Prosecutors say Ersland was justified in firing an initial shot but that he went too far when he grabbed a second gun and fired five more bullets into the teen while the boy lay unconscious on the floor.
Friesen said evidence supporting Ersland's contention that he still felt threatened by Parker was not allowed during his trial.
“The jury did not get to hear a number of experts that had been lined up so that the jury could understand the situation and how dynamic the shooting situation is, and the mind-state that Jerome would have been in at the time,” Friesen said. “He thought he was defending his life and the life of his co-employees.”
Surveillance video of the attempted robbery showed Ersland fire a shot and Parker fall out of camera view. Ersland then chased the other teen out of the store before returning, getting a second handgun, and firing five more shots that prosecutors said killed Parker.