The Pharmacy Doctrine--too late for this session
Pharmacist who shot would-be robber posts bailOKLAHOMA CITY � A pharmacist accused of first-degree murder in the shooting of a would-be robber was released on $100,000 bail Thursday in a case that has stirred debate about self-defense rights.
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District Attorney David Prater said Ersland was justified in shooting Parker once in the head. But Prater said Ersland went too far when he shot Parker five more times while Parker lay unconscious.
LinkHypothetically, if he was dead after once being shot in the head, wouldn't it be abuse of a corpse rather than murder. I mean, if you were dead set on prosecuting a business owner shooting a robber?
May 29, 2009, 13:56
John GreenwoodI guess "shot Parker five more times while Parker lay unconscious," takes away any chance at the right to continue to shoot jury instruction - "the defendant had the right to continue to shoot until the danger or apparent danger ceases. The danger being viewed from the defendant's standpoint at the time of the difficulty."
May 31, 2009, 00:50
John B. LyonsStatements like that make me wonder what type of lawyer District Attorney David Prater was before he became a prosecutor.
June 03, 2009, 16:09
JohnWLooks like he's a politician.
The surveillance video I saw online doesn't show what the bad guy was doing when on the ground. He was out of the scene, blocked by shelving.
Does Nifong have a half-brother?
June 03, 2009, 18:00
John TalleyI suspect that the DA will have a much harder time proving that the deceased was still alive, than the defense will have proving, if he was, he did not deserve to be.
We need a poll:
1. no bill
2. guilty of murder
3. not guilty
4. guilty of a lesser ie. abuse of a corpse
5. not guilty and he gets: a key to the city, they rename the NRA banquet and a city park after him.