Defense attorneys for a pharmacist charged with murder are asking a judge to remove Oklahoma County District Attorney David Prater and his assistants from the case.
Pharmacist Jerome Ersland, 58, was charged with first-degree murder after he shot a masked robber six times in May 2009 inside the Reliable Discount Pharmacy in south Oklahoma City. He has said he acted to defend himself and two female employees. Prosecutors say he went too far when he fired the last five shots, in effect executing an unconscious robber who was no longer a threat.
In a legal motion filed today, defense attorney Irven Box contends the district attorney has made the prosecution of the pharmacist personal. Prater responded today, "This case is no different than any other."
District Judge Ray Elliott will hear the request. The trial is set to begin in December but the disqualification attempt could cause a delay.
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