Pharmacist's Attorney Asks for Murder Charges to Be Dismissed

News9.com

OKLAHOMA CITY -- The attorney for an Oklahoma City pharmacist facing murder charges is asking for the case to be dismissed.

Defense attorney Irven Box is asking for the case against pharmacist Jerome Ersland to be dropped since the medical examiner on the case at the time of the shooting has since been terminated. Box said there were discrepancies in the autopsy report done on the shooting victim, 16-year-old Antwun Parker. Box said former Medical Examiner Dr. Collie Trant's report stated the first shot Ersland fired was non-fatal, but follow-up investigations done by the medical examiner's office show that as incorrect.

Read Antwun Parker's autopsy report by Dr. Collie Trant

Box said that according to new testimony by another pathologist, Ersland actually fired a lethal shot the first time he fired his gun. The earlier reports labeling his first gunshot as non-fatal led prosecutors to say Ersland's five gunshots to the suspect were unnecessary force.

"If the first shot had killed him then Jerome Ersland would a have been a hero. Well, we think he is a hero," Box said.

But Box said a review by a senior pathologist assigned to the case calls that into question.

"Based upon simply looking at his notes and the manner of death and the manner of the shot she said she would have never have put it was not fatal," Box said.

Both prosecutors and the defense team have interviewed the senior pathologist, Dr. Chai Choi and the M.E.'s office confirms those meetings did occur in May. But the M.E.'s office contends no changes have been made to the final report.

"She did not change any of the findings in this case. She did not change the cause of death as multiple gunshot wounds to the head and trunk. She did not change the manner of death from homicide. She reviewed the case but did not make any medical, any changes in any medical findings," said M.E.'s Office spokesperson Cherokee Ballard.

Ersland's attorney Irven Box wants to know why.

"I don't know. I've been told that that was a mistake on non fatal wound by another medical examiner in the medical examiners staff so I don't know why they wouldn't change that," said Box.

A hearing on the motion to dismiss the charges has been set for August 20. District Attorney David Prater would not comment on the motion but said he's ready to go to trial.

Detective David Jacobson said Ersland gave conflicting statements when he was first interviewed after the shooting.

Jacobson said Ersland's statements did not agree with surveillance video. He said Ersland claimed he was shot at, and that he shot Parker the last five times before running out of the store after a second robber and that both robbers were armed.

The video showed Ersland shooting Parker then chasing the second robber before returning to the store, getting a second gun and shooting Parker again.

Box has said Ersland felt threatened when he fired the second volley and he was just protecting himself and the people who worked at the pharmacy. Defense attorneys said prosecutors failed to show enough evidence to make Ersland stand trial for murder but the judge disagreed.

Surveillance video of the incident was played several times during the preliminary hearing. An expert testified Parker was unconscious when Ersland fired the second round of shots which made him not a threat.

Ersland is scheduled for trial on September 13.

*Irven Box also serves as NEWS 9's legal analyst.