You're thinking of the Felony Murder Rule. It's not applicable to Ersland in this cases, but they applied it to the adults that instigated the robbery.
This is why I am not a lawyer.
In retrospect, I would have stayed on course and gone to medical school and become a cosmetic surgeon, but I got lazy.
I will say it again because it is important ...
We expect our military and LEO to behave with a certain amount of self-restraint. How can we hold conceal carry holders to any less of a standard? If you carry a gun and you don't think you have the ability to respond to the threat of lethal force in an appropriate manner you need to re-evaluate your mindset and SEEK TRAINING ...
if one looks at only the evidence that's slowly peculating out. then let's ignore the grandstanding from:
1. Ersland
2. Box
3. the Judge
4. Prater
5. media
6. shot thug's mom
7. Medical Examiner
did I leave anyone out?
yes totally agree Ersland no way should have taken the additional five shots. and that he's guilty of a serious charge, but not murder 1.
1. what if downed thug was already dead when additional five shots was taken?
2. evidence shows thug never moved again after going down.
3. dispite ME's testimony thug was alive when second fire shots were taken. facts say otherwise, as it's impossible to determine of death within 30 seconds. it just cannot be done.
4. Box is 70 years old and highly likely way past his prime. His defense of Ersland was weak at best, incompetent at worst.
5. have not read the transcript, but reading notes from folks that was at the trial. it's evident Judge's rulings were slanted grossly in DA's favor. seems either Box was incompetent and/or Judge's rulings were biased.
6. managed to suffer through half of Ersland's initial interview before I couldn't stand any more of Ersland's bald face lies. what also came out was Ersland while being interviewed was STONE FACE HIGH on drugs. compare his speech patterns in his jail house interviews, where we know he's not on opiates.
evidence points to Ersland being Stoned out of his mind on drugs (opiates) during his interview and likely when he shot the thug . just like a drunk will make outrageous statements. so did Ersland only on tape...
7. media has managed to whip folks up into a frenzy.... a good portion of stories posted all over contains factual inaccuracies. but that's never stopped a good story...
have tried sticking to only the evidence and ignoring all the grandstanding.
please let me know if anyone disagrees with my interpretation of the evidence.
Last time I checked dead men don't move and/or cuss.
last time I fired a gun w/o hearing protection, I couldn't hear for at least a couple minutes...
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