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More Ersland petitions given to governor

Sen. Ralph Shortey, R-Oklahoma City, says he will file a measure next year that would prohibit law officers from talking with people involved in self-defense shootings.

BY MICHAEL MCNUTT mmcnutt@opubco.com | Published: November 2, 2011

Sen. Ralph Shortey, R-Oklahoma City, left, talks to reporters. At right are Chris Oliver, Karen Monahan and Cheryle Dowdy. A small group delivered petitions to Gov. Mary Fallin at the State Capitol Tuesday afternoon, November 1, 2011, urging her to consider the conviction of pharmacist Jerome Ersland on murder charges. He is currently in prison at Joseph Harp Correctional Center in Lexington for shooting a boy who attempted to rob his southwest Oklahoma City pharmacy in May, 2009. Photo by Jim Beckel, The Oklahoman ORG XMIT: KOD

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State's pardon rules

The governor has the power to pardon a convict or commute a prison sentence. Gov. Mary Fallin has said the pharmacist's case will head to her if a majority of the Pardon and Parole Board members recommend clemency.

Under current law, Ersland will have to serve more than 38 years before he is eligible for parole, but parole board members could vote to take up his case sooner. Ersland has said he will appeal his conviction. He likely will die in prison unless he wins on appeal, the law is changed or a governor grants clemency.

“In order to protect the integrity of that process, Governor Fallin's policy is not to comment on individual requests for commutation until both the board and her office have completed their own reviews and the governor has made her final decision,” said Alex Weintz, the governor's communications spokesman.

Others helping deliver petitions were Cindy Jones, a friend of Ersland's who has formed a group called Citizens Against Armed Robbers, and Ersland's son, Jeff.

Jeff Ersland said his father is hopeful his appeal will be successful. If so, he could be out of prison in about 14 months.

“My dad keeps hope and keeps faith,” he said. “He's really hopeful to get out.”

Monahan said she visited Ersland in September and that he appeared to be doing well.

“He's gaining his weight back,” she said. “He's completely snow-white headed. ... It's completely gray in the back and it wasn't when he left.”

Shortey said he wanted to file the petitions Tuesday to also bring attention to a new law that is intended to allow business owners, managers and employees to defend themselves when they have a reasonable fear they face death or great bodily harm.

House Bill 1439, which expands the right to use deadly force, takes effect Tuesday.

The measure was filed partly because of what happened to Ersland. It is patterned after Oklahoma's Make My Day Law, which allows use of deadly force against someone who has unlawfully entered a dwelling.

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