in doing so the first time. But to come back and pump 5 more bullets in a person who is down already, that's executing a person, that is 1st degree murder.

murder perhaps, but it wouldn't be 1st degree.

I don't agree with what the pharmacist did. However, had he shot the kid in the head and immediately fired those extra rounds it'd be easier to accept.

In the end though I stand behind my belief that castle doctrines should be applied to all working in a building along with your home and car. Don't have to retreat, don't have to meet with equal force, don't have to be afraid...they come onto your grounds to threaten; they leave with a toetag.
 

classy

Lifer
Oct 12, 1999
15,219
1
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murder perhaps, but it wouldn't be 1st degree.

I don't agree with what the pharmacist did. However, had he shot the kid in the head and immediately fired those extra rounds it'd be easier to accept.

In the end though I stand behind my belief that castle doctrines should be applied to all working in a building along with your home and car. Don't have to retreat, don't have to meet with equal force, don't have to be afraid...they come onto your grounds to threaten; they leave with a toetag.

1st degree plain and simple. Premeditated means to plan and to deliberately kill. Even in the aftermath of a deadly situation. The threat was neutralized, but he still decided to kill the person.
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
I think you don't understand what 'planning' means or is this because you feel it was a hate crime?
 

classy

Lifer
Oct 12, 1999
15,219
1
81
I think you don't understand what 'planning' means or is this because you feel it was a hate crime?

Will you stop with the black shit all the time, damn. He shot the kid rightly so. But in the aftermath he planned in his mind that instant to kill the kid. He then went and reloaded and step over the kid and pumped 5 bullets in him. That is premediated murder. Premediated is confined within a certain time frame. I should know, a close one to me is due next month for sentencing on 1st degree murder. I think I fucking knowing what it means.
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
Will you stop with the black shit all the time, damn. He shot the kid rightly so. But in the aftermath he planned in his mind that instant to kill the kid. He then went and reloaded and step over the kid and pumped 5 bullets in him. That is premediated murder. Premediated is confined within a certain time frame. I should know, a close one to me is due next month for sentencing on 1st degree murder. I think I fucking knowing what it means.

You are our local NAACP ambassador so just making sure.

Premeditated is more than coming up with something in the 'heat of the moment'/within minutes of an event taking place.

Premediation is knowing ahead of time you are going to kill someone and plotting that end. It's not needing any catalyst, but simply walking right up to and executing them.

This would fall under 2nd or 3rd degree tops.
 

classy

Lifer
Oct 12, 1999
15,219
1
81
premeditated - characterized by deliberate purpose and some degree of planning; "a premeditated crime"

Thought - I am going to kill this kid
Action - I am going to reload and shoot him 5 more times

I don't know what his defense was, but his attorney should have used some type of defense similar to crime of passion or heat of the moment. Maybe his attorney did I don't know.

There is no justification for shooting a person 5 more times and they are already knocked out from a bullet to the head.

Is this flimsy for 1st degree? I believe so because of the circumstances, but obviously the jury based on what they heard agreed.
 

classy

Lifer
Oct 12, 1999
15,219
1
81
Also let me be clear, the kid's mom is f'ing idiot and the kid was a loser. And hearing her I can see why he ended up the way he did.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
You are our local NAACP ambassador so just making sure.

Lol....

The pharmacist is a hero in my book. Even if one criminal is taken off of the street, that is positive. Although the pharmacist should have been aware of the camera on the premises and done something about the incriminating video...
 

classy

Lifer
Oct 12, 1999
15,219
1
81
Lol....

The pharmacist is a hero in my book. Even if one criminal is taken off of the street, that is positive. Although the pharmacist should have been aware of the camera on the premises and done something about the incriminating video...

I doubt it was the video that got him convicted. I bet any amount of money one of the other co-workers probably testified the pharmacist was calm before he shot that kid the second time.
 

mikeymikec

Lifer
May 19, 2011
18,060
10,242
136
@ NetWareHead

Yup, he would be considered a hero, providing positive reinforcement for killing people. Continue that logic to its conclusion and he'll be using his "better judgement" to determine who lives and who dies.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
@ NetWareHead

Yup, he would be considered a hero, providing positive reinforcement for killing people. Continue that logic to its conclusion and he'll be using his "better judgement" to determine who lives and who dies.

Where I come from, the teenager ceased being a human and became a threat to life instead. I don't feel bad stomping on vermin or flushing a turd and likewise have no sympathy for him either. The teenage criminal got what he deserved and hopefully serves as a deterrent to others of his kind.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
I doubt it was the video that got him convicted. I bet any amount of money one of the other co-workers probably testified the pharmacist was calm before he shot that kid the second time.

Probably right. A google search on the pharmacist's name reveals other articles mentioning two female employees in the store.
 

Svnla

Lifer
Nov 10, 2003
17,999
1,396
126
Where I come from, the teenager ceased being a human and became a threat to life instead. I don't feel bad stomping on vermin or flushing a turd and likewise have no sympathy for him either. The teenage criminal got what he deserved and hopefully serves as a deterrent to others of his kind.

The bolded parts = I totally agree.

Stop being PC. Just call it what it is. He was a teenager CRIMINAL. He was no kid. Kid doesn't committ FELONY crime WITH weapon.

I don't care if the CRIMINAL is white/black/green/purple/etc. or fat/skinny/straight/gay or tall/short or young/old or whatever. When a CRIMINAL wants to do FELONY crime, he or she forfeits to be treat as human being.
 

mikeymikec

Lifer
May 19, 2011
18,060
10,242
136
Where I come from, the teenager ceased being a human and became a threat to life instead. I don't feel bad stomping on vermin or flushing a turd and likewise have no sympathy for him either. The teenage criminal got what he deserved and hopefully serves as a deterrent to others of his kind.

Yet the teenager who was killed wasn't holding a gun, and you don't regard the person who actually took a life as being a threat to life.
 
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alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
And yet the teenager who was killed wasn't holding the gun, and you don't regard the person who actually took a life as being a threat to life.

sorry brah, some hoodrats charge in and only one has a gun; they all get treated as if they were armed here.

Do you think the unarmed dude was just there to document the event for gangsta prosperity?

Sadly it's usually the chump that gets it and the more seasoned dude bails early and lives to see another day.

Equally sad is it's usually only when these chumps get caught to they finger their accomplices.
 
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