Druggist Jerome Ersland says he feared for life during shooting
Man remains free on bail after turning weapons over to his attorney
Published: June 2, 2009
A pharmacist charged with first-degree murder said Monday he shot a robber again on the city drugstore’s floor because he thought the robber was about to get up and kill him.
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Attorney says guns have been turned over
The interview Monday was Ersland’s first to the media since he was charged Wednesday.
"I still think he had a gun,” Ersland said Monday. "Because he was closer to me, and I felt a sting on my hand and my watch fell off. I had a shot in my hand, and I thought it came from that side and that was the side that the girls were on and I thought ... that he shot Megan.”
Prosecutors contend only Ersland fired any shots during the holdup.
A police detective said Ersland gave statements to the media earlier and to police that do not match a drugstore video depiction of the shooting.
Ersland is free on $100,000 bail.
Oklahoma County District Judge Tammy Bass-LeSure on Thursday allowed him to be released from jail on bail as long he no longer has any access to any weapons.
The judge questioned him Monday to determine if he had complied with the restriction.
"I gave every weapon of mine to my attorney. I swear to the Lord,” Ersland told the judge Monday. "I have no rights to them.”
The attorney, Irven Box, said Ersland gave him ownership of the weapons as a down payment on the legal fees in the murder case.
The attorney said he personally picked up the weapons Friday at Ersland’s home in Chickasha. "It took several hours,” Box said.
Ersland had been expected to turn over the guns to his attorney for safekeeping until the trial was over.
Instead, the attorney said he took the weapons as payment toward his legal work.
Box said he has accepted other unusual payments in the past, including comic books in one case.
Box said he will keep the guns for now because he is too busy with Ersland’s case to sell them.
What’s next for pharmacist?
Ersland will return to work today, his attorney later told The Oklahoman. The pharmacy’s owner has hired an off-duty police officer to guard the store whenever Ersland is there, the attorney said.
Ersland on Monday began wearing an ankle bracelet that monitors his location, the attorney also said. Ersland can only be away from home to be at work, to be in court, to shop for groceries, to eat, to worship at church, to see doctors or to meet with his attorneys.
The hearing Monday turned tense when the judge asked Ersland how many weapons he had owned. Box told Ersland not to answer, and the judge warned them Ersland would go back to jail unless he gave her the total. "This is so unfair!” Box said to the judge.
The judge let Ersland stay free, though, after both the defense attorney and District Attorney David Prater argued he shouldn’t have to answer. They said requiring Ersland to answer would violate his constitutional rights. Box said Ersland has a right under the Fifth Amendment not to incriminate himself.
Prater said a statement about the number of weapons could be used against Ersland at trial.
The judge, however, said she will never again let a defendant turn over his weapons to his defense attorney. "I learned a valuable lesson,” she said.
Ersland’s supporters have dropped off more than $2,000 at the pharmacy toward his legal fees, his attorney said.
Box said a cab driver stopped at his law office Monday to contribute $20.
Box said on Fox News on Monday a drugstore surveillance video shows the incident lasted 46 seconds.
The video showed Ersland first shot Parker as Parker pulled on a ski mask. The pharmacist then chased an armed robber out of the store, returned to get a second gun and shot Parker again.
Prosecutors say the two guns Ersland used in the shooting were collected as evidence.
Two ex-convicts and a 14-year-old boy also have been charged with first-degree murder in the case.
Under Oklahoma’s felony murder law, conspirators in a robbery can be charged with first-degree murder if someone dies during the robbery.
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