Jerome 'The Vigilante Pharmicist' Ersland - not a Gulf War veteran?

[nighttrain12]

This guy may need to be locked up at the 'funny farm' rather than in jail. He sounds like he may have been sampling the merchandise at work.

http://www.newsok.com/oklahoma-city-...adlines_widget

[Bostonfan]

This guy may need to be locked up at the 'funny farm' rather than in jail. He sounds like he may have been sampling the merchandise at work.

http://www.newsok.com/oklahoma-city-...adlines_widget

I'm glad I never defended this clown.

[kevinpate]

well, in fairness, like me, he's a wee past prime in age. And the older we get, the more we tend to forget. In this instance though, at least he is consistent.

He dinna remember he was on camera when he spun a version contrary to the footage.
He dinna remember the military keeps records of where he served, and that those might be accessible.

It does, a wee bit anyways, cause one to wonder what he might not remember next week until it's trotted out to bite at him.

[dismayed]

More came out today....

http://www.newsok.com/druggist-jerom...adlines_widget

[Midtowner]

Some people forget the value of their 5th Amendment right to (in internet parlance) STFU.

[PennyQuilts]

Well, all this is consistent with what the video. Honestly, he sounds unbalanced.

[Midtowner]

Maybe they're going for an insanity plea.

-- in that case, they're doin' it wrong.

[PennyQuilts]

Maybe they're going for an insanity plea.

-- in that case, they're doin' it wrong.

I saw the guy interviewed on TV - he sounds mentally deficient. Not necessarily crazy, but very limited. Just my impression.

[possumfritter]

I for one really don't care what his military file shows; whether he served in the Army or the Air Force; or whether he was stationed in Oklahoma, Iraq, Saudi Arabia, Kuwait or Tijuana.

In my opinion the video pretty much says it all.

I have a question though. Midtowner, maybe you can answer this? Does the family of the young boy that died have any legal basis to file suit against Ersland or the business establishment?

[PennyQuilts]

If they could avoid some sort of intervening cause they might be able to go after the business. But it is pretty hard to imagine that someone working at the pharamacy would do something that egregious so my guess is that the pharamcy has some defenses - but an Oklahoma tort lawyer could respond better than I could.

I don't know why they couldn't go after the pharmacist, civily. Think OJ.

[BBatesokc]

I've found that basically anyone can sue anyone else for just about any reason.

I'd like to hear their argument though on damages, considering the public was probably better off with this kids death as he was headed down a very dark path.

The pharmacist's lies only strengthen my belief he should be prosecuted. In the absence of the defendant's ability to recount the events truthfully then it should be left up to a jury.

[Midtowner]

I have a question though. Midtowner, maybe you can answer this? Does the family of the young boy that died have any legal basis to file suit against Ersland or the business establishment?

The cause of action would be for wrongful death. If Ersland is found guilty or pleads out to a homicide crime, I think the only question is going to be damages. Damages in wrongful death cases are measured by an estimate of the lost income the kid would have produced over his lifetime and a number of other items. There can also be substantial punitive damages.

I think the pharmacy should also be on the hook as well. While ordinarily, an employer won't be held liable for the acts of its employees which are intentional torts or crimes which exceed the scope of its employment, here, I think the facts might paint a different picture. If Ersland was allowed to keep a number of firearms on the premises, then the employer seems to be validating the wrongful behavior. Further, the pharmacy might be held liable for negligent hiring and possibly negligent entrustment of a firearm. Here too, substantial punitive damages can come down as well.

The ground here for civil liability is fertile. I imagine "Speedy's" family is just waiting until the criminal aspect here wraps up.

[possumfritter]

Thank you Midtowner. And good point ECO, about OJ. But I do hope, in this case, the Jury comes back with a conviction.

[USG '60]

A question. If the kid was married and had children, I can see why a wife might have grounds to sue for the income he would have made. But absent that it seems to me that his parents, guardians or whatever will be saving money without him to feed and house. Could they say with a straigt face that he was going to suppport them in the future. I can't help but feel that a suit would be a total joke and without legal grounds.

[possumfritter]

...it seems to me that his parents, guardians or whatever will be saving money without him to feed and house. Could they say with a straigt face that he was going to suppport them in the future.

USG 60---Come on now. Can't you have a wee bit of compassion for the family? Granted, this young man made a terrible decision, but he paid for that decision with his life.

[USG '60]

I DO feel for them. I'm sure they had dreams for him and that they loved him, but to my mind (and heart) that would not give them they right to sue for any more money than to bury him. If money would assuage their anguish I belive it would nullify their it's sincerity. They have a right to mourn but not to be paid to quit mourning.

[BBatesokc]

USG 60---Come on now. Can't you have a wee bit of compassion for the family? Granted, this young man made a terrible decision, but he paid for that decision with his life.

Actually, he paid with it with two lives - his and the pharmacists. Ersland's life will never be the same regardless of the trial's outcome.

[USG '60]

So true, Brian.

[OKCisOK4me]

As big a boy as Ersland was, all he had to do was sit on top of the unconscious kid until the police got there. He didn't have to shoot him.........five times.........after the fact...........one of those--once..........in the head. I'm just sayin--that's plain murder, not defense.

[USG '60]

There is no doubt he was in a state of panic and we have all done stupid things in a panic state. Maybe we were just lucky nothing really really terrible happened. Regardless, I wish he hadn't shot the second gun and I feel quite sure he wishes the same thing. Punish him if you must but make it the deprivation of his guns, maybe some public service to boot, but not prison. He was forced into the panic state, he didn't ask for it. And again, the family deserves nothing other than our sympathy.

[mugofbeer]

Just for the sake of the debate, if the perp's family would have felt so badly about what happened, wasn't it the perp's mother and her boyfriend who put him up to the robbery in the first place? To have a mother who supported you to commit a crime with a gun in hand doesn't lead me to believe she really gave a hoot about her son.

[mugofbeer]

Second question - if you were on the jury, knowing what you know, would you be inclined to convict Ersland of 1ST DEGREE MURDER?

[USG '60]

Just for the sake of the debate, if the perp's family would have felt so badly about what happened, wasn't it the perp's mother and her boyfriend who put him up to the robbery in the first place? To have a mother who supported you to commit a crime with a gun in hand doesn't lead me to believe she really gave a hoot about her son.

If that is the case, THEY should be in prison. I don't recall having heard that.

[mugofbeer]

I can't research it where I am now but I believe that's what was reported at the time of the crime. Tell me if I am wrong.

[possumfritter]

USG 60,

I do understand better where you were coming from now. I wasn't advocating that the parents should be compensated in any way. I was merely curious if Oklahoma Statutes allowed parents to file a civil suit in a case like this.

Accept my apologies if you thought I was being critical, and that's not to say you thought that.

I might have worded my earlier comment differently if I hadn't been trying to eat a bowl of chili at the same time I was commenting.