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You're thinking of the Felony Murder Rule. It's not applicable to Ersland in this cases, but they applied it to the adults that instigated the robbery.
This is why I am not a lawyer.
In retrospect, I would have stayed on course and gone to medical school and become a cosmetic surgeon, but I got lazy.
Think you might make a better Boss Hogg. Got any of that special brew ?
VERY WELL SAID
Ersland made a choice to arm himself in the pharmacy. Ersland made a choice to defend himself and the other employees in the pharmacy. I appluad these things. These are also the facts that likely endeared him to us as gun rights and self defense advocates, but they cannot excuse his other choices that went beyond self defense.
I understand those with a point of view that the "heat of the moment" is not easy to deal with and "you don't know what you'd do". - To that, I say train. Train yourself tactically to be able to properly identify threats. Train yourself mentally to do the right thing regardless of the stress, anger, etc...
I think that Ersland conditioned himself mentally to act exactly as he did.
if one looks at only the evidence that's slowly peculating out. then let's ignore the grandstanding from:
1. Ersland
2. Box
3. the Judge
4. Prater
5. media
6. shot thug's mom
7. Medical Examiner
did I leave anyone out?
yes totally agree Ersland no way should have taken the additional five shots. and that he's guilty of a serious charge, but not murder 1.
1. what if downed thug was already dead when additional five shots was taken?
2. evidence shows thug never moved again after going down. thus supporting the possibility thug was already dead when 5 additional shots was fired.
3. dispite ME's testimony thug was alive when second fire shots were taken. facts say otherwise, as it's impossible to determine of death within 30 seconds. it just cannot be done.
4. Box is 70 years old and highly likely way past his prime. His defense of Ersland was weak at best, incompetent at worst.
5. have not read the transcript, but reading notes from folks that was at the trial. it's evident Judge's rulings were slanted grossly in DA's favor. seems either Box was incompetent and/or Judge's rulings were biased.
6. managed to suffer through half of Ersland's initial interview before I couldn't stand any more of Ersland's bald face lies. what also came out was Ersland while being interviewed was STONE FACE HIGH on drugs. compare his speech patterns in his jail house interviews, where we know he's not on opiates.
evidence points to Ersland being Stoned out of his mind on drugs (opiates) during his interview and likely when he shot the thug . just like a drunk will make outrageous statements. so did Ersland only on tape, under a microscope
7. media has managed to whip folks up into a frenzy.... a good portion of stories posted all over contains factual inaccuracies. but that's never stopped a good story...
8. it would be a gross injustice if dead thug's mom ends up profiting from her son's death. where was she when her son started running around with the wrong crowd?
have tried sticking to only the evidence and ignoring all the grandstanding.
please let me know if anyone disagrees with my interpretation of the evidence.
1. Ersland
2. Box
3. the Judge
4. Prater
5. media
6. shot thug's mom
7. Medical Examiner
did I leave anyone out?
yes totally agree Ersland no way should have taken the additional five shots. and that he's guilty of a serious charge, but not murder 1.
1. what if downed thug was already dead when additional five shots was taken?
2. evidence shows thug never moved again after going down. thus supporting the possibility thug was already dead when 5 additional shots was fired.
3. dispite ME's testimony thug was alive when second fire shots were taken. facts say otherwise, as it's impossible to determine of death within 30 seconds. it just cannot be done.
4. Box is 70 years old and highly likely way past his prime. His defense of Ersland was weak at best, incompetent at worst.
5. have not read the transcript, but reading notes from folks that was at the trial. it's evident Judge's rulings were slanted grossly in DA's favor. seems either Box was incompetent and/or Judge's rulings were biased.
6. managed to suffer through half of Ersland's initial interview before I couldn't stand any more of Ersland's bald face lies. what also came out was Ersland while being interviewed was STONE FACE HIGH on drugs. compare his speech patterns in his jail house interviews, where we know he's not on opiates.
evidence points to Ersland being Stoned out of his mind on drugs (opiates) during his interview and likely when he shot the thug . just like a drunk will make outrageous statements. so did Ersland only on tape, under a microscope
7. media has managed to whip folks up into a frenzy.... a good portion of stories posted all over contains factual inaccuracies. but that's never stopped a good story...
8. it would be a gross injustice if dead thug's mom ends up profiting from her son's death. where was she when her son started running around with the wrong crowd?
have tried sticking to only the evidence and ignoring all the grandstanding.
please let me know if anyone disagrees with my interpretation of the evidence.
Well ... if we are gonna play it that way then I totally agree with Murder 1 because ...
One time Ersland said Parker was still moving, another time he said Parker was cussing at him ... Last time I checked dead men don't move and/or cuss.
Ersland lied about ... previous military service, previous shootings he had been in, previous injuries, said police had concealed evidence, he planted fake evidence ... Granted, it's not much of a stretch to think that he lied about Parker moving and cussing too but he made his own bed.
All of this to me indicates that Ersland had given a lot of thought as to how "things would go down" if he were ever to be robbed. To him, this was not an unfortunate incident ... By God it was his lucky day!!! That's premeditation.
Now ...
if he told the truth about Parker still being alive there was plenty of evidence at trial that Parker was not a threat (eyes covered with the ski mask, for example) ...
if he lied about Parker still being alive then ... well ... maybe if he'd just told the truth he wouldn't be in this mess.
No matter how you cut it Ersland's troubles are of Ersland's making. Shooting someone while defending himself and the women in the store is not what got him where he is now.
last time I fired a gun w/o hearing protection, I couldn't hear for at least a couple minutes...
Well apparently Jerome didn't have that problem because he said he heard Parker cussing at him.
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