Judge refuses recusal request in murder case involving Oklahoma City pharmacist

Oklahoma County District Judge Ray Elliott has refused a request to step aside from the murder trial of Oklahoma City pharmacist Jerome Ersland in the shooting death of a 16-year-old would-be robber.

BY NOLAN CLAY Modified: December 13, 2010 at 11:41 am •  Published: December 13, 2010

A judge today refused to step down from presiding over the trial of pharmacist Jerome Ersland.

Oklahoma County District Judge Ray C. Elliott said, "I am not a racist."

The pharmacist's defense attorneys had argued for the judge to step down, saying comments he made about Hispanics showed he couldn't be fair to anyone.

Ersland was charged with first-degree murder after he fatally shot a robber inside the Reliable Discount Pharmacy in Oklahoma City last year.

Prosecutors said he went too far. Ersland said he was defending himself.

Defense attorneys said they will appeal the judge's decision.

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