New Evidence Raises Questions in Pharmacist's Case

A possible new piece of evidence is raising questions in the murder case against Oklahoma City pharmacist Jerome Ersland. A security guard found a shell casing at the Reliable Pharmacy three months after the incident, but some are questioning how it got there.

Sunday, February 21st 2010, 7:05 pm

By: News 9


By Jon Jordan, NEWS 9

OKLAHOMA CITY – A possible new piece of evidence is raising questions in the murder case against Oklahoma City pharmacist Jerome Ersland.

A security guard found a shell casing from a 22 caliber bullet at the Reliable Pharmacy almost three months after the incident, but some are debating how it got there.

The shell casing could have come from anywhere, defense attorney Irven Box said. It may have been in the pharmacy the entire time but was missed by police, Box said.

The shell casing could be significant because it could prove that Jerome Ersland was shot at by one of the suspects, something he's alleged from the beginning.

Ersland has said the suspects who entered the Reliable Pharmacy shot at him first and that's why he returned fire, ultimately killing 16-year-old Antwun Parker.

District Attorney David Prater said surveillance video at the time of the shooting proves the suspects never had a chance to get a shot off.

Prater said the new evidence is supicious and could have been planted.

"Two and half months after the shooting, after Oklahoma City police swept the pharmacy, the fact that a shell casing was found in the back of the store is very suspicious to me," Prater said.

But Ersland's attorney said it's too early to be pointing fingers.

"The idea that police, when they go through and do a sweep, look under every nook and crevice under everything it just doesn't happen," defense attorney Irven Box said. "To jump to a conclusion it was planted there just because police didn't find it is not a real good conclusion."

Box said he's also frustrated the evidence was leaked to the media.

"There are more confidential reports released in this case then any case in the history of my practice," Box said.

But information isn't only being leaked to the media. The Web site JeromeErsland.com claims to have pictures proving Ersland was in fact shot including a picture that claims to be an x-ray taken of Ersland's forearm showing bullet fragments he got from the day of the shooting.

"I would anticipate that if the items [pictures] were legitimate that the defense would already have submitted them," Prater said.

Ersland's attorney said he has no idea who created the site.

As far as whether the evidence was planted, Prater said the shell casing will be tested and matched against DNA to try and determine where it came from.

Attorney Irven Box also serves as NEWS 9's legal analyst outside of this case.

More on News9.com:
-
Judge Grants Permission for Pharmacist's Trial to be Televised
- Teen Pharmacy Robber Killed by Additional Shots
- Pharmacist Did Not Enter Plea During Arraignment
- Judge Upholds Subpoena of Pharmacist's Military Records
- Pharmacist Charged With Murder Returns to Work
- Pharmacist Defends Actions on National TV
- More Charges Filed in Pharmacy Shooting
- Judge's Life Threatened Over Pharmacy Case
- Second Pharmacy Robbery Suspect Arrested
- Pharmacist Released from Jail on Bail
- Pharmacist Charged With Murder After Shooting Robber
- Employee Shoots at Robbers: 1 Killed, 1 at Large
- Read the text of Oklahoma's Stand Your Ground Law

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