The way I see this .. if the second robber was still alive, he was still a threat and how was the pharmacist to know if he was playing possum or really incapacitated. Stories like this make me sick.
So - it's murder because it took more than one shot to kill him? Or is it murder because he shot him again after he was dead? Dead is dead - and it sure sounds like self-defense to me. Nope - I just don't get it.
As much as I think the miscreant bastards had it coming, this guy crossed the line. . . "Ersland is seen chasing the second man outside before returning, walking past Parker to get a second gun then going back to Parker and opening fire." . . You can't walk back over the bleeding perp, THEN get a second gun, THEN walk over and shoot the perp 5 more times. As justified as it might be from a moral stand point, legally it leaves you with your posterior, nude, in a brisk, breeze.
Seriously Svenska, you don't get this? Even in OK and TX this is over the top. If you're going to shoot someone 5 or 6 times, you have to do it all at once. And you can't reload, or retrieve another weapon.
I fully realize that he went over the top! I just wonder at what point it becomes first degree murder. If he'd killed him with the first shot would it have made a difference?
I'm a little shy of that 1st DEGREE murder charge. I always thought 1st degree, was premeditated murder.He shot him, he wasn't dead, went out to chase the other guy, came back in and retrieved a second gun to finish him off. Sure sounds premeditated to me.
On the other hand, if he hadn't finished him off, the bastard probably would have sued. The lesson? Don't install video cameras.
This is a classic case of someone going from being right, to being wrong. This guy's got a very serious problem. The premeditation (planning) comes in because after shooting the perp, he put his gun down and went and got the 2nd gun, (that's the planning) even though there was no longer a threat of deadly force being used against him or the women. He had no justification for firing any more shots after the first one that downed the perp. Another problem he has is that the armed robber ran from the scene and he shot the unarmed perp. (where was the threat? Did he see the perp holding a gun? Was he in fear for his life, and why?) That will be a major point in the prosecution's case.
There "could be" extenuating circumstances involved here, ie: had this store owner been held-up before? Had he ever been shot by robbers before? etc. I sure hope he's got the best damned lawyer he can find, because he's gonna need it!
This is a clear cut case of manslaughter. You can hold him at gunpoint if you are still concerned about him getting back up or "playing possum". You don't get to walk up and dispatch him with 5 more shots while he's laying on the floor. I'm sorry, the guy overstepped. Big time.
1st degree murder is a little harsh, or any murder at all. Manslaughter fits the bill. He was under duress, unders strain, and reacted poorly. That's manslaughter, not murder.
10 comments:
So - it's murder because it took more than one shot to kill him? Or is it murder because he shot him again after he was dead? Dead is dead - and it sure sounds like self-defense to me.
Nope - I just don't get it.
Oh yeah - and for Poots...
EAT ME!
As much as I think the miscreant bastards had it coming, this guy crossed the line.
.
.
"Ersland is seen chasing the second man outside before returning, walking past Parker to get a second gun then going back to Parker and opening fire."
.
.
You can't walk back over the bleeding perp, THEN get a second gun, THEN walk over and shoot the perp 5 more times. As justified as it might be from a moral stand point, legally it leaves you with your posterior, nude, in a brisk, breeze.
Seriously Svenska, you don't get this? Even in OK and TX this is over the top. If you're going to shoot someone 5 or 6 times, you have to do it all at once. And you can't reload, or retrieve another weapon.
I fully realize that he went over the top! I just wonder at what point it becomes first degree murder. If he'd killed him with the first shot would it have made a difference?
I'm a little shy of that 1st DEGREE murder charge. I always thought 1st degree, was premeditated murder.
I'm a little shy of that 1st DEGREE murder charge. I always thought 1st degree, was premeditated murder.He shot him, he wasn't dead, went out to chase the other guy, came back in and retrieved a second gun to finish him off. Sure sounds premeditated to me.
On the other hand, if he hadn't finished him off, the bastard probably would have sued. The lesson? Don't install video cameras.
This is a classic case of someone going from being right, to being wrong. This guy's got a very serious problem. The premeditation (planning) comes in because after shooting the perp, he put his gun down and went and got the 2nd gun, (that's the planning) even though there was no longer a threat of deadly force being used against him or the women. He had no justification for firing any more shots after the first one that downed the perp.
Another problem he has is that the armed robber ran from the scene and he shot the unarmed perp. (where was the threat? Did he see the perp holding a gun? Was he in fear for his life, and why?) That will be a major point in the prosecution's case.
There "could be" extenuating circumstances involved here, ie: had this store owner been held-up before? Had he ever been shot by robbers before? etc. I sure hope he's got the best damned lawyer he can find, because he's gonna need it!
It's against the law in most states to desecrate a corpse. He may be guilty of that…
Send him to anger management.
This is a clear cut case of manslaughter. You can hold him at gunpoint if you are still concerned about him getting back up or "playing possum". You don't get to walk up and dispatch him with 5 more shots while he's laying on the floor. I'm sorry, the guy overstepped. Big time.
1st degree murder is a little harsh, or any murder at all. Manslaughter fits the bill. He was under duress, unders strain, and reacted poorly. That's manslaughter, not murder.
But he doesn't get to walk
Lesson learned,
Next time:
Better aim
Higher caliber
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