Tuesday, June 2, 2009

Lessons in Self Defense; Watch the David Prater Verbal Dance

© 2009 Albert A Rasch

In an interesting case of self defense, a Pharmacist, Jerome Ersland, 57, was charged with first degree murder this past Wednesday in Oklahoma County District Court. He is accused of killing Antwun Parker on May 19, when Parker and another thug tried to rob the Reliable Pharmacy in south Oklahoma City.

Watch the Oklahoma City District Attorney, David Prater, verbally dance around the situation. He alternately calls the dead felon a young man, Mr., small child, child, for a second there I thought he was going to call him one of god's angels. It is a long video, but what I think is most important is what YOU should do and not do when involved in a shooting.

If you have time, watch the press conference:

Press Conference

A couple of observations. 75% percent of viewers say he should not be charged, 20% say he should, and 5% say they don't know.

If you are ever involved in a self defense situation, you give the cops your name and that is it. Tell them you don't feel well, you want to go to the hospital. NO more, NO less. The next thing you do is get an attorney. Have him meet you at the hospital. Do not allow your ego or sense of righteousness get you in trouble. Don't let the law enforcement people badger you into speaking. Wait on the attorney.

There are several resources on the net that give excellent instruction on this kind of situation. It is wise to be well informed.

Best regards,


native said...

Another piece of crap D.A. capitalizing upon the very life of an individual, who did exactly what any person that has ever been in or has had a loved one in that type situation before.

You make sure that the gun wielding dirtbag does not get up to shoot you, or anyone else ever again!!

Nuff" Said Bout" That!

flea said...

While I honestly don't agree with how the shooter handled the situation after the suspect was down, I predict he will not be convicted. The DA is a idiot; a 1st degree murder charge WILL NEVER stick.

Anonymous said...

speculation is that the DA was pressured to charge by (don't know) and purposely charged 1st degree knowing it would be nullified by jury.... esp in Oklahoma.

I think that would explain the 1st degree charge. No way to prove premeditation/intent and there are few districts in the south where a DA could prevail. Hopefully, the speculation is correct.

Good advice about lawyering up fast.

dukkillr said...

Fascinating from a legal and ethical standpoint. I agree with your advice about an attorney but you'd be surprised at the number of people who think they can outwit the police. It basically never works. It isn't that the police are smart, it's that they make a record of everything.

My intial thought was that this would be a closer call than it is. While it may be difficult to find a jury that will convict him, I feel pretty confident in saying that I don't think what he did falls within the protection of the law. Also remember that he can be charged with first degree and convicted of a lesser included charge. In fact, if this goes to trial I wouldn't be surprised to see that outcome.

Two general pieces of advice:
1) Don't shoot incapacitated people in the back, especially 5 times.
2) Don't say anything to anyone until you've had a chance to speak to an expert

Phillip said...

The pharmacist went WAY over the top. Lethal force was justified, so I don't think he'll get a murder rap (I hope he doesn't), but coming back after chasing the other thug and dumping five more rounds into this guy was overkill.

Anonymous said...

Actually Phillip, I think shooting like that shows he was not trained... emotions ran high and he overracted.

When I took my CCL course here in TX our instructor cautioned against head shots and never keep your targets from the range... as good shooting evidence could show a jury that you prepared and became a killing machine with a gun, just waiting for an attack.

So really, we're damned if we do and damned if we don't. I think a good lawyer can show this was an obvious unrational reaction to a high stress incident to an armed, but not highly trained civilian who was trying to defend himself and others in the store.

Also, It's up to the DA I think ( maybe the judge) if lesser charges can be considered... it's not automatic... it could be all or nothing.. it happens. I hope he gets aquitted and is wiser for it.


native said...

I personally would love to see that District Attorney placed in the same situation as the defendant was that afternoon.

Then, if he is still alive to tell the tale, lets see how many times he refers to his assailants as "Children"!!!

I know that I said Nuff" Said" but there is way too much deliberation going on with this one.
When you have had firearms pointed at you close up, it makes you see "all" things with a highly different perspective.

These "children" in our society today need to "man" up if they decide to pick up a firearm and point it in the direction of another fellow human being.

Remember, Clyde Barrow was 19 when he killed his first (known) man and only 23 when he was finally dispatched, William Bonny was only 13 when he killed his first man.

My loved ones are much too precious to me to suffer the presence of a low life like those two individuals in the video.

I might have even continued chasing the other one down..........

native said...

Also remember that right now as we talk about this, the defendant (man, talk about a topsy turvy world, now he is the defendant), that he has had his firearm privileges stripped from him, probably had all firearms confiscated and is now left completely defenseless.

The D.O.J. is having a field day with him, and also....

I can bet you and win, that the relatives/gang buddies of the deceased individual are currently discussing Vigilante Revenge!

tom said...

Show me what is unseen in the film and I'll make a judgement. Until then I'll assume the pharmacist was justified.

It's very possible he didn't have a reload (bad idea) and fetched the other gun to go stand guard until the police arrived and then the armed suspect started to become active/aggressive again. One's only looking at one side of the picture in the film.

We're any of you who are criticizing the pharmacist there as witnesses?

Didn't think so.

Therefore you don't know if the mag dump was a good idea or not.

Easy to Monday morning quarterback a decision if a guy never pointed a gun at you and you don't have all the facts. Debating an issue without all the facts is sorta stupid, though.


tom said...

My Texas CHL instructor (and personal friend) says (it's CHL not CCL Anonymous) the first bullet is going to cost you 100k in court(s). May as well kill him if he's worth bothering shooting.

For the other person

As to Texas, fellow not far from me shot a fellow in self defense on his property 8 times, 4 in the back as the guy was hollering he was going to his house to get a shotgun and come back and kill him. No billed.

Judge not lest ye have all the facts, internet jurors...

Albert A Rasch said...


I finally got a real job so I have been remiss in replying to everyone's comments.

I'm going with Dukkillr on this one.

Now is that plea bargaining, and can regular people do that, or is it reserved for criminals they just want to convict on something?


native said...

Another point which Tom has brought up Albert is the fact that we do not know what is going on off camera.

The downed assailant might have been still clutching his firearm and waving it about, pointing it in the direction of the defendant, or just simply trying to crawl towards his pistol which could have been within easy reach!

We just don't have this information handy, and if I were in the same situation, and any one of the above scenarios were taking place, I would have placed a round squarely behind the assailants ear. Just exactly in the same manner as I would dispatch a caught swine.