A pharmacist accused of shooting a would-be teen robber five times as he lay unconscious on the floor wants a judge to dismiss a murder charge against him.
Prosecution and defense attorneys are scheduled to argue a motion to throw out the first-degree murder charge against Jerome Ersland on Thursday before Oklahoma County District Judge Tammy Bass LeSure.
Ersland shot 16-year-old Antwun Parker in the head, knocking him unconscious, during an attempted robbery in May 2009.
The pathologist who performed the autopsy described the head wound as nonfatal. But other pathologists who have reviewed the case say they would not have classified the shot as nonfatal.
Prosecutors maintain there is physical evidence that Parker was alive when the second volley of shots were fired.